Terms

Basic terms mentioned in these Terms of use:

Seller

APITAL d.o.o.
Adress: Braće Radić 30, 10340 Vrbovec
e-mail: info@apital.hr
Company PIN: 99450787884
Court registry: Commercial Court of Zagreb

Customer

Customer is any physical or legal entity that buys products from Internet webshop in the way that is expressed in these Terms & Conditions.

Customer selects at least one product, places it in a shopping cart, sends an order to the Seller and with Seller's confirmation of the order Customer pays with electronic banking, wire transfer in bank or any other institution. Alternatively Customer can send an order and pay with cash upon product delivery.

General Terms & Conditions

These General Terms and Conditions are available to all Customers at any time and they can be saved, reused and reproduced.

The General Terms & Conditions regulate the relationship between the Customer and the Seller regarding the conditions and methods for ordering products, product prices, terms and methods of payment, warranty conditions for the correct functionaltiy of the sold items, the Customer's right to submit a written complaint about the Seller's products and services, the right to terminate the contract, conditions for ordering and delivering Products, protection of personal and other data, and other matters important for concluding a sales contract through the online store.

The General Terms and Conditions of the online store form an integral part of every sales contract concluded between the Seller and the Customer via this method.

Before making a purchase, the Customer declares that they have read these General Terms and Conditions and consequently accepts them, as well as that Customer is aware that ordering products includes the obligation to pay the purchase price and delivery where they are applicable. The Customer is also informed of the conditions, deadlines and procedure for exercising the right to unilaterally terminate the sales contract, all of which Customer has understood and accepted.

If the Customer is a physical entity, they must be an adult and legally capable individiual. Contracts on behalf of and for minors or legally incompetent persons may conclude contracts only with the consent of their legal representatives or guardians. The Seller bears no responsibility for actions contrary to this provision.

Customers are required to provide accurate, valid and complete personal information when filling out the registration form. Non-compliance entitles the Seller to deny the sale of products or the provision of services.

The Seller reserves the right in accordance with it's business policy and without prior notice to modify the content of General Terms & Conditions, the product range, retail prices and other information related to the online store.

Due to the nature of accessing web pages, the Seller is not responsible for any damage that may occur to the devices and/or related to the devices used by Customers to access the online store nor in cases where the Customer is unable to use the online store due to reasons beyond the Seller's control.

The deadline for payment of the purchase price of the product (the amount specified in the confirmed order) is 3 (three) days from the date the Customer receives notification from the Seller about the confirmed order, except in cases of cash-on-delivery payments. If the Customer fails to make the payment within this period and no alternative agreement is made between the Seller and the Customer, the order confirmation becomes non-binding for the Seller and will be deleted from the system.

Payment Methods

1. Payment via Proforma Invoice - If you choose payment via proforma invoice, we will send a proforma invoice with all the necessary details to the recipient's email adress. Upon receiving funds in our business acount, the goods will be shipped to the delivery adress.

Until the full purchase price is paid, the ordered products remain the property of the Seller, even if they have already been delivered to the Customer.

The invoice is delivered to the Customer via the email address provided for correspondence and in paper form along with the shipment.

Prices

All prices are retail prices expressed in euros (EUR) and include VAT. APITAL d.o.o. reserves the right to modify retail prices unless stated otherwise (e.g., during promotions or other special sales events). Retail prices are valid at the time the order is received and are not predetermined. These prices apply to the payment methods and conditions mentioned above. The listed retail prices are valid exclusively for purchases made via the online store and may differ from the retail prices in showrooms and sales outlets.

Validity of Promotional Offers

The duration and conditions of promotions and other special types of sales (e.g., promotional sales, clearance sales, seasonal discounts, etc.) are specified with each offer.

Right of the Customer to Unilaterally Terminate the Purchase Agreement

The Customer has the right to unilaterally terminate the purchase agreement concluded via the online store within 14 (fourteen) days of the date when the product was delivered into their possession or the possession of a person designated by them, excluding the courier. The customer can exercise this right by submitting an unambiguous written statement expressing their intent to terminate the agreement, sent to APITAL d.o.o., Braće Radić 30, 10 340 Vrbovec, or via email at info@apital.hr. The statement should include the Customer's name, address, phone number, email, and details of the received product.

The Seller is required to promptly provide confirmation of receipt of the termination notice. If the Customer terminates the agreement, the Seller will refund the full amount paid (minus delivery costs, if applicable) within 14 (fourteen) days of receiving the returned product, in accordance with the conditions outlined in these Terms & Conditions. Refunds will be made using the same payment method unless the customer explicitly agrees to an alternative, provided no additional costs are incurred for the refund. Refunds will only be issued once the returned product is received at the address specified on the invoice.

The Customer is responsible for the cost of returning the goods in case of unilateral termination of the agreement.

Before placing an order, the Customer confirms that they have received this notice regarding their right to unilaterally terminate the agreement.

To qualify for a full refund, returned products must be unused, undamaged, and in their original, intact packaging with a copy of the invoice.

The Customer is responsible for any reduction in the product's value resulting from handling that was not necessary to determine its nature, characteristics, or functionality. Therefore:
if the packaging is damaged or missing, the product should be returned immediately with a note about the damage; otherwise, it is considered that the product was received with undamaged packaging,
any damage to the packaging after receipt reduces the product's value in case of agreement termination (see Table 1 below).,
if the product shows visible damage (e.g., broken or missing parts, scratches, cracks, etc.), APITAL must be notified as soon as possible,
products without visible damage should be inspected without further use (e.g., opening refrigerator doors), as additional handling will reduce the product's value,
handling the product, such as washing clothes in a washing machine, will be considered usage,
damaged and/or missing original packaging and handling of the product reduce its value.

In such cases, APITAL reserves the right to refund reduced amounts, as outlined in Table 1.

If the returned product shows mechanical damage or missing components, APITAL may inspect it to determine the nature and cost of actions required to restore it to its original state. The refund amount will be adjusted accordingly.

Product Availability and Delivery Time

If the product is in stock, the delivery time for Croatia is up to 7 working days for mainland addresses and up to 10 working days for island addresses, starting from the moment the customer receives an email confirming the order. For products not in stock, delivery times may exceed the stated periods. Delivery times may also be extended due to unforeseen circumstances beyond the seller's control, in which case the customer will be promptly informed.

Products are delivered only on working days during the working hours of delivery services. The customer will be contacted to arrange a delivery time.

Delivery is carried out if the delivery address is accessible by a vehicle from a public road. Free delivery does not include bringing products into residential or business premises or setting up and putting products into use.

If the customer is unavailable during delivery, another adult person designated by the customer can accept the product. The recipient must provide their name, relationship to the customer, date of receipt, and signature on the delivery documentation.

Use of Cookies on APITAL d.o.o. Websites and Social Media

APITAL d.o.o. may use cookies to collect and process user data. These data are used to gather aggregate statistics about users and the date and time of their access to websites and social media platforms.

If the data collected via cookies constitutes personal data, it will be treated according to the rules for protecting personal data.

Links to Third-Party Websites or Social Media

The websites and social media platforms of APITAL d.o.o. may include links to third-party websites or social media.

Communication

All communication regarding the order process and purchase agreement is conducted via the email address or phone number provided by the customer during registration.

Disclaimer

The selller aims to ensure the accuracy and timeliness of the information published on the website. However, product characteristics, stock levels, and prices may change faster than the website can be updated. In such cases, the seller will notify the customer as soon as possible and offer the option to cancel or modify the order.

All product photos on the APITAL d.o.o. website are symbolic.

Customer Complaints and Disputes

These Terms and Conditions are in accordance with the Consumer Protection Act and other regulations of the Republic of Croatia. Written complaints about products or services can be submitted in person at the seller’s address or sent via mail or email.

The seller must promptly acknowledge receipt of the complaint, inform the customer of the expected resolution time, and respond to the complaint within 15 days.

Disputes will be resolved amicably whenever possible. If not, the customer may refer the matter to the Court of Honour of the Croatian Chamber of Commerce or authorized Mediation Centres.

Per European Commission Regulation No. 524/2013, consumers may use the Online Dispute Resolution platform for cross-border disputes: http://ec.europa.eu/odr. This platform does not currently support disputes with traders from Croatia.

TERMS OF SALE
These terms of sale define the procedure for ordering, payment, delivery, and return or complaints regarding goods offered on our website. The supplier (Seller) of the products offered in the online store stranica.hr (hereinafter referred to as "goods") is APITAL d.o.o., Bjelovar, and the Buyer of the goods is the website visitor who selects at least one product, completes the electronic order form, and sends it to the Seller.

ORDERING
Goods are ordered via an electronic form or by phone. The Buyer must complete a profile with basic information for billing and delivery of the desired products and will be notified via email about the order confirmation.
After selecting a product, you can click on its details to learn more about it and view it more closely. If you want to purchase it, simply click on the shopping cart, and the product will be added to it immediately. In the cart, you can adjust quantities or cancel the purchase. Your cart is visible and accessible at all times, allowing you to continue browsing our store. Once shopping is complete, return to the cart and select "complete order." You will receive a notification about the successful purchase at your email address.

PAYMENT
Payment can be made in the following ways:

1. Payment Slip - Bank Transfer - Online Banking
   When choosing this payment method, you will receive an order confirmation with all the necessary payment details via email. You can then make the payment using online banking or through your usual payment method, such as at a bank, post office, or similar.
   Once payment is received, we will ship the ordered items to you.
    
2. Cash on Delivery
   Payment is made at the time of delivery and is paid directly to the delivery person.

COMMUNICATION
Various messages are automatically sent to the user's email address after activities such as registration confirmation, order confirmation, notification of shipment or cancellation, confirmation of card charges, or cancellation of a transaction. It is the user's responsibility to provide accurate and valid email address details. There are no costs for remote communication.

DISPUTE RESOLUTION
As per special European Union regulation effective February 15, 2016, disputes related to online purchases across the EU can be resolved via the ODR platform, accessible here. This means that if you encounter a problem during an online purchase within the EU (e.g., defective product, inability to replace a product, etc.), you can file your complaint in a quicker and simpler way via the provided link. The platform can be used by both consumers and traders, and complaints can be submitted in any of the 23 official EU languages.

Shipping costs are calculated based on dimensions, weight and route. A quote is sent upon request.

RETURN/COMPLAINT OF GOODS

If the buyer is dissatisfied for any reason, they can file a complaint to the Seller (APITAL d.o.o.) via email at: info@apital.hr or in writing to the address: APITAL d.o.o., Braće Radić 30, 10 340 Vrbovec, Croatia.
The buyer is entitled to return goods in the following cases:

• Delivery of goods that were not ordered
• Delivery of goods past their expiration date
• Delivery of goods with defects or damage not caused during transport

The Seller will confirm receipt of the complaint in writing without delay and will respond to the Customer within 15 (fifteen) days from the date the complaint is received, in accordance with the Consumer Protection Act.
The Seller will fully accept the return of damaged, defective, or incorrectly delivered goods at its expense if the complaint is deemed justified and if it is confirmed that the Customer has not affected the integrity, damage, or any deficiency of the goods.
In the case of a justified complaint, the Buyer is entitled to a contract termination with a refund of the paid amount or replacement with a correct, undamaged, and valid product.
If it is not possible to deliver other goods, the Seller will reimburse the Customer for their return costs and the value of the goods that can no longer be delivered.
The Customer does not have the right to return products that have been opened/used. All goods sold are properly stored in their original packaging. The expiration date indicated on the packaging is valid only if the goods are stored as specified on the label.

ELECTRONIC COMMUNICATION

By visiting and using the website www.apital.hr, you accept communication via electronic means. By doing so, you accept that all agreements, notifications, announcements, and other content delivered to you electronically comply with legal frameworks as if provided in writing. If the visitor or user does not have an email address, provides an incorrect one, or is unable to receive emails for technical reasons, the seller is not obliged to notify the user by any other means about the order, delivery, payment, refund, complaint, or similar details. By selecting the Newsletter Subscription option, you grant us permission to include you in our marketing and other activities stated in the Newsletter Subscription.

There are no costs associated with remote communication methods.

NOTICE ON FILING CONSUMER COMPLAINTS

In accordance with Article 10, paragraph 3 of the Consumer Protection Act ("Official Gazette, no. 41/14, 110/15), we inform consumers that they can submit a written complaint regarding dissatisfaction with the purchased product or the quality of the provided service. A confirmation of the complaint receipt will be provided without delay.

Complaints can be submitted in writing to:
APITAL d.o.o., Braće Radić 30, 10 340 Vrbovec, Croatia,
or via email at: info@apital.hr

A written response to the consumer complaint will be provided within 15 days from the date of receipt. Therefore, please include your contact address for the delivery of the response.

DURATION OF THE CONTRACT

A contract concluded by the consumer for the purchase of products and services is a one-time agreement, fulfilled by the delivery of goods or services by the merchant and the payment by the consumer, unless terminated. These General Terms and Conditions form an integral part of the concluded Consumer and Merchant Agreement.

UNILATERAL TERMINATION OF THE CONTRACT

You can fill out the unilateral termination form available on our website and send it to us by email.

A confirmation of receipt of the notice regarding unilateral termination will be sent to you without delay via email.

INSTRUCTIONS FOR UNILATERAL TERMINATION OF THE CONTRACT

1. Calculation of the Term for Unilateral Termination
   The contract can be unilaterally terminated within 14 days without stating any reasons.

   To exercise the right to unilateral termination, you must notify us of your decision before the expiration of the term with a clear statement sent by mail or email. This statement should include your full name, address, phone number, fax, or email address. You may also use the provided sample form for unilateral termination, available at the bottom of the page.

   The term for unilateral termination is 14 days from the day the goods subject to the contract are handed over to you or a third party designated by you, excluding the carrier.

2. Refund of Paid Amount
   Refunds can only be issued after the goods are returned to us or proof is provided that the goods have been sent back.
3. Return of Goods
   Goods must be returned or handed over to us without undue delay, no later than 14 days from the date you informed us of your decision to terminate the contract.
4. Cost of Returning Goods
   The direct cost of returning goods must be burdened by you.
5. Consumer Responsibility for Reduction in Value of Goods
   You are responsible for any reduction in the value of the goods resulting from handling, except for what was necessary to establish the nature, characteristics, and functionality of the goods.

The right to unilateral termination is excluded in cases specified in Article 74 of the Consumer Protection Act. Detailed information regarding consumer rights to unilateral termination can be found in the Consumer Protection Act.

Consumers do not have the right to unilaterally cancel a contract in the following cases according to Consumer Rights to Cancel the Contract (Article 79 of the Consumer Protection Act):

1. If the seller has fully performed a service with the explicit prior consent of the consumer and the consumer was informed that they would lose their right to cancel once the service is completed.
2. If the product or service's price is dependent on financial market fluctuations.
3. If the product was custom-made or tailored to the consumer's specifications.
4. If the product is perishable or has a short shelf life.
5. If the product is sealed for health or hygiene reasons and was opened after delivery.
6. If the product is mixed with other goods in such a way that it cannot be separated.
7. If the product involves alcoholic beverages, the price of which is agreed upon at the time of the contract, and the delivery is after 30 days.
8. If the consumer specifically requested the trader to carry out urgent repairs or maintenance.
9. If the product is sealed audio/video recordings or computer programs that were opened after delivery.
10. If the product involves newspapers, periodicals, or magazines (except for subscription contracts).
11. If the contract was concluded at a public auction.
12. If the product involves providing accommodation services, transportation of goods, vehicle rental, food or beverage delivery, or leisure-related services at a specific date or period.
13. If the product involves the delivery of digital content that is not provided on a physical medium, and the consumer explicitly agreed to start the contract and lost the right to cancel.

LIABILITY FOR MATERIAL DEFECTS OF PRODUCTS

According to the Consumer Protection Act (Official Gazette no. 41/14, 110/15, 14/19), the provisions of the Obligations Act (Official Gazette no. 35/05, 41/08, 125/11, 78/15) on liability for material defects apply to the relationship between the consumer and the merchant. Consumers must notify the seller of visible defects without delay and no later than two months after discovering the defect. The seller is liable for material defects existing at the time of risk transfer to the buyer and for those that appear later if caused by pre-existing reasons. The seller is not liable for material defects that appear more than two years after the sale.

DISPUTE RESOLUTION

Out-of-Court Consumer Dispute Resolution:
In case of a dispute between the consumer and the merchant, the consumer may file a complaint with the Court of Honor of the Croatian Chamber of Commerce or propose mediation at reconciliation centers.

Disputes arising from online purchases within the EU can also be resolved through the European Commission's dispute resolution platform (ODR) at ec.europa.eu/consumers/odr.

Efforts will be made to resolve disputes amicably. If not, the court in Zagreb has jurisdiction.

According to the Consumer Protection Act, the provisions of the Obligations Act (NN 35/05, 41/08, 125/11, 78/15) on liability for material defects apply to the relationship between the Consumer (end user) and APITAL d.o.o. in the case of material defects on the product.

The Seller is responsible for material defects that the product had at the moment the risk passed to the Customer, regardless of whether this was known to the Seller.

The Seller is also responsible for material defects that appear after the risk has passed to the Customer if they are a consequence of causes that existed before that.

It is presumed that a defect which appears within six months from the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or it follows from the nature of the item or the nature of the defect.

When There Are Material Defects

A defect exists if:

1. The item does not have the necessary properties for its regular use or for trading.
2. The item does not have the necessary properties for a special use for which the buyer acquires it, and which was known to the seller or should have been known to the seller.
3. The item does not have properties and characteristics that were explicitly or implicitly agreed upon or prescribed.
4. The seller delivered an item that is not the same as the sample or model, unless the sample or model was shown only for informational purposes.
5. The item does not have characteristics that generally exist in other items of the same type and that the buyer could reasonably expect based on the nature of the item, especially considering public statements by the seller, manufacturer, and their representatives about the characteristics of the item (advertisements, labeling of the item, etc.).
6. The item was improperly assembled, provided that the assembly service was part of the sales contract.
7. Improper assembly was caused by defects in the assembly instructions.

If the buyer expected certain properties of the item based on statements made by the manufacturer or their representative, the defect is not considered if the seller did not know or should not have known about these statements, or if these statements were disproven before the conclusion of the contract, or if they did not influence the buyer's decision to enter into the contract.

The manufacturer, for the purposes of liability for material defects and warranty for the correctness of the sold item, is the manufacturer of the item, the importer of the item, and any other person who represents themselves as the manufacturer by placing their name, brand, or other marking on the item.

APITAL d.o.o. assumes no responsibility for the accuracy of information or for any errors on this website.

Our goal is that the information is timely and accurate, therefore the content of this website is constantly improved and is subject to change.

Also, we bear no responsibility for any damages or loss caused by the direct or indirect use of this website.

This website can have links which lead to other websites. The user can visit them at his own responsibility.  APITAL d.o.o. is not responsible for the content found on external websites.

The user agrees that no employee of APITAL d.o.o., as well as any other person or company, who was involved in the development of this website, can be held responsible towards other persons or companies for any damages or losses which arise from the use of this website.

T-Com PayWay applies state-of-the-art data protection standards - Secure Socket Layer (SSL) protocol with 128-bit encryption and MD5 algorithm. The ISO 8583 protocol ensures that data exchange between the T-Com system and the credit card authorization centers is carried out on a private network, which is protected from the unauthorized access to a double layer of firewalls.

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This statement commits us to protect the privacy of our users, customers and visitors of our site and the security of personal information provided to us through the website.

This notice describes the type of information we can collect from you when you visit our website and explains how we use these data and the steps we take to protect it. The notice also describes the choices you have about collecting and using your information when visiting our website.

What information do we collect about you and how do we use it?

In general, you can visit our website without disclosing personal information about yourself. We do not collect personal information about you (such as your name and contact details) when you visit this website unless you voluntarily submit data using one of the available forms for a particular purpose (contact form) and thereby give your consent to the collection and use of your personal information for the purposes mentioned. All personal data is used solely for the purposes for which they were collected and for which they were granted. We will not make the collected data in any way available to unauthorized third parties, except for the legally prescribed purpose. All data is deleted upon termination of the purpose for which it was collected or termination of the contractual relationship and no later than the expiration of all legal obligations related to the retention of personal data.

Here are some additional circumstances in which we will share your information with authorized third parties and additional purposes for which we use your information:

Providing Information to Google Inc.
Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and cookie data, for multiple purposes, such as improving Google Analytics. Information is shared with Google on an anonymous basis. To find out more about what information Google collects, how to use this information, and how to control information sent to Google, see the Google Privacy Policy partner page. You can opt out of Google Analytics by installing the following plug-in to your browser: https://tools.google.com/dlpage/gaoptout

Types of personal data we process

The personal data collected in the booking form are: first and last name, e-mail, address, telephone number.

Information that is automatically collected on our website

We automatically collect information in server log files, such as your IP address, browser type, redirection / exit page, and operating system. We use this information to manage our web pages and our technical solutions, understand how visitors move through our website and services and improve your experience while using our website and services.

Access and update your personal information

Our user has the following rights at any time:

• the right to access data and access to data
• right to information on processing of personal data
• right to data transfer
• the right to withdraw privola
• the right to file a complaint
• right to correction and change of personal data in case the information is incomplete or incorrect
• the right to be deleted in cases such as cessation of processing, withdrawal of a claim or in the case of filing a complaint

If you want to inwoke any of these rights, please contact us via the contact form on our website.

Security of your personal information

We are committed to taking appropriate technical and organizational measures to protect your personal data from unauthorized or unlawful handling of them and their accidental loss, destruction or damage. When submitting your personal information through our website, this information is sent over the Internet safely through high-quality encryption and stored on our secure servers.