GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE OF THE HERALDI WEBSHOP OF THE COMPANY DIVERSUS RES D.O.O. (HEREINAFTER: SELLER)

1. GENERAL PROVISIONS
1.1. Diversus res d.o.o. owns the Heraldi trademark registered with the institutions for the protection of names and trademarks.

1.2. The Seller provides online services through its website on the domain www.heraldi.hr, on the World Wide Web network of the Internet. The service consists of providing information services, managing content and conducting financial transactions.

1.3. Within the www.heraldi.hr website, the Seller provides trade representation services in the legal transaction of selling goods between internet service users, that is, between the Seller and the Customer, and organises the transportation of such goods.

2. LIABILITY OF THE WEBSHOP SELLER
2.1. By electronically registering at the Seller’s webshop, the Customer accepts these General Terms and Conditions of Business and Use, as well as the webshop’s Statement of Confidentiality, which represents a prerequisite for participation in the Seller’s webshop. On this occasion, the Customer voluntarily submits their personal data, which the Seller will refer to personal information that the Seller will process in accordance with the Statement of Confidentiality published on the www.heraldi.hr website.  The Seller invites the user to read these General Terms and Conditions of Business of the Seller’s webshop, as well as the Statement of Confidentiality, as these rules will apply to the use of the services of the Heraldi webshop, as well as in the event of any misunderstanding.

2.2. Registered users and Customers who have placed an order through the webshop www.heraldi.hr shall be considered users of services provided by  the Heraldi webshop.

2.3. The User expressly accepts that the Seller cannot be responsible for the conduct of the users of the services, and that the risk of possible harm is borne in full by the users of the services, in accordance with the positive regulations of the Republic of Croatia.

2.4. The Seller is not responsible for any temporary unavailability of the website heraldi.hr or any of its platforms, nor for partial or total interruptions or malfunctions in the operation of the website.

2.5. The heraldi.hr website may be temporarily unavailable or available to a limited extent as a result of regular system maintenance or upgrade, or due to force majeure situations.

2.6. The Heraldi webshop reserves the right to modify, terminate (temporarily or permanently) any element, content or entry, as well as any of the services it provides, without prior approval or notice, using good business practices.

2.7. The Seller is not responsible for technical problems that may lead to delays and/or misprocessing of electronic data. For all matters which are not regulated by the special terms and conditions of use of the Heraldi webshop, the General Terms and Conditions of Business and positive legislation of the Republic of Croatia, as well as other relevant international regulations shall apply.

2.8. The Seller does not vouch for the accuracy, reliability of content uploaded by users, or for such content itself. Texts, comments, photos, and other entries that users leave in the sections designated for this purpose must be accurate and correct. The user who entered such content is responsible for the information entered in this manner.  Accuracy of entries implies that such entries arrive from a competent source and/or the personal experience of the user. For each entry, the sole responsibility is borne by the user who entered the information.

2.9. In the operation of the website, the Seller shall respect social rules and laws.   If a user notices a problem, violation, unacceptable content etc., they are obliged to inform the Seller of this via the e-mail address heraldi@heraldi.hr.

2.10. The Heraldi webshop shall not be held liable in the event that data, images and other elements of the website infringe on anyone's intellectual property or copyright. If you hold that any of your rights or the rights of a third party have been violated,. please inform the Seller of this at the e-mail address heraldi@heraldi.hr.

2.11. The Heraldi webshop reserves the right to terminate unverified user accounts or user accounts that have been inactive for extended periods of time, as well as to remove ads that are ineligible for publication under the Seller's criteria or legal criteria.

2.12. Relations at the Heraldi webshop take place between the Seller and Customer (registered users of the heraldi.hr website of the Seller’s webshop) with trade representation by Diversus res d.o.o. through the Seller's website. The Seller and Customer can be legal or natural persons. The issuance of invoices, i.e. the conclusion of the Purchase Agreement, is binding in accordance with the law of the Seller and does not fall within the obligation of the trade representative.

2.13. If a relationship between the Seller and Customer that is recorded on the Seller's website is established, the Seller shall, in the capacity of trade representative, fulfil their obligations under the Agreement and these General Terms and Conditions of Business.

3. AUTHORISATIONS OF THE WEBSHOP SELLER
3.1. The Seller is not obliged to check or in any way control the behaviour of the users of the Seller’s webshop, but may do so if they deem it to be necessary.

3.2. By registering on the website, users agree to be subject to the consequences defined in these General Terms and Conditions of Business, in accordance with the rules set out in these General Terms and Conditions of Business.
3.2.1. The Heraldi webshop reserves the right to delete text, images, or any other material from its offer on the Seller’s webshop, at any time and without any specific justification. In particular, this applies, but is not limited to, offers placed in an inappropriate market categories, offers with unusually low prices, offers that are evidently frivolous, incomplete or contrary to the purpose of the Seller's webshop, offers that commit or are in any way related to any criminal offence, and the like.
3.2.2. In the case of deletion, neither the member nor any third party may exercise any rights or make claims to the Seller as a result of this deletion.
3.2.3. The Heraldi webshop also reserves the right to, without prior notice and without justification, rename, split, merge, delete, re-establish or otherwise modify any of the categories offered, as well as to move the existing offer from one relevant category to another.
3.2.4. The Seller shall have the right to delete such offers without prior notice.

4. DELIVERY
4.1. At the Heraldi webshop, delivery from the Seller to the Customer is made by the delivery service chosen by the Seller for the entire territory of Croatia.

4.2. At the moment the Customer finalises their order on the Seller's webshop, they will receive a notification and an invoice via e-mail.

4.3. The products must be adequately packaged for transport.

4.4. Adequate packaging of the parcel means placing the contents of the package in appropriate packaging (wrapper, box, case, etc.) to prevent damage or impairment of its contents or the contents of other parcels during transport.

4.5. The packaging must correspond to the content and format of the parcel, the size, weight and value of the parcel and the conditions and length of the route on which it is transported.

5. COMPLAINTS
5.1. Pursuant to Article 10 of the Consumer Protection Act (official gazette of the Republic of Croatia ˝Narodne novine˝ No. 41/14), the Customer has the right to file an objection or complaint concerning the products purchased through the webshop heraldi.hr within the legally prescribed period. The Customer Complaint Form is available HERE.

5.2. An objection or complaint can be filed by filling out the Form available on the link above and sending this form by post to the address of the Seller, Frankopanska 6, 10 000 Zagreb or by sending an e-mail with the completed form to the address heraldi@heraldi.hr. Also, the right to object/complain may be exercised by sending any other document describing the Customer's complaint to the postal address or e-mail specified in this item.

5.3. The complaint will be deemed valid if, on the basis of examination of the product and, if necessary, additional expert review, it is established that the product meets the conditions for refund prescribed by the Civil Obligations Act and the Consumer Protection Act.

5.4. The Seller undertakes to respond to the Customer's complaint in writing within 15 days.

5.5. If the complaint is found to be invalid, i.e. if the Customer's complaint is rejected, the Customer that has sent the complaint will bear the costs of re-delivering the purchased product to the Customer's home address.

5.6. If the complaint is found to be valid, the Seller is obliged to replace the product for the same product without defects, or to refund the entire amount of the purchase price of the product.

6. REFUNDS
6.1. After collecting the goods, the Customer may return the goods to the Seller within 14 days under the following conditions:
6.1.1. If they return an unworn, i.e.  unused product in the original packaging and with the original labels attached, the Seller will refund the entire paid purchase price for the product.
6.1.2. The Seller is not obliged to accept for refund any product that was damaged or used after being collected by the Customer, and the Seller is under no obligation to refund the paid purchase price.
6.1.3. The Seller is not obliged to accept for refund any product that does not have all the pertaining documentation that was enclosed with the product after its collection by the Customer, and is under no obligation to refund the paid purchase price.

6.2. We can only make a refund after the goods have been returned to us, within 14 days of the approval of the refund.

6.3. In order to exercise the right to unilateral termination, the Customer must send to the Seller a written notice stating that they are terminating the Agreement. The notification must be written on a durable medium and contain the information indicated below, and can be delivered as a letter sent by post or e-mail. The Agreement Termination Form is available for download under "Refunds".

6.4. The right to unilateral termination of the Agreement commences on the date of delivery, i.e. the date of collection of the parcel.

LIABILITY FOR MATERIAL DEFECTS

The Seller is liable for the material defects of the products in accordance with the Civil Obligations Act.
The Seller is responsible for the material defects that are present at the time of transfer of risk to the Customer, regardless of whether the Seller was aware of them. The Seller shall also be liable for those material defects that arise after the transfer of risk to the Customer if such defects are the result of a cause that existed before that. It is implied that any defect that occurred within six months of the transfer of risk existed at the time of the risk transfer, unless the Seller proves otherwise or if it otherwise stems from the nature of the item or the nature of the defect. The Seller is not responsible for any insignificant material defects.

A MATERIAL DEFECT EXISTS:

• if the item does not have the properties necessary for its regular use or sale,
• if the item does not have the properties  necessary for the special purpose for which the Customer is procuring it, and this fact was known to Seller or had to be known to the Seller,
• if the item does not have the characteristics and features that have been explicitly or tacitly agreed, or prescribed,
• where the Seller sent an item not equivalent to the sample or model, unless the sample or model was demonstrated only for informative purposes,
• if the item does not have properties that otherwise exist in other items of the same kind and which the Customer could reasonably expect according to the nature of the item, in particular taking into account public statements by Diversus res d.o.o. manufacturers and their representatives on the properties of the item (advertisements, labels and markings, etc.),
• if the Customer expected certain properties of the item on the basis of the statements of the manufacturer or their representative, the defect shall not be taken into account if the Seller did not know or should have known about these statements, or if these statements were refuted prior to the conclusion of the Agreement or if they did not affect the Customer’s decision to enter into the Agreement.

The defect in the product, if necessary, shall be proven by expert review at the authorised institutions, or with the assistance of an authorised court expert. If the defect on the product occurs within 6 months of the date of purchase and the Seller considers that the defect did not exist at that time, the costs expert review shall be borne by the Seller. If the defect on the product occurs after 6 months from the date of purchase, but not later than 24 months from the date of purchase, the costs of expert review shall be borne by the Seller or the Customer, depending on the result of the expert review.

The Seller is not liable for defects if such defects were known to the Customer at the time of the conclusion of the Agreement or could not have remained unknown to the Customer. The Seller is also liable for defects that the Customer could have easily noticed if the Seller stated that the item was free of defects or that the item had certain properties or characteristics.

NOTICE ON HOW TO LODGE A CONSUMER COMPLAINT

Pursuant to Article 10 of the of the Consumer Protection Act (official gazette of the Republic of Croatia ˝Narodne novine˝ No. 41/14), we inform consumers that they may express dissatisfaction with a purchased product or provided service by filing an objection in writing on our premises, in which we will confirm the receipt of the complaint in writing to you without delay.

You can also send a complaint:

a. by post, to the address: Diversus res d.o.o., Frankopanska 6, 10 000 Zagreb

b. by e-mail, to e-mail address: heraldi@heraldi.hr

We will send a response to your complaint in writing within 15 days from the date of receipt of the complaint.
The complaint must include the name and surname of the person who is filing the complaint, the address for the submission of the reply and the date of filing of the complaint.

The complaint form is available on the page Customer complaints