Web shop Terms of Purchase
General Terms of Purchase
These Terms apply to rights and responsibilities related to purchase of products in the weather-station.info web shop, as well as the rights and responsibilities under the Remote Sales Contract (hereinafter: the Contract) between the consumer as the end buyer (hereinafter: the Buyer) and weather-station.info web shop, which are considered part of such contracts.
The services provided by weather-station.info web shop are available at http:// weather-station.info website, hereinafter referred to as Elmas Web Shop. The owner of all rights on weather-station.info domain is Elmas d.o.o., Franje Račkog 42, Tax no. 67936371211. The Buyer’s use of Elmas Web Shop internet shopping service and all related pages in the weather-station.info domain implies that the Buyer is at all times familiar with these Terms of Purchase (hereinafter: the Terms) and that the Buyer understands and accepts them in their entirety.
The Terms are subject to change at any time, so the Buyer is advised to visit these pages whenever making a purchase in order to be informed of their rights and responsibilities. If the Buyer continues to use Elmas Web Shop web pages after the change of Terms, the Buyer agrees with the new Terms. Elmas d.o.o. retains the right to change these Terms without notice and shall not be liable for any consequences arising from such changes.
Internet sales service provider for Elmas Web Shop is Elmas d.o.o., Franje Račkog 42, Tax no. 67936371211.
Elmas d.o.o. retains the right to cancel the service and change the contents and other services and subpages that are part of Elmas Web Shop at any time and without prior notice and shall not be liable for any consequences arising from such changes. The changes come into effect at the moment they become available at these web pages.
Elmas d.o.o. retains the right to existence of an error in description or image of a product. Photographs and images on these web pages and partner web pages do not need to correspond to products actually available for purchase. Some of the photographs may be generic for a certain type of products. The Buyer has no right to file a complaint on that basis. If a product available for purchase is found to be significantly different from the product with requested specifications, Elmas d.o.o. will notify the Buyer and proceed according to the mutual agreement.
Purchase, entering and terminating contract of sale
These Terms, like individual conditions of sale specified with the information on certain products, represent the offer by Elmas d.o.o. for the closure of Contract, wherein the Buyer by means of registration, completion of order or in some other way defined by these Terms accepts the Terms, which represents a closure of Contract between the Buyer and Elmas d.o.o. in accordance with the conditions of sale specified in these Terms. The Contract between the Buyer and Elmas d.o.o. applies only to Croatia.
The purpose of the Contract is the purchase of selected product(s) via Elmas Web Shop by paying the appropriate charge (price) for the product(s) and the associated delivery service charges for the product(s). The Contract is concluded by means of remote communication (Remote Sales Contract) via the following: a web order placed in Elmas Web Shop, an order form printed in marketing materials or an order placed via telephone call. The Buyer can choose to be informed by Elmas d.o.o. about new products, discounted products and similar through a newsletter. After successfully completing the registration (correctly entering all requested information), the Buyer will receive an email message with information about a successful registration.
The products you can buy are displayed on the domain, and next to each product there is information about the price and specifications. The price and terms of delivery are specified under “Delivery”.
All prices in Elmas Web Shop are shown in kuna inclusive of VAT. Before concluding the Contract, the Buyer can view the Terms by clicking the link “Terms of Purchase”. The Contract comes into effect and becomes binding when the Buyer accepts the offer made by Elmas d.o.o. in one of the following ways:
- by selecting the payment method and completing the order as a registered user of Elmas Web Shop
- by selecting the payment method and completing the order as a guest user of Elmas Web Shop (without registering)
- by selecting the payment method and completing/changing the order via telephone no. 385 51 374 535.
During registration or creation of user account, the Buyer must choose a name under which the Buyer will use the services, as well as a security password, and must specify a valid email address. All the information used in registration and creation of the user account must be correct and the use of another person’s data is strictly forbidden.
Registration or user account are made for one person only and it is not allowed to reveal the data used in registration or user account creation to third parties. The Buyer must keep the password and user account data confidential. The use of another person’s account is not allowed. In case of breach of Terms in this section, Elmas d.o.o. retains the right to cancel the Buyer’s user account at its own discretion and without any obligation to remunerate the Buyer for any costs or damages. The Contract comes into effect when the Buyer accepts the offer to enter such a Contract. The Sales Contract between the Buyer and Elmas d.o.o. is concluded when the product is paid. The Buyer will be able to view the Contract electronically or receive an email message containing: the confirmation of the Contract made or a pre-contractual notification defined in Article 57, Paragraph 1, of the Consumer Protection Act (Official Gazette, 41/14), these Terms and a notification about the Buyer’s right to unilaterally cancel the Contract, with the unilateral contract cancellation form referred to in Article 61, Paragraphs 1 and 2, of the Consumer Protection Act.
The Buyer may unilaterally cancel the Contract within 14 (fourteen) days without specifying a reason. According to Article 79, Paragraph 1, of the Consumer Protection Act (Official Gazette 41/14), the Buyer has no right to unilaterally cancel the Contract if the service has been fully provided and the provision was started with the Buyer’s explicit consent and the Buyer’s confirmation of being aware that the Buyer has no right to unilaterally cancel the Contract if the service had been fully provided.
If the Buyer unilaterally cancels the Contract, the Buyer will be reimbursed with the amount received from the Buyer, including delivery costs, without delay and at the latest within 14 (fourteen) days after Elmas d.o.o., or web-based Elmas Web Shop, has received the notification of the Buyer’s decision to unilaterally cancel the Contract. The reimbursement will be executed in the same way the Buyer made the payment. If the Buyer accepts to some other method of reimbursement of payment, the Buyer will not be charged with respect to the reimbursement. Elmas d.o.o. can refund the payment only after the purchased products have been returned or after receiving proof that they have been sent back.
The Buyer shall deliver or send the purchased products to Elmas d.o.o., Franje Račkog 42, Rijeka, without undue delay and not later than 14 (fourteen) days after Elmas d.o.o., or Elmas Web Shop, responded to the decision of unilateral cancellation of Contract. According to Consumer Protection Act (Official Gazette, 41/14, Article 77), the costs of returning the products are the sole responsibility of the Buyer. The Buyer is responsible for any decrease in value of the products as a consequence of handling.
If the provision of service is started upon the Buyer’s request during the period for a unilateral cancellation of Contract, the Buyer shall pay Elmas d.o.o. the amount proportional to what has been delivered until the moment when the Buyer informed Elmas d.o.o. about the unilateral cancellation of Contract. You can find a sample form for a unilateral cancellation of contract, which you can fill in and send, at the link on our web pages:
Form for a unilateral cancellation of Contract
The process of purchase and payment method
Basic product characteristics, prices, special offers and discounts, payment and delivery methods are specified next to each product and refer to those valid at the moment of placing the order. You can see the price of the product, inclusive of VAT and delivery, in the basket before placing your order. Delivery cost may be seen in some other sections of the website. All information regarding the confirmation of purchase via electronic order will be sent to the Buyer’s email address specified during the registration/ordering process or in the basket when entering data for order placement. All prices are shown in Croatian kuna (HRK). All prices of products and services offered at weather-station.info website are inclusive of VAT.
Elmas d.o.o. considers the selected products in the registered on unregistered Buyer’s basket as an order and retains the right to cancel it if there are justified reasons. In case of the cancellation of order, Elmas Web Shop will notify the Buyer via the provided email address or contact phone number, stating the reasons.
By accepting the Terms of Purchase at the moment of ordering a certain product on offer, the Buyer (as per the Consumers Protection Act) confirms that he/she is familiar with the information published on weather-station@info domain and its sub-pages, that is, with the name, company or name, registration number and retailer’s headquarters (Elmas d.o.o.) and ways of filing complaints; information about offered products, their name, characteristics and price, including taxes and other charges; information about product delivery costs; information about payment methods and about product delivery methods and due dates.
Elmas Web Shop (Elmas d.o.o.) must provide the Buyer (as per the Consumers Protection Act) with a confirmation containing the above mentioned details, in written form or some other permanent medium, as soon as possible and no later than at the moment of delivery. By accepting these Terms, the Buyer agrees to receive the said confirmation by email to the address specified when entering order details. The payment of product price and delivery costa can be made in one of the following ways:
Payment on delivery – the products are paid for when delivered by a courier company. This includes cash payment only.
Payment by money order – ordered products can be paid for by a money order form at any bank, FINA office (Croatia) or post office. After the confirmation of order, Elmas Web Shop will send the Buyer an email message with all the details needed for payment by money order. All data has to be entered correctly into the money order form and pay within 7 days.
Internet banking payment – ordered products can be paid via internet banking service of any bank that offers that possibility. After the confirmation of order, Elmas Web Shop will send the Buyer an email message with all the details needed for making the payment.
Payment by card – American Express, Maestro, MasterCard, Visa, Diners (single payment or in instalments, depending on the amount). All card transactions (debit and credit cards) are subject to check by Elmas d.o.o., which may take between one and three working days. Receipt of payment from the Buyer indicates payment has been received into Elmas d.o.o. giro account. Moneys paid into Elmas d.o.o. account are visible on the following working say, or 24 hours after payment was made. The payments Customer made on Friday can usually be seen on Monday, when the products are dispatched via a courrier service.
Cost and terms of delivery
Cost of delivery is calculated automatically when buying the product. Elmas Web Shop’s electronic system then issues an order form with the product(s) purchase price and delivery costs. The cost of delivery is specified separately in the basket, below the ordered items price.
If Elmas d.o.o. cannot deliver any ordered product for any reason, we will contact the Customer by telephone or email to arrange a replacement product or cancellation of order.
Replacements, complaints and material responsibility
If the Buyer receives a product which the Buyer wants to replace with a product of a different size or another product, the Buyer should contact Elmas Web Shop using the phone number 385 51 374 535.
Ordered products are packaged in a way that protects them from damage under normal handling conditions during shipping and delivery. The Customer should check the package on delivery If there is any visible damage/defect, we recommend that the Buyer declines such delivery as it is possible that the product inside a damaged package is also damaged. Of the Buyer declines the delivery, the courier service will return the package to Elmas d.o.o. with a note on its faulty condition.
If the complaint is justified, the Contract can be cancelled with the payment refunded or products replaced. If the delivered product is damaged and/or faulty, the Buyer may return it to the above address in order for the complaint to be accepted on the basis of physical evidence. If it is established, upon thorough examination, that damage of the product was caused by an intentional or accidental mechanical action after the same product had been checked and sent to the Buyer, the complaint will be rejected or disputed. In such case, the Buyer will bear material responsibility for the purchased product.
It should also be noted that according to Article 43, Paragraphs 5 and 6, of the Consumer Protection Act (Official Gazette, 41/14), the retailer shall be liable to cover the cost of expert opinion if a material defect appears on the product within six months after the transfer of risk to the Buyer (day when the product was purchased) and the retail maintains that the defect was not present on that day. If a material defect appears on the product after six months, but not later than 24 months after the transfer of risk to the Buyer, the retailer or the Buyer shall be liable to cover the cost of expert opinion, depending on its result. The retailer shall not be liable for material defects on the product that appear after two years since the purchase.
The product that is the subject of the complaint must include its original packaging and invoice.
Statement on the personal data collection and use
Elmas Web Shop internet store agrees to respect the anonymity and privacy of buyers in Elmas Web Shop and to use and process the data only for the purpose and intention defined in these Terms. By buying in Elmas Web Shop internet store, whether as a registered or an unregistered user (guest), the Buyer agrees that Elmas Web Shop collects and processes the Buyer’s personal data specified on the registration form, as well as data related to the Buyer’s orders in a way defined by these Terms.
Elmas Web Shop will use the data exclusively for the purpose of fulfilling its contractual obligations and better understanding of the Buyer’s individual needs and requests, as well as for improving the quality of Elmas Web Shop services provision. Elmas Web Shop collects and processes buyers’ data related to the way Elmas Web Shop is used, without revealing the Buyer’s identity and/or personal data that may reveal the Buyer’s identity.
Elmas Web Shop collects and records the data about the Buyer’s IP address (Internet Protocol Address) or about the computer location for the purposes of system administration, troubleshooting, content download confirmation or improvement of the internet service technical aspects. Elmas Web Shop will automatically record data about habitual use of Elmas Web Shop by the Buyer, including the log file about visiting certain sites and/or contents. Elmas Web Shop will use this data only for the purpose of enhancing its service.
Elmas Web Shop does not record the Buyer’s credit card number and does not store transaction data. Elmas Web Shop uses third party services (an authorized bank) for credit card payments, which protects sensitive data by encryption.
In the product section of our website, Elmas Web Shop internet store uses browser technology known as cookies. This enables our internet store to follow the products in your basket. The cookies contain a so-called session ID to ensure that the web shop recognizes and remembers the user’s browser during the session, as well as the user themselves, thus enabling the buying process. If the cookies in your browser have been disabled, the online store will not function. Find out more about the cookie programs here.