GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE AND WEBSHOP SERVICE
1. GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions regulate the use of the website of the company BOIMAR d.o.o and the use of the WEBSHOP
service of the BOIMAR Company by Users. User means every natural person with permanent or usual residence in the Republic
of Croatia or outside it accessing the Website. The term User also refers to Registered User. Registered User is every natural
person with full business capacity, registered for the use of the WEBSHOP service on the Website, with permanent or usual residence in the Republic of Croatia or outside it. WEBSHOP service is every service that enables Registered Users to purchase the BOIMAR products through the Website.
1.2 By accessing the Website via appropriate technological means of access and by using the Website, the User undertakes to comply
with these General Terms and Conditions and agrees to be subject to the provisions of these General Terms and Conditions.
2. LIMITATIONS OF USE AND LIABILITY
2.1 By accessing our Website, the User undertakes not to:
a) use the Website in any way that is contrary to the regulations currently in force;
b) place on the Website or distribute through the Website any content which
is contrary to the regulations, including, but not limited to harmful, threatening, disturbing,
vulgar, pornographic content, discriminatory content conducive to hatred and racial hostility
or content which violates other people’s rights and interests;
c) alter, delete or destroy any data on the Website;
d) use the Website to violate rights of third parties, including confidentiality, intellectual
property rights or other rights or interests of third parties;
e) use the Website to send electronic mail contrary to these General Terms and Conditions;
f) post or share through the Website any illegal software, including,
but not limited to viruses, spyware, Trojans, spams or the like.
2.2 Documents, data and information published on the Website may not be reproduced, distributed or in any way used for
commercial purposes without an express consent of BOIMAR, or in any way that may cause damage to BOIMAR or any third party.
2.3 Documents, data and information published on the Website may be used only for the individual needs of Users,
in full respect of all copyrights and property rights, and the rights of third parties.
2.4 By using the contents of the Website, the User accepts all risks arising from the use of the Website
and agrees to use the contents of the Websites exclusively for personal purposes and at his/her own responsibility.
2.5. The Website may include documents, data, information and links to other web pages created by third parties,
which shall, to the extent that is necessary and possible, be marked as such. BOIMAR has no control over the said documents,
data, information or other web pages and fully waives any responsibility, including, but not limited to the accuracy,
completeness and the availability of the contents of the web pages created by third parties.
BOIMAR waives all responsibility for any content of such third party web pages,
and for any products or services acquired through such third party web pages. Such third parties shall not be deemed in
any way connected with BOIMAR solely on the basis of the link to the Website concerned.
2.6.BOIMAR reserves the right to change the contents of the Website, the right to remove the Website, and the right to restrict access to the Website, without any prior notice, and shall not be held liable for any consequences which might arise from such changes, removal or restrictions.
2.7 BOIMAR shall not be held liable for any consequences which might arise from the unavailability
of the Website for any technical reasons.
2.8 BOIMAR reserves the right to change the price of its products.
2.9 BOIMAR reserves the right to prevent access to the Websites or Users that engage in actions contrary to these General Terms and Conditions, and shall not bear any liability for this.
3 INTELLECTUAL PROPERTY PROTECTION
3.1 The User accepts that the entire contents of the Website are the exclusive property of BOIMAR or its authorised persons.
3.2 Use of the Website provides the User with limited, non-exclusive, non-transferable and revocable permission to use
the Website contents by browsing them for personal use.
3.3 BOIMAR does not transfer to the User any rights in relation to the content of the Website, and prohibits the use
of the contents of the Website other than in conformity with these General Terms and Conditions and the instructions on the Website.
3.4 The User is especially not entitled to download, duplicate, alter, edit, distribute, show, delete, send, sell, resell, adjust, change
the content, create derivatives, incorporate it in other web pages or media or use it in any way other than for personal home use,
respecting the third party copyrights.
3.5 The User may be expressly permitted to download certain content from the Website. In such case,
the User undertakes that such content shall be used exclusively for personal use, and that he shall in relation to such
content fully comply with the provisions of these General Terms and Conditions, respecting the third party copyrights.
3.6 BOIMAR is not liable for any breach of copyrights by the User for the purpose of uploading data to the Website, including
photographs and documents, and shall upon invitation and based on the evidence on third party copyrights remove them from
the Website as soon as possible. If Users upload data on which they have copyright, by doing this they allow that such data become exclusive property of BOIMAR and BOIMAR shall be entitled to use them for commercial purposes, without limitations and compensation.
4 PROTECTION OF PERSONAL DATA
4.1 Before access to certain Website contents, the Users shall be obliged to provide their personal data to BOIMAR (User Registration).
specified by these General Terms and Conditions, under which certain persons are entitled to collect, use, process and transmit personal
data for the purpose of using the Website.
4.2 BOIMAR shall keep personal data for just as long as necessary for the purposes specified in these General Terms and Conditions.
After the expiration of the said term, the personal data shall be destroyed, deleted or made anonymous in a way that ensures that
the security of personal data is maintained.
4.3 BOIMAR shall not disclose Registered User’s personal data to third parties.
4.4 BOIMAR shall ensure that personal data are
kept in a safe place, including reasonable administrative, technical and physical protection to prevent unauthorised use, access,
disclosure, copying or changes to such personal data, accessible solely to authorised persons.
4.5 BOIMAR shall enable Registered Users to have access to their personal data in its possession to make sure
that the personal data are accurate, complete and updated. For all questions related to the use of personal data,
Users may contact BOIMAR directly.
4.6 If Users should request deletion of their personal data, BOIMAR shall remove such data, but by doing so,
they agree that access to certain content on the Website is to be disabled.
4.7 The User guarantees that the personal data provided are complete, true, accurate and up-to-date.
5 STATEMENT OF SECURITY
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter,
submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted
via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with
special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
6 USING THE WEBSHOP SERVICE AND USER REGISTRATION
6.1. The registration of users is carried out on the Website, where the User is obliged to enter specific personal or other
data and accept the use of such personal data by marking the specified boxes in order to register.
6.2 Upon successful registration, the Registered User is assigned a user name and a password which are used to authorise the
use of the WEBSHOP Service. The Registered User must keep his user name and password secret.
If the user suspects unauthorized use of his user name and/or password, he shall be held liable for any costs incurred through
the use of his user name and/or password up to the moment he notifies BOIMAR through contacts published
on the Website of his suspicions of unauthorised use. The user is also responsible for all non-permitted
activities authorised and carried out under his user name and/or password.
6.3 By registration, the user confirms and declares: · that he fully accepts these General Terms and Conditions, especially
in the part relating to the WEBSHOP Service; · that the provided personal data is complete, accurate, true and up-to-date;
7 CHOOSING AND ORDERING (BUYING) PRODUCTS
7.1 The Registered User hereby accepts that the purchase through the WEBSHOP Service is carried out in a way that the Registered
User buys products available through the WEBSHOP Service, designated as “Products” or “Articles” in a way to choose
them based on a picture, identification number and/or designation and basic description of the product.
7.2 The pictures of products are only illustrative, and are not always and in all detail identical to the products actually available.
In view of the possibility of individual adjustments to the computer screen, differences in the way in which the human eye might perceive the colour of products and the like, BOIMAR does not guarantee that the colours of products are identical to the colours that the User sees on his computer screen.
7.3 Products are ordered by electronic means. Once he has ordered the product, the User becomes the Purchaser.
Upon clicking on the “Add to Bag” icon, the selected product is placed into the virtual consumer Bag. In the
Bag Purchaser may increase the number of articles (bought products), delete or change the chosen products.
7.4 To proceed with the process and buy the chosen articles, it is necessary to click on “Buy” where the selected articles are located.
7.5 Products are regarded as ordered at the moment the Registered User (Buyer) completes the ordering process.
Upon completion of the ordering process, a notice will be sent to the e-mail address you provided to register as the User (Buyer), confirming the receipt of your order.
7.6 If BOIMAR is not able to deliver a particular ordered product, the Buyer shall be contacted by phone or e-mail within
48 (forty-eight) hours and informed thereof. The Buyer may always cancel the ordered product and request a refund or a replacement.
8 PRICES OF PRODUCTS BOUGHT THROUGH THE WEBSHOP SERVICE
8.1 The prices of products are shown in a currency of your choice; Euro (€) US Dollar (USD $), GBP or HRK and include value
added tax pursuant to the laws applicable in the territory of the Republic of Croatia, i.e. where the registered office of BOIMAR is located.
8.2 BOIMAR may offer group or individual discounts purchases through the WEBSHOP Service which may be limited to a specific time period or for the purpose of particular sales, that is a particular product type, group or category (brands). The products with discounts shall be clearly marked along with the discount for that particular product.
8.3 BOIMAR reserves the right to change the prices of products until the moment the purchase is confirmed.
8.4 By confirming the purchase, Registered Users complete the purchasing process through the WEBSHOP Service. The purchase contract is made at the moment of payment receipt.
8.5 Shipping charges for purchased products are not included in the price of products specified on the Website.
9 PAYMENT FOR PRODUCTS THROUGH THE WEBSHOP SERVICE
9.1 Registered Users may pay for products by credit cards or via Pay Pal.
9.2 Following credit cards are accepted:
9.3 In the case of payment by credit card the authorisation is carried out automatically.
9.4 BOIMAR shall bear all manipulation costs of the User credit card authorisation.
9.5 Only after a successfully completed authorisation will the Registered User be able to perform or continue with the purchase
through the WEBSHOP Service. In the case authorisation is not obtained, the purchasing process is terminated.
9.6 The Registered User shall receive a confirmation by electronic mail or Website whether the authorisation was successful
or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course
of using the WEBSHOP Service, which must be complete, accurate, true and up-to-date.
10 PRICE, TIME AND MANNER OF DELIVERY OF PURCHASE THROUGH WEBSHOP SERVICE
10.1 Delivery is possible for domestic orders via TISAK.hr and for the international ordersvia DHL EXPRESS.
10.2. Shipping within Republic of Croatia is FREE OF CHARGE (via KIOSK or PAKETOMAT) while for home delivery it cost 3 euro. For the international order delivery price starts from 14,50 eur (European Union+ Norway+ Swisserland) up; depending on the zone.
Prices depend on the country of origin.
10.3 After BOIMAR confirms an order and if the delivery is due on non-working days, within 48 hours, the delivery period
starts and the purchased products shall be delivered to the Registered User within the following deadlines:
a) up to 3 business days within the Republic of Croatia (delivery to the registered address)
b) within 24-48 hours (delivery to the nearest TISAK kiosk or via PAKETOMAT)
c) delivery within 24 h via DHL EXPRESS (for international orders)
10.4. In case of a foreseen delivery delay due to force majeure and/or fault which cannot be attributed to BOIMAR
Cand if for any reason the Registered User (Buyer) is not available at the contact number he provided
upon registration in order to be informed about this, BOIMAR is not responsible for the delay of delivery.
10.5. The delivery to the user will be made at the address for delivery provided upon User (Buyer) registration, and if the Registered User
(Buyer) is not found or does not receive the delivery at the address provided as the address of delivery, a notice shall be left with the number
that he can contact, or the delivery may be taken over by a third party (an adult member of the household,
authorised by the Registered User) on presentation of a document for personal identification.
10.6.The Registered User shall examine the parcel upon takeover, report any visible damage directly to the courier, and refuse
to accept a damaged parcel. By signing the delivery notification and receiving the invoice, the Registered User confirms that
he/she examined the product on takeover and that he/she does not have any complaints regarding the condition of the transport packaging.
10.7.If the Registered User refuses to accept a parcel, because of established and visible damages on the packaging used for transport,
he is obliged to fill out a form provided by the courier service regarding damaged parcels, and contact BOIMAR by electronic mail
or telephone within 8 (eight) days and state whether he/she wants a replacement or a refund. Upon receipt of a returning parcel
and the corresponding form, BOIMAR undertakes to perform a new delivery within the prescribed delivery period on request
of the Registered User if a product concerned is available on stock with BOIMAR, and if the said product needs to be ordered from the supplier,
the specified period shall be prolonged for the period needed for the supplier’s delivery without additional charges for the delivery or BOIMAR
shall make a refund, in line with the request of the Registered User.
10.8 If the Registered User fails to take over the product or refuses to take over the product without a justified reason
or refuses to fill out the forms, BOIMAR reserves the right to demand compensation of the expenses incurred.
11 RETURN AND COMPLAINTS REGARDING PRODUCTS PURCHASED THROUGH THE WEBSHOP SERVICE
11.1 Within 8 calendar days of the date of delivery of a product, the Registered User is entitled to file a complaint concerning
the product purchased or to return a product whitout an explanation, if at the time of takeover of the product he establishes defects on the product or if the delivered product is not functional. Based on a request for return or replacement, BOIMAR shall refund the amount paid to the account of the Registered User stated in the request, or replace the product with a new one within 30 (thirty) days of the date of receipt of a returned product to the address stated on the complaint form.
11.2 The Registered User shall announce the return of products purchased by emailing firstname.lastname@example.org .
11.3 Delivered products shall be returned by delivery to the address Registered User stated in the complaint form.
The cost of returning a product is borne by the Registered User.
11.4 The Registered User is obliged to return the product delivered in the condition in which it was delivered (unworn)
and in its original packaging (commercial packaging in which the product was delivered) with enclosed invoice.
11.5 If it is established beyond doubt that a complaint regarding a particular product is not justified or that the defects occurred as the result of inadequate handling or use, BOIMAR is not obliged to make a refund or provide a replacement. The product returned under complaint shall be returned to the Buyer at his/her cost, with a written statement of reasons for denial of the request for return or replacement.
11.6 If the request for a refund or replacement is justified, the cost of redelivering the product shall be borne by BOIMAR.
11.7 If a mistake should occur during the packing of ordered products and the Buyer does not receive the product he/she ordered, but some other product, he/she shall report the mistake by using the complaint form within 7 (seven) business days. In such case, the User must return the product which was wrongly delivered at the cost of BOIMAR, which undertakes to deliver the ordered product or make a refund (in line with the request of the User) within 15 (fifteen) days of the day on which the wrong article was received.
11.8 If the User does not receive the product he ordered and paid for, he shall report it within 7 (seven) calendar days of the expected arrival of the ordered product in the complaint form or through contacts published on the Website. BOIMAR shall establish within the said term what happened to the parcel referred to in the complaint, and inform the User of actions taken further to the complaint.
INFORMATION ON PRODUCTS AND SERVICES
Every product shall have indicated the exact name, identification number and/or product designation, main features,
retail price including all taxes and other duties, the purchase price and delivery and other handling costs affecting the product price.