GENERAL TERMS AND CONDITIONS FOR CROATIAN CUSTOMERS
MOUTH AND FOOT PAINTING ARTISTS' PUBLISHING HOUSE, LLC
§ 1 General:
The Association of the Mouth and Foot Painting Artists, with the regional association's web site: http://www.vdmfk.com has the sales scheme that includes reproductions, greeting cards, artistic calendars etc. The available products are the presentation of the members' works of art.
The contractual partner of the Croatian customers is the Mouth and Foot Painting Artists' Publishing House, LLC (hereinafter: the “Publishing House”). The following General Terms and Conditions, in the version applicable at the time of placing the order, are the sole governing document for the Publishing House-Customer business relationship. The discrepant General Terms and Conditions of the customers are not applicable.
The customer is obligated to provide the true and complete information, as requested in the order form (name, address, e-mail, credit card number etc.). The damage incurred due to the inaccuracy of such information will be the client's liability.
Orders may be placed only by persons over 18 years of age. By placing the order, the client represents that he/she is of legal age and legally competent.
The Publishing House will not assume the liability for potential printing errors or errors in the online-shop provided information, made due to ordinary negligence.
The Publishing House has the authorization/powers to change, at any time, its General Terms and Conditions or to amend them based on the new legal circumstances. From that moment on, they will be valid for the new contractual partners.
§ 2 Entering into the Contract:
The products on the online-shop list are not for sale, but are only an invitation to the customer to place a bid (invitatio ad offerendum). Bids may be submitted via order forms available in the online-shop.
The information relating to the order placing procedure is found under Menu, point „Help“.
The customer's bid will be considered accepted upon a direct delivery, i.e., the goods handover to the forwarding agent /post office.
The customer bids will be accepted only according to the actual prices and conditions, as applicable from time to time.
The said prices are in Euro, including the postal fees and mailing expenses, transport and delivery cost as well as the pertaining amount of the value added tax (VAT).
The prices do not include the potential import duties such as customs duty, i.e., the imported goods tax, and these are borne by the customer.
By entering into the Contract the customer represents that he/she accepts these General Terms and Conditions, which are binding for the customer.
The Publishing House does not warrant that all the online-shop offered products are available for delivery at any time. If one or several ordered products cannot be delivered, the Publishing House will notify without delay the customer of such circumstances.
§ 3 Delivery, Transport, Delayed Takeover, Risk Transfer:
The Publishing House will deliver the ordered goods by transport means at its own choice, at the registered office, i.e., the customer residence. The Publishing House reserves the right to the partial delivery if such delivery, as the case may be, is acceptable to the customer. The order non-acceptance notice or the notice concerning the inability to provide the service is to be sent without delay, with the reimbursement of the potentially made payments.
The Publishing House will process the customer’s order at the latest 30 days after the date following the order forwarding date.
Upon the handover to the carrier, the accidental loss risk will be transferred, in any event, unto the customer. This applies even if in the case of a partial delivery. Upon the handover to the carrier, the Publishing House will be free from the obligation, and the transport is at the customer's risk.
If the customer hasn't received the ordered product according to the contract (the delayed takeover), the Publishing House is authorized to charge the incurred damage in the appropriate manner.
§ 4 Retention of Title:
Until the full payment of the price and of other incidental expenses, the title on the delivered products will be held by the Publishing House.
§ 5 Customer Obligations:
During the contractual relationship, the customer is obligated to notify the Publishing House without delay of the changes in the information relating to persons/entities. The legally relevant statements will be considered as delivered to the Customer, if sent to the latest notified address, in the event of no address change notices.
§ 6 Return/Withdrawal:
The Customer may withdraw from the Contract entered into for the remote sale purposes or from the contractual statement made for the remote sale purposes, by written notice, without indicating the reasons (e-mail, letter, fax) or by returning the goods. The term for the withdrawal from the Contract is 7 business days and Saturday is not considered to be a business day. The term in the case of the goods delivery contract will start running on the date of the goods are delivered to the Customer. It is sufficient to send the withdrawal notice within the set time period.
Consequences of Recall
In the event of a legally valid recall the mutually received performance/payments must be returned/reimbursed according to the simultaneous completion principle, which applies also to any potential use of the goods. If the Customer is unable to return completely the received goods or is able to return it only partially or in a deteriorated condition, it will be obligated to pay the damages for the depreciated normal value of the product. The above shall not be applied in case of surrendering goods if the deterioration of goods is due exclusively to the inspection of the same
The Customer is obligated to bear the reimbursement expenses if the delivered goods are corresponding to the order.
§ 7 Defects Liability:
The Publishing House does not provide warrants for small discrepancies in the delivered goods, in comparison to the listed goods. In the case of reproductions, greeting cards, artistic calendars and other printed products, small discrepancies from the production/technical, i.e., printing/technical aspect cannot be completely avoided, in terms of the shade of color compared to the samples, in terms of format, paper, material and surface quality. Such discrepancies do not give rise to the claim rights.
Within two weeks after the receipt of the goods, the customer is to provide a written notice concerning the insufficient deliveries and evident defects.
In the event of the customer's timely notice to the seller relating to the defect, he/she may request the repair or replacement, unless such repair or replacement are impossible or if they could incur the disproportional and excessive costs to the Publishing House. In that case the customer may request the appropriate reduction of the purchase price or–if it is not a minor defect– in the event of a failed removal of the defect – the Contract termination. The same applies if the Publishing House does not take actions for the repair or replacement or does not act in the appropriate time period, if such actions are associated with major inconveniences for the customer or if they are unacceptable to the customer due to justified reasons that are the Publishing House's liability.
§ 8 Exclusion of Liability:
The Publishing House’s liability is limited to the legally permitted limits such that the Publishing House is liable only for the intentionally incurred damage or for the damage incurred due to gross negligence. There is no damage compensation obligation of the Publishing House that exceeds such limits, except in the case of personal damage. The liability in the event of Force Majeure, consequential damage and loss of profit is also excluded.
§ 9 Payment:
Payments are made exclusively via credit cards (VISA & Eurocard/Mastercard).
Small discrepancies in the Customer credit card calculations are possible (depending on the current daily exchange rate).
§ 10 Competent Court:
With the exception of the court jurisdiction prescribed according to the Consumer Protection Act, for the rights and obligations defined in the contractual relationship, the Publishing House and the Customer will accept the exclusive jurisdiction of the competent court in rem in Zagreb.
§ 11 Contract Language according to the Electronic Trade Act:
The online-shop services are currently available in eleven languages: German, English, French, Spanish, Czech, Croatian, Italian, Hungarian, Polish, Slovenian and Slovakian.
Croatian customers have the option to enter into the contract in Croatian and in English.
§ 12 Governing Law:
The Croatian law is applied with the exclusion of the foreign law collision standards and the UN Convention on Contracts for the International Sale of Goods.
§ 13 Additional Agreements:
The additional agreements must be in writing, and the same applies in the case of a discrepancy from the written form.
§ 14 Severability:
If the individual provisions of these General Terms and Conditions are or become invalid this will not affect the validity of the remaining provisions. The provision that has been found null and void will be substituted by the valid and closely corresponding provision, in terms of the meaning and purpose, without a disproportional detrimental impact on either party.
§ 15 Miscellaneous:
The Publishing House will treat all the information as confidential. No information will be sold or assigned to third parties. All information relating to the persons will be protected by codes. The credit card data entries will be transmitted through the separate security server (SSL- server).
Company: Izdavačka kuća umjetnika koji slikaju ustima i nogama d.o.o. (USUN) (The Mouth and Foot Painting Artists' Publishing House, LLC)
Company Tax Id. No.: 1870297
Address: Remetinečka cesta 5A, 10020 Zagreb
Tel.: 00385/1/6526 851