Terms and conditions
GENERAL TERMS AND CONDITIONS
BASIC INFORMATION ON THE SELLER
Name: MEDIA VAL d.o.o. za marketing i poslovne usluge
Abbreviated name: MEDIA VAL d.o.o.
Seat: Zagreb (City of Zagreb), Vukovarska 269D
Office address: Vukovarska 269D, Zagreb
The company is registered in the court registry of the Commercial Court in Zagreb under the registration no. Tt-18/20732-2
Commercial bank and IBAN of giro account: Zagrebačka banka d.d. Zagreb, Trg bana Josipa Jelačića 10, HR1023600001102694153
Personal Identification Number (OIB): 81877196963
Company Registration Number (MBS): 080380483
Company Members: Ivica Hubzin, Mario Aunedi Medek, Marko Propadalo, Bernard Mihaljević, Mario Dukarić
Authorised Representatives: Mario Aunedi Medek, Ivica Hubzin, Marko Propadalo
Phone number: +385 1 63 97 766
E-mail address: firstname.lastname@example.org
The consumer, as a buyer, concludes a sales agreement with MEDIA VAL d.o.o. za marketing i poslovne usluge, Budmanijeva 5/2, Zagreb, (hereinafter: MEDIA VAL d.o.o.) as the seller.
The legal entities, as buyers, are subject to the application of the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act shall not apply. These General Terms and Conditions shall apply to legal entities in the section relating to the price and mode of payment, main product features, agreement conclusion procedure, description of the mode and costs of delivery, general information, liability disclaimer, as well as the moment of conclusion of the agreement. The seller may, at its own discretion, grant the legal entity the rights of the buyer as a consumer in any specific case.
The conclusion of a sales agreement through www.priceless.hr website shall be regulated in accordance with legal provisions, taking into account the principles and provisions of EU directives in particular. The conclusion of a sales agreement through www.priceless.hr website shall represent conclusion of a distance agreement.
These General Terms and Conditions shall also represent a pre-contractual notification and relate to the conclusion of a sales agreement if the buyer consumer, i.e. any natural person concluding a legal transaction or being active on the market beyond their commercial, business, craft or professional activities, and if the agreement is being concluded between the trader and the consumer within the context of an organised system of sales or service provision without the trader and consumer being present in once place, whereby one or more means of remote communication is used up to and for the conclusion of the agreement.
The means of remote communication are those that may be used for the purpose of concluding a distance agreement, such as the Internet and e-mail, without the trader and consumer being simultaneously present.
The content of www.priceless.hr website shall be available in Croatian and English.
The official language for the purpose of conclusion of sales agreements shall be Croatian.
MAIN PRODUCT FEATURES
The buyer shall become informed about the main product features at www.priceless.hr. A product shall mean any goods and services, including real estate, rights and obligations.
MEDIA VAL d.o.o. retains the right to amend information, including product prices and promotional offers on its site without prior notice.
Product images shall be accompanied by descriptions of the main product features and their prices including VAT.
The prices, terms of payment and promotional offers are valid exclusively at the moment of placement of an order and/or payment.
AGREEMENT CONCLUSION PROCESS
A purchase shall be made at the website of MEDIA VAL d.o.o. www.priceless.hr by filling out a provided form. The buyer shall be required to enter all the requested information in the form. The purchase shall be executed after the buyer has confirmed to have previously read, understood and consented to the General Terms and Conditions and that the buyer is aware that the order requires a payment. Purchases are possible 24 hours a day, 7 days a week. MEDIA VAL d.o.o. shall not be liable for the expenses incurred in relation to use of computer equipment and telecommunication services to access the service. The buyer shall receive order confirmation notification by e-mail.
If MEDIA VAL d.o.o. should, for any reason, be unable to deliver any ordered product, a MEDIA VAL d.o.o. employee shall contact the buyer by phone or e-mail to arrange delivery of a substitute product or possibly cancel the order for the product.
A product purchase on the behalf of a minor or a person deprived of legal capacity (fully or partially), may be requested solely by their legal guardians.
A purchase is made by ordering available products selected by the buyer on the basis of a photograph and a basic description. The photographs are illustrative and may not always correspond to the products available in all details. The purchase is made in a few simple steps in the comfort of the buyer’s home, from anywhere in the world.
Product searches can be conducted according to different criteria. Entering a certain term in the “Search” field shows products related to the term indicated. The buyer may select a certain product the buyer is interested in and read the product description available in order to independently decide whether a product meets his/her needs. The buyer shall select the products from the catalogue organised by product delivery location, e.g. Croatia, Paris, etc.
Products are ordered electronically. By clicking the “Buy” icon, a window is opened where the buyer enters his/her name, surname, e-mail, card holder address, street, town/city, postal code, country. The buyer selects a period in the provided calendar to indicate when the buyer wishes to use the product. An unavailable date cannot be selected. By clicking “Buy”, a pop-up window is opened, containing a credit card information form. Payment is only possible using a Mastercard card. After the transaction is completed, the web shop shall display a message confirming its successfully completion.
The buyer shall receive an e-mail confirmation on the amount charged to his/her credit card, fiscal receipt and order confirmation containing a voucher. You will also receive the General Terms and Conditions in a PDF file.
If the buyer fails to receive an e-mail confirmation within 72 hours or if it is impossible to access the service in the manner described in the e-mail, the buyer is required to contact the seller via e-mail at email@example.com or by telephone at +385 1 63 97 766 every work day from 9 am to 4 pm.
If MEDIA VAL d.o.o. is, for any reason, unable to deliver any of ordered products, a MEDIA VAL d.o.o. employee shall contact the buyer by phone or e-mail.
In cases of problems or if anything is unclear when placing an order the buyer may contact MEDIA VAL d.o.o. by e-mail at firstname.lastname@example.org or by telephone at +385 1 63 97 766 every work day from 9 am to 4 pm.
PRODUCT PRICE AND METHOD OF PAYMENT
The buyer undertakes to pay for the ordered products only using a Mastercard card.
The contract purchase price include all taxes and contributions and it is shown in Croatian kuna. The price in euros is shown in addition to the price in shown in Croatian kuna. You are cautioned that the legal tender in the Republic of Croatia is the Croatian kuna, and the buyer shall cover any currency conversion costs.
DESCRIPTION OF THE METHOD OF PRODUCT DELIVERY
Any order made with MEDIA VAL d.o.o. shall be delivered within the time limit indicated next to the product.
Users, i.e. buyers are required to familiarise themselves with the General Terms and Conditions of the website www.priceless.hr before using it. If users have any questions or inquiries related to these General Terms and Conditions, users can contact us by e-mail at email@example.com.
The website content is copyright-protected. The content may only be modified, borrowed, sold or distributed upon a prior written permission from Mastercard Europe SA (hereinafter: Mastercard).
Mastercard facilitates use of the website in the best possible manner. This includes: monitoring server functioning, expanding the capacity according to the number of users, user support and repair of any errors and issues in operation of the system. Mastercard shall not be liable for potential problems in the functioning of the website and the services. Mastercard cannot guarantee uninterrupted and error-free use of the website. The User consents that the access to the website may sometimes be interrupted or temporarily unavailable.
Users use the website at their own risk. Mastercard shall not be liable in any way for any damage incurred by the users during the use of www.priceless.hr website. Authors and other natural or legal persons involved with the creation, production and distribution of www.priceless.hr website shall not be liable for any damage incurred as a result of the use or inability to use of the website.
Mastercard retains the right to deny the users access to www.priceless.hr website if it finds out that it is being used inappropriately. Mastercard retains the right to deny access to www.priceless.hr website to anyone on the grounds of its own assessment. The user undertakes to use www.priceless.hr website in a manner that does not compromise resources and services as a whole. Improper use of www.priceless.hr website is prohibited and shall result in denial of access to it.
Users are obligated to keep the information on their user account confidential, and are fully liable for any damage incurred through unauthorised use of their user account.
Mastercard retains the right to amend the General Terms and Conditions at any moment. The amendments shall take effect on the day of publication at www.priceless.hr website. Continuing to access the website or to use any of its content shall be considered as consent to the amended General Terms and Conditions. Mastercard recommends periodic verification of the General Terms and Conditions to become acquainted with any amendments.
Mastercard retains the right to amend or abolish any part of its business activities at any moment and without prior notification, which includes the website and any of its sections, support, subpages or services it provides. The above right includes, but is not limited to, changing the time period of content accessibility, the accessibility of new information, mode of transfer, as well as the right to access or use the website.
Users are obligated to use the website in accordance with the applicable regulations and general principles of moral and ethical conduct. Mastercard holds the right to control the website content at any time in order to enforce compliance with the General Terms and Conditions and applicable regulations. Any amendments to the General Terms and Conditions shell enter in force upon publication at www.priceless.hr.
MEDIA VAL d.o.o. (hereinafter: the seller) shall be liable for substantive defects of products until the moment the risk has been transferred to the buyer (the moment of handover of the items to the possession of the buyer or a third party designated by the buyer, not including the transport service provider), regardless of whether the buyer is familiar with the substantive defect. Moreover, it shall also be liable for substantive defects that occur after the risk has been transferred to the buyer if such defects are a result of a previously existent cause. A defect occurring within six months from the moment the risk was transferred to the buyer will be presumed to have existed at the moment of risk transfer, unless proven contrary by the seller or by the nature of product or defect. A defect exists:
if the item does not have the features required for its normal use or to be traded;
if the product does not have the features required for the particular purpose for which it is purchased by the buyer and which was known or ought to have been known by the seller;
if the product does not have the features and qualities expressly or implicitly contracted/prescribed;
when the seller has handed over the product which does not correspond to a sample or model, unless the sample or model had been shown merely for informational purposes;
if the product does not have the features which are normally found in other items of the same type and which might have been reasonably expected by the buyer especially considering public representations by the seller, the manufacturer and their representatives on the item’s features (advertisements, item labelling etc.).
The consumer is required to inform the seller on the existence of visible defects within two months form the date the defect was discovered, but no later than within two years after the risk was transferred to the consumer.
When a product is revealed to possess a defect that could not have been detected by a regular inspection upon product handover, the buyer is required, under the pain of loss of rights, to inform the seller about the defect within two months from the date the defect was discovered.
The seller shall not be liable for any defect detected two years after the handover of the item. The rights of the buyer who informed the seller about the defect in a timely manner expire two years after the date the information was transmitted to the seller, unless the buyer was prevented from exercising the rights by deception/fraud by the seller.
If a substantive defect is detected, the seller may have one of the following obligations, in accordance with the Civil Obligations Act:
eliminating the defect;
delivering a defect-free replacement product;
Rights in cases of substantive product defects are regulated by the Civil Obligations Act.
In the cases where the buyer is a legal entity, the regulations on substantive defects as stipulated by the Civil Obligations Act apply, especially in the section regulating substantive defects for legal entities in a manner differing from the one indicated in these General Terms and Conditions. In these cases, the Civil Obligations Act applies.
BUYER HOLDS NO RIGHT TO AGREEMENT TERMINATION
The right to termination of the purchase agreement is withheld in the following cases:
the trader completely fulfilled the service agreement, and the fulfilment was initiated with the express prior consent of the consumer and consumer’s confirmation of understanding the fact the right to a unilateral agreement termination from this section shall be withheld if the service is completely executed
the subject of the agreement are goods or services the price of which is dependent on changes in the financial market beyond the influence of the trader, which may occur during the duration of the rights of the consumer to a unilateral agreement termination
the subject of the agreement is providing the service of accommodation, transport of goods, vehicle rental, delivery of food and drink or services related to leisure, if the service was contracted to be delivered on a specific date or within a specific time period.
AGREEMENT TERMINATION FOR OTHER SERVICES
The consumer may unilaterally terminate the agreement within 14 days without any statement of reasons, in accordance with the Consumer Protection Act.
In the case of concluding a service agreement and in the case of concluding an agreement the subject of which is digital content not delivered on a physical medium, the time limit for a unilateral agreement termination is counted from the date of conclusion of the agreement.
The buyer’s request for performance of a contract service prior to the time limit of 14 days from the date of conclusion of the agreement must be expressly stated.
If the buyer unilaterally terminates the agreement after the buyer explicitly requested commencement of provision of the service before expiration of the time limit for a unilateral termination of the agreement, the buyer is obligated to pay the trader a part of the contracted price proportional to what the trader provided to the buyer until the moment the buyer has been notified on the exercising of the right of the buyer to a unilateral agreement termination, whereas the proportional amount that the buyer should pay shall be calculated on the basis of the total contracted price, and, if that price should be inordinate, based on the market value of what the trader delivered to the buyer.
When the buyer is purchasing the service, the buyer must give express consent to the seller for the performance of the contract service prior to the expiration of the 14-day time limit for unilateral termination of the agreement. The seller may not commence perform of the service prior to the expiration of the 14-day time limit from the date the purchase agreement was concluded without having received said express consent. The consumer has no right to terminate the agreement when the service has been fully delivered, and its performance was initiated with his/her express prior consent and his/her confirmation of understanding the fact the right to a unilateral termination of the agreement shall be forfeited if the service is fully performed.
All rights related to agreement termination are regulated by the Consumer Protection Act, and you shall be afforded all the rights guaranteed and prescribed by the law.
Where the buyer is a legal entity, this section of the General Terms and Conditions under the heading of “Agreement Termination for Other Services” shall not apply. For legal entities, the Civil Obligations Act and the Electronic Commerce Act shall apply.
NOTIFICATION ON THE MODE OF SUBMITTING COMPLAINTS IN WRITING
Pursuant to Article 10 of the Consumer Protection Act, the buyer may mail complaints to MEDIA VAL d.o.o. Budmanijeva 5/2, 10 000 Zagreb, or e-mail them to firstname.lastname@example.org. In order for MEDIA VAL d.o.o. to reply to the buyer’s complaint not submitted by e-mail, the buyers are requested to indicate correct information on the buyer’s name and surname and address for delivery of the reply. MEDIA VAL d.o.o. must legally submit a reply to the complaint in writing within 15 days from the date of the receipt of the complaint.
In the case of any disputes, MEDIA VAL d.o.o. and the buyer shall resolve it amicably, but If that is impossible, the Zagreb Municipal Court shall have the jurisdiction to resolve it and the Croatian law shall apply. Disputes may be settled before the Court of Honour with the Croatian Chamber of Economy or other mediation centres.
Consumer disputes may be resolved via the ODR platform of the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.
If the buyer agrees to the General Terms and Conditions, the buyer shall also agree to all other conditions indicated at www.priceless.hr, as well as any other provisions indicated at the website. If the buyer does not agree with any one of the sections of the pre-contractual notification or the General Terms and Conditions, the buyer is requested not to use pricelesscroatia.mccann.hr website nor conclude the a purchase agreement.
MEDIA VAL d.o.o. retains the right to amend these General Terms and Conditions and regulations without prior notice. These General Terms and Conditions comply with the legislation of the Republic of Croatia.
If the buyer is a legal entity, the regulations on consumer protection as stipulated by the Consumer Protection Act shall not apply.
The regulations on submission of a complaint in writing shall not apply to legal entities, where the relevant legislation is the Civil Obligations Act and the Electronic Commerce Act.