General Terms and Conditions
Abbreviated name: MARA D Design d.o.o./ MARA D Design LLC
Registered seat: Radnicka cesta 80, Zagreb, Croatia
Entered into the Companies Register of the Commercial Court in Zagreb under No. Tt-20/34411, entry No. 2
Commercial bank and bank account No.: Erste&Steiermärkische Bank d.d., IBAN: HR95240200611007855455
VAT ID: HR24019980152
Entity Registration No.: 080947641
Company members: Marijeta Duvnjak
Authorised representatives: Marijeta Duvnjak
Email address: firstname.lastname@example.org
The consumer, as the customer, enters into a sales contract with MARA D DESIGN , a limited liability company for services and design (hereinafter: MARA D DESIGN LLC), as the seller.
The Civil Obligations Act and the Electronic Commerce Act apply to legal persons in the capacity of a customer, while the Consumer Protection Act does not apply. These General Terms of Service shall apply to legal persons in respect to the price and payment method, general product features, contract conclusion procedure, description of delivery method and costs, general information, liability disclaimer, warranty and service conditions, loyalty programme and the contract conclusion date. The seller may, at its own discretion, in each specific case enable a legal person to exercise the same rights as the customer in the capacity of a consumer.
The user is a person using the www.kindkind.club website, just as every customer and visitor of the www.kindkind.club website.
Entry into a sales contract via the www.kindkind.club website is governed by relevant regulatory provisions, with special regard to the principles and provisions of the EU directives. Entry into a contract via the www.kindkind.club website is considered the conclusion of a distance contract.
These General Terms of Service represent also a pre-contractual notice and refer to the conclusion of a sales contract if the customer is a consumer, i.e. any natural person entering into a legal transaction or operating in a market outside their trade, business, craft or professional activity, and if the contract is concluded between a trader and a consumer within the framework of an organised sales or service rendering system without the simultaneous physical presence of the trader and the consumer in a single place, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Means of distance communication are any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a distance contract, such as the Internet and email.
The contract is deemed to have been concluded when the seller accepts the customer’s offer, pursuant to which all of the terms listed on www.kindkind.club represent an invitation to purchase. The seller may terminate the sales contract if the customer fails to pay the purchase price, and is not obliged to deliver the products until the purchase price has been paid, except in cases where the customer has chosen the cash on delivery payment option.
The General Terms and Conditions of Personal Data Protection form an integral part of these General Terms of Service.
English is the official language of the sales contract conclusion.
Before using the www.kindkind.club website (hereinafter: the website) owned by MARA D DESIGN LLC, the user/customer undertakes to familiarise themselves with these General Terms of Service. If a problem or an ambiguity arises in relation to these General Terms of Service, they can contact MARA D DESIGN LLC via email@example.com.
The website content is protected by copyright. The website content may be altered, borrowed, sold or distributed only with prior written consent of MARA D DESIGN LLC
MARA D DESIGN LLC enables the use of the website in the best possible way. This includes: monitoring the server functioning, capacity expansion by number of users, customer support and correction of any potential defects and problems in the system operation. MARA D DESIGN LLC will not be held liable for any potential problems with the functioning of the website and related services. MARA D DESIGN LLC cannot guarantee that the website will be used without any interruptions or errors. The user acknowledges that the website access can from time to time be interrupted or temporarily unavailable.
The user uses the website at their own risk. MARA D DESIGN LLC will in no way be held liable for any damage that the user may suffer through the use of www.kindkind.club . Authors and other natural and legal persons involved in the creation, making and distribution of www.kindkind.club will not be held liable for any damage incurred by the use or inability to use the website.
MARA D DESIGN LLC reserves the right to deny the user access to www.kindkind.club when we reasonably believe that it is used in an inappropriate way. MARA D DESIGN LLC reserves the right to deny anyone access to www.kindkind.club at its own discretion. The user undertakes to use www.kindkind.club in a way that does not jeopardise the full extent of its resources and services. It is forbidden to use www.kindkind.club n an inappropriate manner and any such behaviour will result in denied access.
The user undertakes not to disclose the data about their user account and will be held fully liable for any and all damage incurred by unauthorized use of their user account.
MARA D DESIGN LLC reserves the right to amend these General Terms of Service at any time. Amendments will enter into force on the day of their publication on www.kindkind.club . Further access to the website or the use of any part of its content will be deemed as acceptance of the amended General Terms of Service. MARA D DESIGN LLC recommends the user to periodically check these General Terms of Service to keep themselves updated with any potential changes.
MARA D DESIGN LLC reserves the right to modify, amend or cancel any part of its business, at any time and without prior notice, including the website or any part thereof, its services, web pages or services provided through them. The said right includes, without limitation, changing the content availability period, new data availability, transfer method and the right to access or use the website.
The user undertakes to use the website in accordance with applicable regulations and general moral and ethical principles. MARA D DESIGN LLC is entitled to control the website content any any time, in order to ensure compliance with these General Terms of Service and applicable regulations. Amendments to these General Terms of Service enter into force immediately upon their publication on www.kindkind.club .
MAIN PRODUCT FEATURES
The customer will learn about the main product features via www.kindkind.club .
MARA D DESIGN LLC reserves the right to alter the website information, including the product prices and promotional offers, without prior notice.
Next to the product image is a description of its main features and the price with VAT.
Prices, payment terms and promotional offers are valid only at the time of ordering and/or payment.
CONTRACT CONCLUSION PROCEDURE
The customer will make a purchase on the MARA D DESIGN LLC website www.kindkind.club by filling out the purchase form. The customer is obliged to enter all data requested in the form. The customer creates a user account when placing an order. The purchase can be made only upon the customer’s acknowledgement that they have read, understood and accepted these General Terms of Service and that they are aware that it constitutes an order with a payment obligation. Products can be purchased 24 hours a day, 7 days a week. MARA D DESIGN LLC will be not held liable for the costs incurred by the use of computer equipment and telecommunication services required to access the service. The customer will be notified of the order confirmation (i.e. about the receipt of the email containing their offer) and of the order shipment via email.
If MARA D DESIGN LLC is, for whatever reason, unable to deliver any of the products ordered, one of the employees of MARA D DESIGN LLC will contact the customer per email for the purpose of arranging the delivery of a replacement product or cancelling the ordered product. The purchase of a product and/or service in the name and for the account of a minor or a person deprived of legal capacity (partially or entirely) may be made only by their legal guardians.
The purchase is made by ordering available products selected on the basis of the product’s image and basic description. All images are for an illustrative purpose only and may not be an exact representation of the product. The customer makes a purchase in a few simple steps from the comfort of their home or anywhere in the world.
- The customer can browse products according to different criteria. By entering a certain term in the “Search” box, related products will be shown. The customer can select the product they are interested in and read its description in order to make a decision about whether it suits their needs. The customer selects products from the product catalogue of MARA D DESIGN LLC, sorted by types.
- The product order is made electronically. The selected product is added to the basket by clicking the “Add to cart” icon. Adding the product to the basket does not imply that it has been reserved, ordered or purchased. The customer can continue to add products by clicking “Continue shopping”, view the basket by clicking “View cart“ or complete the selection process by clicking “Checkout”. Upon completing the product selection process by clicking “Checkout”, the customer will be redirected to the web page where they will choose the payment and delivery methods, enter the code if they have a coupon or a voucher, write additional remarks, if any, and tick the appropriate box if they need an R1 invoice. It is not possible to continue with the purchase without ticking the box “I agree with the General Terms and Conditions”, whereby the customer acknowledges that they have read, understood and accepted these General Terms of Service, and without ticking the box “I am aware that the order entails a payment obligation”. The customer may change items in the basket by clicking “Change order”. If the customer wishes to buy the products in the basket, they can click “Pay”. Upon making an order by clicking “Pay”, the customer will receive from the seller an email with these General Terms of Service together with the order confirmation and number, confirming that the order has been received and is now being processed.
- The seller will email to the customer a confirmation of the concluded sales contract together with a shipping confirmation.
- If the customer does not receive the ordered and paid products within eight business days (Saturdays, Sundays and non-working days excluded) from the payment date, i.e. eight business days (Saturdays, Sundays and non-working days excluded) from the contract conclusion with agreed payment upon receipt, they are obliged to notify MARA D DESIGN d.o.o thereof by sending an email to firstname.lastname@example.org.
- If the customer does not receive an email confirming the purchase within 24 hours or is unable to access the service in the manner indicated in the email, they are obliged to contact the seller by sending an email to email@example.com Monday to Friday (non-working days excluded) between 9 a.m. and 5 p.m.
- If MARA D DESIGN LLC is, for whatever reason, unable to deliver any of the products ordered, one of the employees of MARA D DESIGN LLC will contact the customer per email for the purpose of arranging the delivery of a replacement product or cancelling the ordered product.
- If a problem or an ambiguity arises during the ordering procedure, the customer can contact MARA D DESIGN LLC by sending an email to firstname.lastname@example.org from Monday to Friday (non-working days excluded) between 9 a.m. and 5 p.m.
MARA D DESIGN LLC (hereinafter: the seller) is responsible for any and all material defects of a product until the risk is transferred to the customer (the moment of its delivery to the customer or a third party designated by the customer (other than the carrier) regardless of whether it was aware of them. Furthermore, it will be held responsible also for the material defects detected after the transfer of risk to the customer if they are the result of a pre-existing cause. It will be deemed that a defect arising within six months from the transfer of risk to the customer existed at the time of the risk transfer, unless the seller proves otherwise or unless the nature of the item/defect shows otherwise. The defect exists:
- If the item lacks the features necessary for its regular use or operation;
- If the item lacks the features necessary for the use intended by the customer, which was known or had to be known to the seller;
- If the item lacks the features and characteristics that were expressly agreed or implied, i.e. prescribed;
- If the seller delivered an item that differs from the sample or model, except if the sample or model was displayed for informative purposes only;
- If the item lacks the features that otherwise exist in other items of the same kind, and which the customer could have reasonably expected due to the nature of the item, especially taking into account public statements of the seller, the manufacturer, and their representatives about its features (advertisements, labels, etc.).
The consumer undertakes to inform the seller of the existence of any visible defects within two months from their discovery, and no later than two years from the date of risk transfer to the consumer.
When the customer, after receiving an item, discovers a defect that could not have been detected through a regular check when collecting it, the customer undertakes, under threat of losing the right, to notify the seller thereof within two months from the date of its discovery.
The seller will not be liable for any defects arising after the expiry of two years since the item was delivered. The rights of the customer who has notified the seller of the existence of a defect in due time shall extinguish after two years, counting from the day the notice was sent to the seller, unless the seller deceived the buyer into failing to exercise their rights.
In the case of existence of a material defect, according to the Civil Obligations Act the seller may be obliged to perform one of the following activities:
- Remove the defect;
- Deliver another product free of defects;
- Reduce the price;
- Terminate the contract.
The Civil Obligations Act governs the rights based on material defects of an item.
If the customer is a legal person, the rules about material defects set out by the Civil Obligations Act will apply, especially with regard to the part where this is regulated differently from these General Terms of Service.
RIGHT TO UNILATERAL CONTRACT TERMINATION
The consumer is entitled to terminate the contract unilaterally within 14 days without stating the reason.
The 14-day notice period begins on the date when the consumer or a third person designated by the consumer (other than the carrier) took possession of the product.
If the consumer orders one or more product items to be delivered separately, i.e. if the goods are delivered in more than one item or package, the 14-day period commences from the date when the consumer or a third party designated by the consumer (other than the carrier) took into possession the last product item or package.
If regular delivery of goods is agreed upon over a certain period, the 14-day period commences from the date when the consumer or a third party designated by the consumer (other than the carrier) took into possession the first product item or package.
If the consumer is not notified of their right to unilateral contract termination, the said right will cease to exist 12 months after the expiry of the 14-day period.
If the seller notified the consumer of their right to terminate the contract within 12 months, the right to unilateral contract termination will cease to exist upon expiry of 14 days from the date of receipt of the relevant notification.
In order for the consumer to exercise their right to unilaterally terminate the contract, they are obliged to inform the seller about such a decision prior to the expiry of the 14-day period by sending an unambiguous notice to the seller’s address at Radnicka cesta 80, Zagreb or per emailing it to email@example.com, together with their name and surname, address, telephone number and/or their email. The seller will promptly deliver to the consumer a confirmation of receipt of the unilateral contract termination notice. In the case of contract termination, each of the contracting parties undertakes to return to the other party the items received on the basis of the contract. Unless the seller has offered to take back the goods returned by the consumer, the seller will refund the amount paid only after receiving the goods, i.e. after receiving evidence of shipment from the consumer, should the seller be notified thereof before actually receiving the goods. The seller is not obliged to refund any additional expenses resulting from the customer’s express choice of transportation that differs from the cheapest standard transportation offered by the seller. The seller undertakes to refund the amount paid via the same payment method used for the original order payment, unless the consumer expressly agrees to another payment method, assuming that the consumer is not required to pay any additional costs for such refund.
Unless the seller offered to take back the goods returned by the consumer, the consumer will return them without delay and no later than 14 days from the date of notifying the seller about their decision to terminate the contract.
It will be deemed that the consumer has fulfilled their obligation to timely return the goods if they send or deliver them to the seller or their authorised person prior to the expiry date.
The consumer will bear all direct costs related to the product return. The consumer will be held liable for any reduction of the value of goods resulting from handling the products, except for that required for determining their nature, features and functionality.
In order for the consumer to determine the nature, features and functionality of goods, they can handle and inspect them solely in the manner that is customary when purchasing goods at the seller’s premises. The customer is not allowed to wear, use or take any other actions that might reduce the value of the goods they intend to return within the 14-day period. During the period when the consumer is entitled to return the goods, they must handle them with due care and attention, i.e. be particularly careful and diligent. In the case of a reduction of value resulting from the product handling, the seller will compensate it at its own discretion out of the paid purchase price, taking into account the objective criteria of each individual case.
A sales contract may not be terminated in the following cases:
- If the subject-matter of the contract are goods made according to the consumer’s specifications or clearly tailor-made;
- If the subject-matter of the contract are sealed goods that, for health or sanitary reasons, cannot be returned as they were unsealed on delivery;
- If the subject-matter of the contract are goods which are, due to their nature, inseparably mixed with other items after delivery;
- If the consumer specifically requests from the trader to perform urgent repairs or maintenance, and the seller during such a visit also renders additional services, i.e. delivers goods other than those necessary for performing urgent repairs or maintenance, the consumer is entitled to unilateral contract termination with respect to the said additional services or goods.
When the customer is a legal person, the section of these General Terms of Services “Right to unilateral contract termination” does not apply. In this case, the Civil Obligations Act and the Electronic Commerce Act apply.