AGREEMENT TO TERMS
These General Terms and Conditions of Business and Online Store Sales (hereinafter: General Terms and Conditions) govern the relations between the company COS-CHEM d.o.o., Podgaj 2, 10000 Zagreb (hereinafter: Trader or Seller) and the Customer regarding the sale of products on the website https://fraktalbeauty.com (hereinafter: Online Store) and contain general information about products, the terms and conditions of retail sale of those products in the Online Store, as well as information required to conclude a distance purchase and sale contract. FRAKTAL BEAUTY is a trademark owned by the Trader. These General Terms and Conditions have been drawn up in accordance with the current regulations under Croatian law, in particular the Consumer Protection Act and the Civil Obligations Act. The aim and purpose of these General Terms and Conditions is to regulate the product ordering procedure, product prices, payment terms, product delivery terms, the consumer complaint submission methods, the right to a unilateral termination of the distance purchase and sale contract, the language of the contract, the applicable law, the right of the Customer to submit a written complaint and alternative dispute resolution for consumer disputes. The Customer is obliged to carefully read all of the terms and conditions as listed below. By ordering the product, the Customer confirms the acceptance of these General Terms and Conditions as an integral part of each purchase and sale contract concluded between the Trader and the Customer in the Online Store. These General Terms and Conditions are available to service users at all times, and they may store them, reuse and reproduce them. These General Terms and Conditions constitute the rules of conduct in accordance with which the Seller, as a trader, undertakes to act in its business practices.
THE TRADER / SELLER INFORMATION
Name: COS-CHEM d.o.o., Podgaj 2, 10000 Zagreb, Republic of Croatia Telephone number: + 385 (1) 467 33 47, + 385 (1) 467 33 48, + 385 (1) 467 33 49 E-mail: firstname.lastname@example.org VAT NUMBER: HR29962196320 / PIN: 29962196320 / company number: 0305022 Entered in the court register of the Zagreb Commercial Court under company registration number: 080219813 with the share capital of HRK 23,000.00, paid in full. The management of COS-CHEM d.o.o.: Tea Višek, Director Account information of COS-CHEM d.o.o.: ERSTE&STEIERMÄRKISCHE BANK D.D. Jadranski trg 3A, 51000 Rijeka, Croatia, IBAN: HR0524020061101003385, SWIFT: ESBCHR22. The Trader acts on its own behalf in sales carried out via the Online Store https://fraktalbeauty.com.
Within the meaning of these General Terms and Conditions, a Customer is any natural or legal person who orders and pays for products sold by the Trader in the Online Store. A adult having legal capacity may be a Customer. The purchase of products in the name and on behalf of minors and persons without legal capacity may be requested only by their legal guardians.
MANNER OF COMMUNICATION
Communication between the Trader and the Customer regarding the sales of products in the Online Store shall be conducted entirely by electronic means, unless otherwise stipulated in these General Terms and Conditions. The Customer shall accept that all contracts, notices, replies to complaints and objections, confirmations of receipt of a unilateral termination of the purchase and sale contract and other content be delivered to them electronically with the same effect as if those were made in writing and delivered by non-electronic means.
LANGUAGE OF COMMUNICATION
All documents created by the Trader shall be available in English and Croatian, depending on the language selected by the Customer as the language of communication. The Customer shall select the language of communication upon ordering. In the event of different interpretations or divergence between the English and the Croatian version, the Croatian version shall prevail.
The distance purchase and sale contract shall be governed by Croatian law, which shall also apply to the protection of the Customer’s personal data as a consumer, the alternative dispute resolution for consumer disputes, dispute resolution for other disputes between the Trader and Customer, as well as with respect to all rights and obligations arising from the relationship between the Trader and Customer. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Pursuant to Article 60 of the Consumer Protection Act, the Trader shall list the main features next to the product image for each product on offer in the Online Store, along with the retail price. The Trader shall make its best efforts to keep the information in the Online Store up to date and accurate, but cannot guarantee 100% accuracy of all displayed product information; in exceptional cases, differences between the actual information and the information available on the website are possible. The Trader reserves the right to errors in the product description and images, as well as in displaying prices, product availability and/or the availability of discount or benefit codes. In the event of an error, the Trader shall review the order and contact the Customer to agree on an alternative order. The Customer may send questions about products to the following e-mail address: email@example.com.
The Customer shall pay the products at the price and under the terms of payment indicated at the time of their order. The price of the product and terms of payment are subject to change and may change without prior notice. Customers who are residents of the Republic of Croatia pay the price in the official currency of the Republic of Croatia, all other Customers pay the price in Euros. VAT is included in the retail price of the product regardless of the currency of the liability. All products available in this Online Store shall remain the property of the Seller until the full payment of the purchase price.
The Customer shall make a one-off payment for the products (no installment payments) using PayPal or the following cards: – Visa – Mastercard – Diners – Discover. Card payments shall be made online through the CorvusPay system. Card and cardholder data shall not be stored by the Seller; instead, the credit card number shall be verified and authorised directly in the authorisation centre of each card company (the Seller shall not come into contact with the card information and shall not be responsible for its storage and transfer). The CorvusPay system is secured by a high-level SSL encryption (256-bit encryption). 3D Secure is an advanced authentication system based on customer identity verification using SSL/TLS technologies. The 3D Secure Customer authentication does not constitute an additional obligation for the Seller during the activation and use of card payments, as it takes place on the card issuer’s side to which CorvusPay transmits the customer data for additional identity verification. The Customer enters the requested data into the website form of the bank that issued the card, to confirm their identity using a token or a password. The exchange of confidential information takes place over a secure connection, only between the cardholder and the bank that issued their card. Card information is not stored in the system of this Online Store. The Customer is instructed and warned not to enter information about their cards or any other sensitive information anywhere other than in the designated field, i.e. not to send such information via e-mail and not to make it available in another similar manner.
ORDERING, DELIVERY TERMS, DELIVERY COSTS AND COSTS OF USING MEANS OF DISTANCE COMMUNICATIONS FOR CONTRACT CONCLUSION
Ordering products in the Online Store is possible 24/7. The Customer may order products as an unregistered or registered user. The Customer can register by creating a user account with a user name and password, and shall be responsible for all activities and orders made under their username. Registration is free. The Customer shall be responsible for the accuracy and completeness of information entered during registration, as well as during ordering. When the Customer places an order, they shall receive an e-mail with an order confirmation containing information about the order, the delivery address, delivery price, payment method, price(s), the Trader’s contact information and order information required by law. Along with the order confirmation, the Customer shall receive General Terms and Conditions and the Notice of the Right to Unilateral Contract Termination, whose integral part is the Form for Unilateral Contract Termination. All products listed in the Online Store shall be available in the Trader’s warehouse, but they may be available for order in limited quantities. If a specific product is not available at the time of the order, the Customer shall be notified and offered the most similar replacement product or a refund of the amount paid. The Trader shall deliver purchased products exclusively in the territory of EU Member States using a delivery service chosen by the Trader, to the Customer’s address or the address specified by the Customer as the delivery address. The delivery costs shall be paid by the Customer. The Trader shall calculate the delivery costs during the ordering process so that the Customer is aware of the costs prior to payment in the Online Store purchase process. The time required for delivery is from 1 to 7 working days of the selected delivery service, depending on the delivery address, which information the Seller shall convey to the Customer for each individual order in the Online Store purchase process. The speed of the delivery may deviate from the usual speed during holidays, non-working days, during major sales (Black Friday) and in similar circumstances in which delays and late deliveries are possible. The Seller shall not be responsible for delivery delays caused by the work of the delivery service, especially during periods of increased shipping (e.g. Black Friday, December). If the Customer wants delivery on a specific date, within the aforementioned period, the date must be indicated in their note with the order. The Customer can track the shipment using the tracking number, of which they will be notified by e-mail. The Trader shall organise the delivery for products ordered and paid in the period from Monday to Friday at 2:00 p.m. on the same day, except in cases of the aforementioned deviations. If required by the circumstances, the Trader may refuse to conclude a contract, deny delivery or cancel the order based on its own discretion, without limitation and without specifying a reason, with the full refund of the paid amount to the Customer without delay. The Trader shall not charge for access to, browsing or shopping in the Online Store; however, additional costs may arise for the Customer for accessing the internet and using remote data transmission, the awareness of which is confirmed by the Customer by accepting these General Terms and Conditions. The Customer shall bear the costs of using means of remote communication to enter into a remote contract and buy products in the Online Store (the costs of a computer, tablet, mobile device, phone, etc., internet costs, electricity and other costs associated with the use of means of remote communication).
PACKAGE DAMAGE IN DELIVERY AND PRODUCT REPLACEMENT DUE TO PRODUCT DELIVERY ERROR
Upon pick up of the delivery, the Customer is obliged to check for possible external damage to the shipment, i.e. the package and immediately lodge a complaint with the delivery person in the event of such damage. If major external damage is visible on the shipment, the Customer is obliged to refuse such a shipment and contact the Seller to check the condition of the shipment and send a new one. In that case, the Customer shall not bear the costs of the new shipment. If a product has been delivered that the Customer did not order (error in product delivery), the Customer shall contact the Seller by e-mail within three days of the receipt of the shipment, to the e-mail address firstname.lastname@example.org, in order to reach an agreement on the replacement of product or the return of the erroneously delivered product and the deliver of the ordered product(s). The delivery for product replacement shall be borne by the Seller.
INVOICE / CONFIRMATION OF CONCLUDED CONTRACT
The invoice received by the Customer with the ordered products constitutes a confirmation of a concluded purchase and sale contract.
The contract concluded between the Customer and the Trader is a one-time distance purchase and sale contract which shall be fulfilled by the delivery of the product and payment by the Customer.
LIABILITY FOR MATERIAL DEFECTS
The Trader shall be responsible for material defects of items sold in the Online Store in accordance with the applicable regulations of the Republic of Croatia, in particular the Civil Obligations Act, under certain restrictions prescribed in these General Terms and Conditions with regard to the type of product. The consumer Customer shall inform the Seller about the visible defect in the purchased product no later than within two months from the day when the consumer Customer found the defect, and no later than within two years from the transfer of risk to the consumer Customer. The Seller shall not be responsible for a material defect that arises after two years from the day when the possession of the product was transferred to the Customer. Depending on the type of product (cosmetic products and other products with a limited time of use), the Seller shall not be responsible for a material defect of a product which arises within the aforementioned two-year time limit, if the defect arises as a result of the expiration of the product. If necessary, the Customer shall deliver the product with the alleged material defect to the Seller in order for the Seller to verify the validity of the complaint. If the complaint is well-founded, the Seller shall compensate the Customer for the costs of product delivery in the amount corresponding to the usual costs of the delivery service used by the Seller for the delivery of the purchased products to the Customer. If the complaint is not well-founded, the Customer shall bear the additional costs of returning the tested products back to the Customer. If, upon the consumer Customer’s complaint, the Trader determines that the purchased product has a material defect claimed by the consumer Customer, the repair or replacement of the product shall be borne by the Seller. During repair or replacement, the Customer is obliged to make the product available to the Seller and the Seller is obliged to pick up the product and bear the costs of the pick up. If the Seller does not remove the defect, the Customer shall have the right to request a price reduction or terminate the purchase and sale contract.
SUBMISSION OF CONSUMER COMPLAINTS
Pursuant to Article 10 of the Consumer Protection Act, the Customer may submit a complaint in writing to the address of the registered office of the company COS-CHEM d.o.o., Podgaj 2, 10000 Zagreb, or to the e-mail address: email@example.com. The Trader shall confirm the receipt of the complaint without delay to the Customer’s e-mail address used to send the complaint (or another e-mail address specified by the consumer in the complaint). If the Customer sent the complaint in writing to the address of the registered office, the Trader shall confirm the receipt of the complaint without delay to the Customer’s e-mail address known to the Trader, and if the Customer’s e-mail address is not known to the Trader, to the address specified by the Customer in the complaint. The Trader shall deliver the reply to the complaint within 15 days from the day of receipt of the complaint, to the address used to confirm the receipt of the complaint. The Customer is obliged to specify the following in the complaint: first and last name and e-mail address for reply delivery if it differs from the e-mail address used to send the complaint, and shall express their dissatisfaction with the purchased product or the Trader’s business practices.
CUSTOMER’S RIGHT TO UNILATERAL TERMINATION OF CONTRACT
The Customer, who is a consumer, shall have the right to unilaterally terminate a distance contract, without providing reasons, within 14 days. The 14-day period shall begin to run when the consumer or a third party designated by the consumer, who is not the carrier / the delivery service, receives the product(s) that are the subject of the purchase and sale contract. The consumer shall not have the right to a unilateral termination of the contract under Article 86 of the Consumer Protection Act if:
- the purchased products have been opened or opened and used, because they can no longer be resold/reused for health and hygiene reasons
- the subject of the contract are goods liable to deteriorate or expire rapidly, i.e. if the Customer has purchased products for which he was informed that they were about to expire (usually, but not necessarily, at more favourable prices), the Customer shall not have the right to a unilateral termination of the distance purchase and sale contract, i.e. the contract concluded through this website.
The consumer Customer shall return the products without delay and no later than within 14 days from the day when they unilaterally terminated the purchase and sale contract (notified the Trader that they were terminating the purchase and sale contract). When returning products that are the subject of the terminated contract, the Customer is obliged to package the products appropriately; otherwise, the Customer shall be responsible for any damage that results from improper packaging during transport or delivery to the Seller (e.g. if the Customer sends the products wrapped in plain paper or in a bag). In the event of a unilateral termination of the purchase and sale contract by the consumer Customer, the consumer Customer shall bear the direct costs of returning the products and shall be responsible for any decrease in the value of products resulting from the handling of the product, other than the handling necessary to determine the nature, characteristics and functionality of the product. If the Customer exercises their right to a unilateral termination of the purchase and sale contract, the Seller shall refund to the Customer the full price paid by the Customer under the terminated contract within no later than 14 days from the receipt of the unilateral termination notice (notice from the Customer about the contract termination), provided that the Customer first returned the products which are the subject of the terminated contract. The Seller is under no obligation to reimburse the additional costs resulting from the Customer’s express request / choice of transport / delivery of products that differs from the cheaper type of standard transport / delivery of products offered by the Seller. The Seller is obliged to refund the amount paid using the same means of payment used by the Customer. The Seller shall not be responsible for the loss or damage to the shipment returning the Customer’s purchased products due to a unilateral termination of the contract. If the Customer wishes to exercise their rights against the delivery service in the event of a loss or damage to the shipment, the exact value of the returned products needs to be indicated when sending the shipment.
FORM FOR UNILATERAL CONTRACT TERMINATION
The purchase and sale contract concluded at a distance may be easily terminated by the consumer Customer within 14 days of the day of the delivery of the purchased product(s) using the provided Form for Unilateral Termination of the Purchase and Sale Contract or by another unambiguous written notice of termination. The Form for Unilateral Termination of the Purchase and Sale Contract is available for download here. The notice of termination shall be signed and sent to the Seller by e-mail to the following e-mail address: firstname.lastname@example.org within the prescribed period. Otherwise, the Customer shall lose the right to a unilateral termination of the purchase and sale contract concluded at a distance. The Trader shall confirm the receipt of the unilateral contract termination notice to the consumer Customer by e-mail without delay.
OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES AND JUDICIAL PROTECTION
The consumer Customer and the Trader undertake to settle amicably, in direct communication via e-mail, any dispute regarding the rights and obligations under the purchase and sale contract for products concluded at a distance (consumer dispute), as well as any dispute that might arise from the Customer’s access to the Online Store website, including a dispute arising from the exercise of the consumer Customer’s rights to personal data protection. It is deemed that an attempt to amicably resolve a dispute in direct communication between the Customer and Trader is exhausted by the consumer lodging an objection/complaint and the Trader replying to the objection/complaint, assessing that the objection/complaint is inadmissible or ill-founded. If the consumer dispute is not resolved by the aforementioned direct communication, the Customer and Trader (contracting parties) undertake to resolve the consumer dispute out of court – using the interactive website – the Online Consumer Dispute Resolution Platform, accessible by clicking on the following link: http://ec.europa.eu/odr. The contracting parties agree to resolve the consumer dispute before one of the registered bodes for alternative dispute resolution for consumer disputes having jurisdiction according the location of the Seller’s registered office, in proceedings intended to lead to a resolution that is binding for both contracting parties, i.e. the contracting parties agree that the legal effect of a resolution reached in those proceedings is binding for both contracting parties. A binding resolution of the dispute cannot have the effect of depriving the consumer Customer of the protection provided to them under the provisions that cannot be waived by an agreement, in cases prescribed in Article 20 of the Act on Alternative Dispute Resolution for Consumer Disputes. In the event of the existence of the right to judicial protection, the court in Zagreb with subject matter jurisdiction shall resolve all disputes between the Customer and the Seller, whereby a consumer Customer domiciled in an EU Member State may institute proceedings against the Seller before a court in Zagreb or before a court of the place where the consumer Customer is domiciled, while the Seller may institute proceedings against the consumer Customer only before the courts of the Member State in which the consumer Customer is domiciled.
COLLECTION AND PROCESSING OF PERSONAL DATA
The website https://fraktalbeauty.com is owned by the Trader. Any content on the website, such as texts, graphics, trademarks (logos), icons, audio and video recordings, digital downloads, software packages and data, is owned by the Trader or his business partners and is protected by Croatian and international regulations on the protection of copyright and related rights, or industrial property rights, and its unauthorised use constitutes a violation of the regulations on the protection of intellectual property rights.
ONLINE STORE AVAILABILITY
Although the Trader always acts with the due care and diligence of a prudent businessman and does everything objectively possible by hiring experts with appropriate qualifications, the Trader cannot guarantee that the Online Store system will always function without any disruptions or malfunctions. Disruptions or malfunctions in the functioning of the Online Store system can be reported to the Trader at the e-mail address: email@example.com. Access to the Online Store system may be prevented because of repairs, maintenance or the introduction of new content (improvements).
The Customer shall use the Online Store system at their own risk. All content on the Online Store website is primarily informative and educational in nature and shall be understood as such. The use of content contrary to the above purpose may cause damage for which the Trader shall bear no responsibility. The Trader shall not be responsible for any damage that may occur to the Customer or third parties due to improper use and/or storage of the product, or other actions that do not comply with the product manufacturer’s instructions.
The Trader may amend these General Terms and Conditions at any time without prior notice, and the amendments to these General Terms and Conditions shall enter into force and apply from the date of their publication. These General Terms and Conditions are published on the Trader’s website in Croatian and English, and in the event of different interpretations or divergence between the English and the Croatian version, the Croatian version shall prevail. These General Terms and Conditions have been in force and have applied since 1 January 2022.