BASIC INFORMATION ABOUT SELLER
Name: Hemp Fiume d.o.o. (Ltd)
Headquarters: Stupari 26 A, 51216 Viškovo
Company registration number: 5344085
REGISTER NUMBER (National classification of activities): 0128
Telephone number: 091 1682 655
E-mail address: firstname.lastname@example.org
“Consumer”, as “Buyer”, and Hemp Fiume d.o.o., as “Seller”, conclude the
CONTRACT OF PURCHASE AND SALE
Legal entities as Buyers are subject to the application of the Civil Obligations Act and the Electronic Commerce Act and the Consumer Protection Act does not apply to them. These General Terms of Service apply to legal entities in the part relating to the main features of product, conclusion of the contract, product price, method of payment and shipment of products, description of product delivery and delivery costs, general information, warranty and service conditions, loyalty club, disclaimer, and the moment of conclusion of the contract. Seller may, at their choice, grant to a legal entity in each specific case the rights of Buyer who is also Consumer.
“User” is a person who uses “the Website”hemp.hr, just like any buyer and visitor of the Websitehemp.hr .
Conclusion of the contract of purchase and sale through the Websitehemp.hr is regulated in accordance with legal provisions taking into account the principles and provisions of European Union directivesin particular. Conclusion of the contract through the Websitehemp.hr represents the conclusion of a distance contract.
General Terms of Service also represent a pre-contractual notice and refer to the conclusion of the contract of purchase and sale if Buyer is Consumer or any natural person who enters into a legal transaction or operates in the market outside their trade, business, craft or professional activity. The Terms of Service also apply if the contract is concluded between trader and Consumer within an organized system of sales or provision of services without simultaneous physical presence of trader and Consumer in one place in which, until the moment of conclusion of the contract and for the conclusion of the contract, one or more remote communication means are used.
Remote communication means are all means that can be used for the conclusion of adistance contract without simultaneous physical presence of trader and Consumer, such as the Internet and e-mail.
The contract is concluded when Seller accepts Buyer’s offer and everything listed on the Website Hemp Fiume d.o.o. represents an invitation to bid. Seller may terminate the contract of purchase and sale if Buyer does not pay the purchase price and is not obliged to deliver products until the receipt of the purchase price, unless Buyer choses cash on delivery as payment method. If, for some reason, Buyer does not pick up the shipment and it is returned to Seller, Seller will repeat delivery 2 more times and will not make further attempts of deliveryafter a total of 3 failed attempts.
An integral part of these General Terms of Service are the General Conditions of Personal Data Protection.
The content of the Websitehemp.hr is available in Croatian. The official language for concluding the contract of purchase and sale is Croatian.
MAIN FEATURES OF PRODUCTS
Buyer gets acquainted with the main features of product on the Websitehemp.hr
Hemp Fiume d.o.o. reserves the right to change information, including product prices and special offers, on the Website without prior notice.
The image of product is accompanied with a description of the main features of product and its price including VAT.
Prices, payment terms, and special offers are valid only at the time of ordering and / or payment.
CONCLUSION OF THE CONTRACT
Purchases are made on the WebsiteHemp Fiume d.o.o.hemp.hr by filling out the provided form.Buyer is obliged to enter all required informationwhen filling out the form. Purchase can be made with Buyer confirming they have previously read and understood the General Terms of Service and agreed to them, and that they are aware this is an order with the obligation to make payment. Purchases can be made 24 hours a day, 7 days a week. Hemp Fiume d.o.o. is not responsible for the costs of using computer equipment and telecommunications services required to access the Service. Buyer shall be notified of the order confirmation (an e-mail containing Buyer’s offer) and shipmentby e-mail.
In case that Hemp Fiume d.o.o., for any reason, is not able to deliver any of the ordered products, Buyer shall be contacted via phone or e-mail by an employee of Hemp Fiume d.o.o. in order to agree on the delivery of a substitute product or possible cancellation of the ordered product.
Purchase of products and / or services in the name and on behalf of a minor, or a person deprived of legal capacity (in whole or in part) may be requested only by their legal representatives.
Purchases are made by ordering available products that Buyer chooses based on image and basic description. Images are illustrative and therefore do not always correspond to the available products in all the details. Purchase is made in a few simple steps from the comfort of Buyer’s home at any place in the world.
Product search is available by different criteria. By entering a certain term in the “Search” field, products related to the specified term will appear. Buyer can choose a specific product of their interest, read the available product description and decide on their own whether the product meets their needs. Buyer selects products from the product catalog hemp.hr arranged according tothe type of products.
Products are ordered electronically. By clicking the “Add to cart” button, the selected product is added to the cart. By placing a product in the cart, that product is neither reserved, nor ordered, nor purchased. Buyer can continue to add products by clicking “Continue shopping”, review the cart by clicking “Cart view”, or complete the product selection process by clicking “Check out”. When Buyer completes selecting products by clicking “Check out”, they will be redirected to next page to select payment method and delivery method; enter a code for a coupon or gift voucher; put additional notes if any, e.g. they want the R1 invoice. It is not possible to continue shopping without ticking the box “I agree with the General Terms of Service”by which Buyer confirms they have read and understood the General Terms of Service and agreed with them, andthe box “I am aware that order includes obligation of payment”. By clicking “Change items in the shopping cart”, Buyer can change products in the cart. If Buyer agrees to buy products in the cart, they can click the “Payment” button. Once Buyer places an order by clicking the “Payment” button, Seller will send the General Terms of Service to Buyer’s e-mail address along with order confirmation and order number confirming that Buyer’s order has been received and will be processed.
Seller will send to Buyer’s e-mail address a confirmation of the concluded contract of purchase and sale along with the confirmation that shipment has been sent, and shipment pick up instructions. If Buyer does not receive the ordered and paid products within 20 working days (Saturday, Sunday and non-working days excluded) from payment, or 20 working days (Saturday, Sunday and non-working days excluded) from the conclusion of the contract of purchase and sale with ‘cash on delivery’ as payment method, they are obliged to inform Seller via e-mail address email@example.com.
If Buyer does not receive purchase confirmation via e-mail within 72 hours, or cannot access the Service as specified in the e-mail, they are obliged to contact Seller at the e-mail address firstname.lastname@example.org.
In case that Hemp Fiume d.o.o., for any reason, is not able to deliver any of the ordered products, Buyer will be contacted via phone or e-mail by the employee of Hemp Fiume d.o.o. in order to agree on the delivery of a substitute product or possible cancellation of the ordered product.
Users or Buyers are obliged to become aware of the General Terms of Service before they start using the Websitehemp.hr owned by Hemp Fiume d.o.o. For any additional questions or ambiguities related to the General Terms of Service, Users can contact usat e-mail address email@example.com.
By accessing the Website or using any part of its content, User accepts the General Terms of Service, as well as all other terms and conditions of use of the Website and the services it provides. Users agree not to use the Website in a manner that could harm authors or third parties and accept all risks of using the Website and its services. If User does not agree with the above, they are obliged to stop using the Website and the services it provides.
The content of the Website is protected by copyright. Modification, borrowing, sale or distribution of content is only possible with prior written consent of Hemp Fiume d.o.o.
Hemp Fiume d.o.o. makes sure thatthe Website in used in the best waypossible. This includes: monitoring server performance, expanding capacity according to the number of users, customer support, and troubleshooting system errors and problems. It assumes no responsibility for any problems with the operation of the Website andservices. Hemp Fiume d.o.o. cannot guarantee that the use of the Website will be uninterrupted or error-free. User agrees that access to the Website may sometimes be interrupted or temporarily unavailable.
Users use the Website at their own risk. Hemp Fiume d.o.o. is not responsible for any damage User may suffer while using the Website. Authors and other natural or legal persons involved in the creation, production, and distribution of the Website are not responsible for any damage resulting from its use or inability of use.
Hemp Fiume d.o.o. reserves the right to deny access to the Website to User in case of assessing it is used inappropriately. Hemp Fiume d.o.o. reserves the right to deny access to the Website to anyone based on its own estimates. User is responsible for using the Website in a way that does not jeopardize the resources and services as a whole. Improper use of the Website is prohibited and shall result in a termination of access.
User is obliged to keep their user account information confidential and is fully responsible for all damage caused by unauthorized use of their user account.
Hemp Fiume d.o.o. reserves the right to change or amend the General Terms of Service at any time. Changes take effect on the day of publication on the Website. Continuation of access to the Website or use of any part of its content shall be considered a consent to the amended or supplemented General Terms of Service. Hemp Fiume d.o.o. advises you tocheck periodically the General Terms of Service to become aware ofeventual changes.
Hemp Fiume d.o.o. reserves the right to modify, supplement or discontinue any part of its business, including the Website or any part thereof,services, subpages or services provided through them at any time and without prior notice. The right concerned includes, but is not limited to, changes in the time of availability of content, availability of new data, methods of transmission, as well as the right to access or use the Website.
It is the duty and obligation of User to use the Website in accordance with positive regulations and general moral and ethical principles. Hemp Fiume d.o.o. has the right to control the content of the Website at all times in order to ensure compliance with the General Terms of Service and positive regulations. Amendments to the General Terms of Service are valid immediately upon publication on the Website.
PAYMENT AND DELIVERY
PRODUCT PRICE, PAYMENT METHOD,AND PRODUCT SHIPMENT
Buyer undertakes to pay for the ordered products by one of the following payment methods:
Credit or debit card – payment directly via the Internet, using the card payment service: Visa Electron, Visa GOLD, MasterCard, Maestro, Visa and Diners.
In case of credit card payment, general payment and e-banking payment, it must be made no later than the deadline specified in the e-mail confirming the conclusionof the contract.
Cash on delivery (upon receipt of shipment) – allows Buyer to pay the order amount to courier at the time ofdelivery. Payment by cash on delivery is made in cashexclusively, i.e. the amount cannot be paid by credit card.
Payment to account – the information required to make payment is sent to the e-mail address specified in order, including the account number to which Buyer should pay the amount of order. Buyer can makepayment using Internet banking or by paying at a bank branch, post office, FINA, etc. After receiving Buyer’s payment, the ordered products are sent to the address specified in order.
Purchase and sale contract is concluded at the moment of acceptance of Buyer’s offer and product is shipped to delivery service within 2-4 working days (Saturday, Sunday and non-working days excluded) of the receipt of payment of purchase price, except for cashondelivery payment.
If Buyer chooses cash on delivery as payment method, purchase and sale contract is concluded at the moment of acceptance of offer and product is shipped to delivery service within 2-4 working days (Saturday, Sunday and non-working days excluded) from concluding purchase and sale contract.
Product shall be delivered to Buyer on the territory of the Republic of Croatia within 2-4 working days (Saturday, Sunday and non-working days excluded) from the handover of product to delivery service.
Buyer is obliged to request the R1 invoice when fulfilling order.Subsequent requests will not be accepted.
If payment is made by bank transfer (transfer order or Internet banking), Buyer is obliged to use the payment details received from Seller via e-mail.
The agreed purchase price includes all taxes and duties and is expressed in Croatian kunaHRK.
BASIC INFORMATION ABOUT DELIVERY
Delivery is free for orders above 400 HRK for Buyers in Croatia.
We charge 30 HRK (including VAT) for deliveries that do not meet the condition of free delivery regardless of the weight of shipment anddistance to the place of delivery.
Hemp Fiume d.o.o. delivers order within the deadlines specified under “Products price, payment method, and products shipment”.
Delivery of products is done byHrvatskePošted.d. and other courier services with whom we have a contractual relationship.
Hemp Fiume d.o.o. checks the correctness of the ordered product before each delivery.
Delivery costs are covered in full by Buyer, unless otherwise stated on the Websitehemp.hr. Hemp Fiume d.o.o. delivers in the Republic of Croatia.
Buyers are obliged to pick up and inspect shipment in front of courier so as to avoid subsequent complaintsof possible shipment damage during delivery.
If Hemp Fiume d.o.o. is unable to deliver the ordered product, they shall inform Buyer accordingly. Buyer can cancel order or wait until the wanted product is available again. If Hemp Fiume d.o.o. is unable to deliver product within the agreed deliverydeadline, they shall notify Buyer accordingly, who is obliged to allow them a subsequent reasonable time to fulfill purchase and sale contract.
If Buyer does not pick up product or refuses to pick it up without a valid reason, Hemp Fiume d.o.o. reserves the right to claim the refund of handling, transportation and other expenses.
Buyer is obliged to check productfor any damage and advertise courier immediatelywhen picking up product, i.e.,refuse to pick up shipment with visible external damages.
hemp.hr shall, upon request for a refund or replacement, make reimbursement to User’s account or replace product with a new one within fourteen (14) days from the date of receipt of the returned product to warehouse.
In case that the replacement product is not in stock, refund is the only possible solution. The delivered products shall be returnedto Seller to the address: Hemp Fiume d.o.o., Stupari 26a, 51216 Viškovo. In case of a justified complaint, hemp.hrshall bear the cost of return.
User is obliged to return the delivered products in the condition in which they were delivered to them and in the original packaging (commercial packaging in which the goods were delivered) with the delivery note and invoice.
Hemp Fiume d.o.o. is liable for material defects of product until the moment of transfer of risk to Buyer (the moment of handing items over to Buyer ora third party designated by Buyer who is not carrier), regardless of whether Buyeris aware ofthe material defect. It is also liable for those material defects that occur after the transfer of risk to Buyer if these are the result of a cause that existed before. A defect that occurred within six months of the transfer of risk to Buyer is presumed to have existed at the time of the transfer of risk, unless Seller proves the opposite or the opposite arises from the nature of item or the nature of defect.
The defect is present in the following cases:
- if an item does not have the necessary properties for its regular use or for trade;if an item does not have the necessary properties for special use for which Buyer procures it, and which was known to Seller or must have been known; if an item does not have the properties and characteristics explicitly or tacitly agreed or prescribed;ifSeller handed over an item that is not identical to sample or model, unless sample or model have been shown for information purposes only; if an item does not have properties that otherwise exist in other items of the same type and which Buyer could reasonably expect because of the nature of item, especially taking into account public statements of Sellers, manufacturers, and their representatives about the properties of item (advertisements, item labeling, etc.).
Consumer is obliged to inform Seller of the existence of visible defects within two months from the day of discovering the defect and no later than two years from the transfer of risk to Consumer.
If, after receiving an item from Buyer, it turns out that an item has a defect that could not have been detected by the usual inspection when picking up an item, Buyer is obliged, under threat of loss of rights, to notify Seller of defect within two months from the day of discovering a defect.
Seller is not liable for defects that appear after one year passes from the item hand over. The rights of Buyer who informed Seller in a timely manner of the existence of a defect no longer exist after the expiration oftwo years, counting from the day of sending notice to Seller, unless Seller’s fraud prevented Buyer from exercising their rights.
If the existence ofmaterial defect is determined, Seller may have one of the following obligationsaccording tothe rules of the Civil Obligations Act:
elimination of defect, handover of another product without defect, reduction of price, termination of the contract. Rights based on material defect of an item are regulated by the Civil Obligations Act.
When Buyer is a legal entity, the rules on material defect prescribed by the Civil Obligations Act shall apply to them,particularly for the part in which material defect for legal entities is regulated differently than stated herein.
RIGHT TO UNILATERAL TERMINATION OF PURCHASE AND SALE CONTRACT
Consumer may unilaterally terminate the contract within 14 days without specifying a reason.
The period of 14 days begins to run from the day when product is handed over to Consumer or to a third party designated by Consumer, who is not carrier.
If Consumer orders several pieces of products to be delivered separately in one order, or if the goodsare delivered in several pieces or more shipments, the period of 14 days begins to run from the day when Consumer or a third party designated by Consumer, who is not carrier, is handed over the last piece or the last shipment of product.
If regular delivery of the goods is agreed over a certain period of time, the 14-day period begins to run on the day when the first piece or the first shipment of product is handed over to Consumer or a third party designated by the Consumer other than the carrier.
If Consumer is not informed of the right to terminate the contract, Consumer’s right to unilateral termination of the contract expires after 12 months from the expiration of the 14-day period.
If Seller has notified Consumer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract stops after the expiration of the 14-day period from the time Consumer received the notice.
In order for Consumer to be able to exercise the right to unilateral termination of the contract, they must inform Seller of their decision to unilaterally terminate the contract before the expiration of the 14-day period by an unequivocal statement sent by mail to: Stupari 26a, 51216 Viškovo – or by e-mail to: firstname.lastname@example.org in which they will state their name and surname, address, telephone number, fax number or e-mail address; Consumer may, at their own choice, use the attached example of the form for unilateral termination of the contract. A copy of the form for unilateral termination of the contract can be filled in electronically by Consumer by clicking the unilateral termination of the contract. Acknowledgment of receipt of the statement of unilateral termination of the contract shall be delivered by Seller to Consumer without delay via e-mail. In the event of termination of the contract, each party is obliged to return to the other party what they received under the contract. Except when Seller offers to pick up the goods returned by Consumer, Seller shall reimburse the payment only after the goodsare returned to them, or after Consumer provides the proof of sending the goods back to Seller if Seller was notified before the receipt of the goods. Seller is not obliged to reimburse the additional costs resulting from Consumer’s explicit choice of mode of transport other than the cheapest type of standard transport offered by Seller. Seller shall refund the payment using the same means of payment as those used by Consumer, unless Consumer explicitly agrees to another means of paymentassuming that Consumer is not obliged to pay any additional costs for such refund.
Unless Seller has offered to pick up the goods returned by Consumer, Consumer must return the goods without delay and no later than 14 days after notifying Seller of their decision to terminate the contract.
It is considered that Consumer has fulfilled their obligation to return the goods on time if they send the goods before the expiration of deadline or hands them over to Seller or person authorized by Seller to receive the goods.
All direct costs of returning a product are covered by Seller. Consumer is responsible for any impairment of the goods resulting from manipulation other than that necessary to determine the nature, characteristics, and functionality of product.
In order for Consumer to determine the nature, characteristics, and functionalities of the goods, they can manipulate and inspect the goods in a way that is common for the purchase of the goods at Seller’s premises. Buyer is not allowed to use the goods that they intend to return within 14 days, nor take any other actions that would impair the value of goods.
In the period in which Consumer exercises the right of return, they shall treat the goods with due care, i.e., behave like a particularly careful and conscientious person. In case of impairment of product resulting from manipulation of product, Seller shall be compensated from the amount of received purchase price in the ratio of impairment of the goods at its own discretion, taking into account the objective criteria of each particular case.
In order to make it easier for Consumer to draw up a written termination of the contract, the information form for unilateral termination of the contract can be found below; Consumer can fill it out and send to Seller’s address Stupari 26a, 51216 Viškovo or to the email address. Consumer can also fill out the termination of the contract by clicking the link indicated above.
The right to terminate the contract of purchase and sale is not allowed in cases in which:
the subject of the contractarecustom made goods;
the subject of the contractare sealed goods not suitable for return due to health or hygiene reasons that were unsealed after delivery; the subject of the contract arethe goods that were inseparably mixed with other items after delivery due totheir nature; Consumer specifically requested a visit from trader to perform urgent repairs or maintenance work provided that during such visit, in addition to the services that Consumer explicitly requested, trader provides other services or delivers goods other than those necessary to perform urgent repairs or maintenance work, in which case Consumer has the right to unilaterally terminate the contract in relation to these additional services or goods. When Buyer is a legal entity, the section of these General Terms of Service entitled “Right to unilateral termination of the contract” shall not apply. The Civil Obligations Act and the Electronic Commerce Act shall apply to legal entities.
CONSUMER NOTICE OF FILING A WRITTEN COMPLAINT
Pursuant to Article 10 of the Consumer Protection Act, Consumer can send all complaints by mail to the address Stupari 26a, 51216 Viškovo or by e-mail to email@example.com, or in person at the Seller’s business premises at the address – Stupari 26a, 51216 Viškovo.
In order for Consumer to receive a response from Hemp Fiume d.o.o. to their written complaint that was not sent by e-mail, Consumers are asked to provide accurate information about their name and address and the address to which they will be sent a response. The answer to Consumer’s complaint shall be given in writing no later than 15 days from the date of receipt of complaint. In the event of a dispute, Hemp Fiume d.o.o. and Consumer shall resolve dispute amicably, and if the same is not possible, it shall be brought to the competent court according to the headquarters of Seller’s company with the application of Croatian law. Disputes can be resolved before the Court of Honour at the Croatian Chamber of Commerce or other mediation centres.
Consumer disputes can be resolved through ODR platform of the European Commission (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN)
If Consumer accepts the General Terms of Service, they accept all other conditions listed on the Website and all other provisions listed on that Website. If Consumer does not agree with any part of the pre-contractual notice or the General Terms of Service, they are asked not to use the Website, nor conclude the contract of purchase and sale.
Hemp Fiume d.o.o. reserves the right to change these General Terms of Service without prior notice. The General Terms of Service comply with the laws of the Republic of Croatia.
If Buyer is a legal entity, the rules on Consumer protection prescribed by the Consumer Protection Act shall not apply.
The rules on written Consumer complaints shall not apply to legal entities to which the Civil Obligations Act and the Electronic Commerce Act apply.
Buyer is obliged to check product for any damage when picking up a product and report it tocourier immediately, i.e., refuse to pick up shipment with visible external damages.
Hemp Fiume d.o.o. shall, upon a request for refund or replacement, make reimbursement to User’s account or replace product with a new one within fourteen (14) days from the date of receipt of the returned product to warehouse.
In case that replacement product is not in stock, refund is the only possible solution. The return of delivered products is made by delivery to the address: Hemp Fiume d.o.o., Stupari 26a, 51216 Viškovo. In case of a justified complaint, hemp.hr shall bear the cost of return.
User is obliged to return the delivered products in the same condition in which they were delivered to them and in the original packaging (commercial packaging in which the goods were delivered) with the delivery note and invoice.
WARRANTY ANDSERVICE CONDITIONS
If a particular product has awarranty or is subject to the conditions of service, the same is stated in the description of that product. The rights from the warrantyinformation sheet can be practiced only if thewarranty information sheet and invoice are presented in the warranty period.