Terms of use

Gourmet Adriatic d.o.o. located at Braće Radića 14, 21210 Solin, OIB:22289822733 hereinafter referred to as “Gourmet Adriatic d.o.o.”

Gourmet Adriatic d.o.o. Internet Shop is intended to be used for your private needs without any service dues and according to the following terms and regulations. While using Gourmet Adriatic d.o.o. Internet shop you are obligated to respect the here described rules and regulations. Some illustrations on Gourmet Adriatic d.o.o. Internet shop site are of solely illustrative nature.

Purchasing terms

Practice, usage and merchandise purchasing terms for Gourmet Adriatic d.o.o. Internet Shop are defined according to the following parameters: order, shipping, payment, delivery and return, as well as merchandise reclamation.
Gourmet Adriatic d.o.o., via the Internet Shop, allows for purchasing of the entire assortment of products contained in our on-line offer. A customer is considered to be any person that provides required information on an order form and electronically orders (purchases) at least one product from our assortment.

All given prices include VAT (PDV in Croatia). Customers must be an adult (age 18 and older). Minors are not allowed to make a purchase.

Merchandise ordering

Merchandise should be ordered at least 48 hours before the stated shipping date.

Orders can be placed less than 48 hours before the stated shipping date, but If you need delivery in less than 48 hours time please make an order and contact our customer service so they can confirm if it’s possible to deliver.

Merchandise ordering takes place 24 hours a day, seven days a week.

Merchandise is ordered through electronic selection of a certain product and placement of that product in a virtual shopping cart. Merchandise is considered ordered once the customer has completed the entire ordering process. Gourmet Adriatic d.o.o. is obligated to ship all ordered products available in its inventory on the arranged shipment date. If for some reason we are unable to ship any of the ordered products, we will contact the customer by phone or e-mail to discuss an order of a different product or a cancellation of an order in question. All other products ordered and available in our inventory will be shipped in time.

Merchandise shipping

During shipping merchandise will be stacked and organized in such a way to protect it from possible damage during transportation. The customer is obligated to inspect the delivered merchandise for possible damages during take-over and immediately submit reclamation to the delivery personnel, as well as refuse to accept the visibly damaged products and expect the bill to be lowered for the amount of the returned product. A printout of a corrected bill will be delivered to the customer in a mutually arranged deadline.
The customer themselves is obligated to inspect the order as well as ordered merchandise upon its delivery. We do not accept subsequent reclamations.

Terms of payment

The customer is obligated to pay Gourmet Adriatic d.o.o. for the ordered merchandise by method selected when filling out the order form.

1/Payment of full amount online via CORVUS PAY with these types of credit cards:
Mastercard
Diners Club
Visa
Maestro
Discover
2/ Bank transfer

If both types of payment do not suit you, contact our customer service to find the most appropriate type of payment for you. Our customer service can be reached via email info@gourmetshopcroatia.com or phone 385 91 250 4648.

Merchandise delivery

All merchandise is shipped every day using our own delivery vehicles.. Price includes procurement of ordered products, packaging and delivery to the location of choice.

Shipping cost —-

Minimum order amount is 200€

Returns and reclamations

In case of merchandise return the customer is obligated to send a justified reclamation to Gourmet Adriatic d.o.o. by email, phone or a written format.
Customer has a right to merchandise return in the following cases:
· shipment of merchandise which was not ordered
· shipment of merchandise whose shelf life has expired
· shipment of merchandise which has a defect or was damaged prior to transportation

Customer is obligated to inspect the delivered merchandise for possible damages during take-over. Please compare delivered products to the contents on your invoice, and if there is anything missing please mention this to the delivery personnel as we do not accept reclamations after delivery. The driver will put together a written record of the requested changes which will include the customer’s signature.

If Gourmet Adriatic d.o.o. is unable to deliver substitute merchandise, we will reimburse the customer for the shipping cost of merchandise return and the value of products we are unable to deliver.

Refund in case of order cancellation

In case of cancellation of the order by the customer, the following rules apply to orders paid by credit card or bank transfer:
· If the order is canceled in 72 hours or more before the delivery would take place, we will refund 90% of the amount.
· If the order is canceled in 72 hours or less before the delivery would take place, we retain the full delivery amount.

Changes

Gourmet Adriatic d.o.o. reserves the right to change any of the rules and regulations, and is obligated to report any changes to its registered users using e-mail addresses submitted during registration. All changes will impact the use of our site. If you do not agree with any of the here mentioned terms of use, and you do not wish to accept them, please contact our Customer Service Center to voice your concerns and do not use our Internet Shop in the meantime.

Registration

In order to register with Gourmet Adriatic d.o.o. Internet Shop, you need to be at least 18 years of age. The customer is responsible for accuracy and completeness of information submitted during registration. Please keep your personal information updated by editing your User account in order to inform us of any changes in information submitted during registration.
Once registered you are considered a customer of Gourmet Adriatic d.o.o. Internet Shop and comply with the here stated Rules and Regulations.
Information submitted to Gourmet Adriatic d.o.o. will be used exclusively for buying and selling merchandise and establishing business contacts and will not be used for any other purposes or available to other persons.

Security

When registering for Gourmet Adriatic d.o.o. Internet Shop you will be required to create a password which only you will know. You are responsible for all activity and all orders executed using your specific password. If you know or suspect that someone else has used your password you are required to notify our Customer Service at +385 91 250 4648 every working day from 8,00 to 16,00 CET or send us an email at info@gourmetshopcroatia.com
In case of suspicion that a customer’s account has been compromised, Gourmet Adriatic d.o.o. has the right to ask the customer to change their existing password or block the user account.

Outside sources

Services offered by Gourmet Adriatic d.o.o. Internet Shop do not include technical equipment and other eternal service expenses used for the purpose of accessing our website. Gourmet Adriatic d.o.o. is not responsible for phone or mobile and any other similar expenses.
Please understand that any visit to a website is done at your own risk. Gourmet Adriatic d.o.o. does not guarantee, and is not responsible in any shape or form for any kind of direct and indirect damages you might suffer when using online services, computer programs (software), service providers and internet in general. The Internet is an international, independent computer network, not controlled by Gourmet Adriatic d.o.o. in any way but is only connected to it and so can not guarantee service availability by servers we do not control.

Intellectual property

All content published on Gourmet Adriatic d.o.o. Internet pages such as text, graphics, trade marks (logos), icons, pictures, audio and video content, digital content, software and other content here not mentioned but published on our web pages, are property of either Gourmet Adriatic d.o.o., our affiliate vendors or the provide or program packages (software) and are protected by local and international copyright and intellectual property laws and can not be used without the owner’s permission.
By accepting these rules you are also agreeing to prohibition of reproduction, copying and distribution of design, as well as the background on Gourmet Adriatic d.o.o. Internet pages, including individual elements, design, logo and Gourmet Adriatic d.o.o. brand without explicit written permission from Gourmet Adriatic d.o.o.

Availability of Gourmet Adriatic d.o.o. Internet Store

Although Gourmet Adriatic d.o.o.. strives to offer the best possible service to our customers, Gourmet Adriatic d.o.o. can not guarantee that our services will suit all of your needs. Also,Gourmet Adriatic d.o.o. Internet Shop may not always be available for viewing due to site maintenance and/or content updating.

Other Internet sites

Gourmet Adriatic d.o.o. Internet Shop includes links to other internet sites whose content is not controlled by Gourmet Adriatic d.o.o. and thus is not responsible for the content of the pages in question.

Advertising

A portion of Gourmet Adriatic d.o.o. pages is reserved for advertising and it is the advertiser’s obligation to make sure that the content of their advertisement is presented according to legal norms and regulations. Gourmet Adriatic d.o.o. is not responsible for any errors contained in the previously mentioned advertising material, especially in the case of alcohol, alcohol beverages, wine, beer, tobacco and tobacco product advertising.

Guide price

A Guide price is our estimate of what the value of the purchased merchandise will be upon delivery.
It is possible that the amount of your invoice is different from the guide price invoice produced by our Internet Shop Catalogue.
If the price of a product on the delivered invoice is larger than the price shown during the ordering process, the product can be returned and you will be reimbursed.
Please return unwanted products to the driver upon delivery and we will take care of the rest.

Why does the guide price differ from the final invoice amount?

The guide price is based on same day prices in the Gourmet Adriatic d.o.o. Internet Shop.
The final invoice can vary due to the following reasons:

The guide prices for weighted articles refer to products such as cheeses, salami, fruit and vegetables which are paid for according to the quantity purchased in weight instead of numbers. For example, the price shown for a certain cheese could refer to a quantity of exactly 100 grams, but we might deliver a slightly different quantity of the requested cheese. The difference in quantity is minimal, meaning that you could receive a few grams more or less of the product requested and the final price will be calculated according to the exact quantity delivered.
· If we have to substitute a certain product with an alternative product, the final price will differ according to the difference in price of the alternative product on the day the order is processed.

Order confirmation

You will receive your order confirmation by email after completing your order, containing all legally required product details including quantity, price, tax,date and place of delivery. We will also inform you of any possible changes to your order (delivery date change, unavailability of the product ordered, etc.) using your email address.

Excerpt Consumer Protection Act

Prior notification
Article 42
(1) In good time before the conclusion of the contract the consumer must be informed of:

• Name, company, registration number and full address of the seller or the person to whom the consumer can take out their complaints,
• The product or service offered and their name,
• The main characteristics of the product or service,
• The price of a product or service, including all taxes and other charges,
• The cost of delivery of the product,
• The method of payment and the manner and delivery of products or services,
• Services that are offered after sales (service and sales of spare parts),
• Guarantees that come with the product or service;
• The right of consumers to commit a breach of Article 44 this Act and the deadline for withdrawal,
• Situations where it is off the consumer the right to terminate the contract,
• Assumptions and procedure termination agreement concluded for an indefinite period or for a period more than a year,
• Cost of using the means of distance communication, where such costs do not charge per the basic rate,
• The period in which the offer or the price valid,
• In the case of contracts for the supply of goods or continuing contracts continued services, the shortest time in which a trader agrees to enter into a contract.
  (2) The notice referred to in the preceding paragraph of this Article shall contain clear and prominent commercial intention dealer and must be unambiguous, clear, easy to understand and tailored means of distance communication which uses.
  (3) In case of using the phone, the identity of the trader, and the commercial purpose of the call must be explicitly mentioned in the interview.
  (4) The notice must contain a warning that the contract is in the name and on behalf of the minor or completely incapable person may enter only their legal representatives or warning that the partial legal capacity may contract only with the consent of their legal representative.

Confirmation notice

Article 43
(1) Not later than the time of delivery or at the latest on the day of commencement of the provision services, consumers must be submitted confirmation notice in writing or in another, available to consumers, a durable medium.
(2) Confirmation notice must contain all the data contained in the notice.
(3) In the event of the conclusion of the service that is provided by using one-time funds remote communications and charged by the operator a means of distance communication, the retailer will not be shall issue a receipt notice under paragraph 1 this article.
(4) In cases where it is required to issue a receipt notice, the burden of proof issue and information rests with the dealer.

The right to terminate the contract
The purchaser the right to terminate the contract and terms for termination (excerpt from the Consumer Protection Act):
The right to terminate the contract – Article 45

(1) Any contract entered into means of remote communication subject to the rules contained in this Chapter of the consumer may, without showing cause, cancel within seven days.

(2) In the event of the conclusion of the sale of the product, the period referred to in paragraph 1 this article begins on the day when the consumer has received the product, assuming that the consumer had previously submitted a confirmation notice from Article 44 this Act.

(3) In case of contract for service, the period referred to in paragraph 1 this article begins on the day the contract is concluded or, if by the time of concluding the contract the consumer has not been submitted a confirmation notice from the date of receipt of the confirmation notice.

The deadline for the termination of the contract if the approval notice was not served – Article 46

(1) If the trader has not provided the consumer a confirmation notice from Article 44 this Act, the consumer will be entitled to cancel the contract within three months.

(2) In the event of the conclusion of the sale of the product, the period referred to in paragraph 1 this article begins on the date of receipt of the product.

(3) In case of contract for service, the period referred to in paragraph 1 this article begins on the day the contract.

(4) If, within the deadline referred to in paragraph 1 this article, provide the consumer a confirmation notice from Article 44 this Act, the consumer has the right to terminate the contract within 14 days of receipt of the confirmation notice.

Form of termination of contract – Article 47

(1) The contract shall be terminated by written notice of termination has been sent.

(2) The contract was terminated when the trader receives the notice of termination.

(3) It is believed that the contract was terminated at the time, if notice of termination is addressed within the terms of Article 45 and 46 this Act.

Consequences of termination – Article 48

(1) In the event of termination of the contract, the consumer shall at his own cost to return products to retailers.

(2) The consumer is not liable for damages suffered by the trader for the termination of the contract.

(3) The trader shall, within 30 days after receipt of written notice of termination, refund the full amount that the consumer is the consumer until the termination pay under the contract, plus interest at the interest rate of commercial bank trader for term deposits at three months for the whole period of receipt of written notice of termination to the payment.

Exclusion of the right to terminate the contract – Article 49

Unless the parties have agreed otherwise, the consumer is not entitled to termination pursuant to Article 45 and 46 this Act if the contract is concluded:

the provision of services if the provision of services, with the express consent of the consumer, started before the expiration of the period within which the consumer had the right to seek termination of the contract,
sales of products or performance of services whose price depends on fluctuations in the financial market,
the sale of products made on the basis of the consumer’s specifications, the products created exclusively for consumers or products because of their nature, can not be returned or is subject to rapid decay,
on the sale of audio or video recordings and computer programs which the consumer is unpacked,
on the sale of newspapers, periodicals and magazines
on gambling

Contribution

In order to improve our products and services we are conducting a survey and would appreciate your participation, either by answering survey questions or by submitting additional questions, comments, objections and compliments. Please contact the Gourmet Adriatic d.o.o. Customer Service at +385 97 xxxxxxx every working day from 8,00 to 16,00 CET or send us an email at info@gourmetshopcroatia.com

Please keep in mind that sending private messages by e-mail can be unsafe and subject to unauthorized access by a third party or to mistakenly be delivered to an incorrect account. All communication received by electronic mail is considered unprotected and as a result Gourmet Adriatic d.o.o. is not responsible for the security and privacy of such correspondence. At the same time, we reserve the right to reproduce, use, access and release information received by electronic correspondence to third parties without restrictions. Furthermore, we have the liberty of using ideas, sketches and expert knowledge contained in such correspondence for any purpose necessary, including for example, development, advancement, production or product marketing.

Exclusion of liability

With this you accept the conditions and are subject to the Croatian material law having exclusive jurisdiction over interpretation, usage and legal effects allowable, excluded and usage conditions of mentioned internet pages. Croatian Court in Split has the exclusive authority over all claims and proceedings which result from the usage of these internet pages or in regards to their content. Gourmet Adriatic d.o.o. does not guarantee that the content of our internet pages are suitable or available at certain locations, that is, we are not responsible for access to the mentioned internet pages in countries where its content is prohibited by law. Access to internet pages in question on such territories is considered the responsibility of the customer themselves who will have to answer to local authorities.

All information available on our internet pages are of purely informative character and should not be used for commercial purposes or be distributed to third parties. Individual product and services information on our internet pages are subject to certain limitations.
Information published on Gourmet Adriatic d.o.o. internet pages are considered correct and reliable at the time of their input, however Gourmet Adriatic d.o.o. does not guarantee accuracy, authenticity or reliability of the content published on our internet pages. Gourmet Adriatic d.o.o. does not guarantee, explicitly or by implication, including guarantees in terms of marketability, nor do we take responsibility for completeness or usefulness of any of the contents published on our internet pages. Information available on our internet pages should not be used as basis for making important personal, financial or business decisions, and you agree that we can not be blamed if your expectations in regards to the same are not realized. Legal limitations permitting, Gourmet Adriatic d.o.o. will not answer for any direct or indirect, accidental, material and non material damage, losses or expenses resulting from usage or the inability to use any of the information available on our internet pages. In the case of this happening, we suggest consulting an appropriate professional who will be able to advise you according to your specific situation.

Currency Conversion Statement

All the billing is carried out in the EUR(€). The final billing amount is converted to EUR(€) according to the exchange rate of Narodna Banka of Croatia on the date of payment. When your credit card is charged, the final amount is converted to currency of the country in which the credit card was issued, according to the exchange rate of Credit Card Associations. Due to the currency conversion by various rates, there is a possibility that the actual amount billed could be somewhat different from the amount stated on our web site. Please take this into account.

CorvusPay Terms of Use
Card payments By using the CorvusPay system, the Smartica Service can be paid by using the following debit/credit cards:
· Visa, MasterCard, Diners and Maestro; one-time payments
After the successful authorization, the user will receive, via e-mail, a confirmation of the successful authorization.
Statement on security of online payments
When making payments in the Smartica application, you use CorvusPay – an advanced system for the secure acceptance of payment cards via the Internet. CorvusPay ensures the total secrecy of your card data from the moment when you enter them in the CorvusPay payment form. The payment data are forwarded encrypted from the application to the bank that issued the card. Smartica never comes into contact with the complete data on your payment card. Also, the data are even unavailable to the employees of CorvusPay. An isolated core independently transfers and manages sensitive data, keeping them completely secure. The form for entering the payment data is secured by an SSL transport code of the maximum reliability. All stored data are additionally protected with encryption, and the use of an encrypted device certified in accordance with the FIPS 140-2 Level 3 standard. CorvusPay complies with all requirements regarding the security of on-line payments prescribed by the leading card brands, and operates in accordance with the standard – PCI DSS Level 1- the maximum security standard of the payment card industry. When making payments using a card that is a part of the 3-D Secure program, your bank will verify, in addition to verifying the validity of the card itself, your identity via a token or password. Corvus info d.o.o. considers all information collected to be bank secrets and treats them accordingly. The information is used exclusively for the purposes for which they are intended. Sensitive data of the users are completely secure, and their privacy is guaranteed with the most contemporary protection mechanisms. Only data necessary for the transaction are collected in accordance with prescribed required on-line payment procedures. Security checks and operating procedures applied to our infrastructure ensure immediate reliability of the CorvusPay system. In addition to this, by maintaining a strict access control, by regularly monitoring the security and via in-depth checks for preventing vulnerabilities of the network and a planned implementation of the provisions on computer security, the security level of the system is permanently maintained and improved

Statement on the protection and collection of personal data and their use
Gourmet Adriatic d.o.o. is obliged to protect the personal data of the users so that it will collect only the necessary basic data on the purchasers/users that are required for the fulfillment of our obligations; it informs the purchasers on the way it uses the collected data, regularly provides purchasers with the option to select how their data is used, including the option to decide whether they want to be removed from lists used for marketing campaigns. All data on users are kept strictly confidential and available only to the employees who require such data to perform their duties. All employees of Gourmet Adriatic d.o.o. and its business partners are responsible for complying with the principle of privacy protection.

These Terms of Use shall apply from