TERMS AND CONDITIONS
Name: WALDPASS Ltd. for production, trade and services
Short name: WALDPASS Ltd.
Headquarter: Velika cesta 35, Buzin (City of Zagreb), Republic of Croatia
Office address: Velika cesta 35, Buzin (City of Zagreb), Republic of Croatia
Company is recorded in Companies Registry of Zagreb, Company Registration Number (MBS): 081310226
Commercial bank and account number: Erste&Steiermärkische Bank d.d., Jadranski trg 3A, 51000 Rijeka, IBAN: HR1424020061100978391
OIB (Personal identification number): 97380541015
VAT number: HR97380541015
Company Members: Marko Borošak
Authorised Representatives: Marko Borošak, director
Phone number: +385 97 653 4091
E-mail address: email@example.com
The conclusion of sales contracts via the website www.waldpass.com is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of directives and regulations of the European Union. Contracts concluded via the website www.waldpass.com are distance contracts. Waldpass Ltd. (hereinafter referred to as Waldpass) by selling through the website www.waldpass.com acts on its own behalf.
Means of distance communication are all means that can be used for concluding distance contracts without the simultaneous physical presence of the trader and the consumer, such as the Internet and e-mail.
The content of the website www.waldpass.com is available in Croatian and English. The official language for concluding sales contracts is Croatian. Croatian law applies to concluded sales contracts.
Information regarding purchases can be obtained via e-mail firstname.lastname@example.org and by phone +385976534091 from Monday to Friday from 9:00 to 16:00.
MAIN FEAUTURES OF THE PRODUCT
The customer is introduced to the main features of the product on the website www.waldpass.com. WALDPASS reserves the right to change information, including product prices and special offers on the site without prior notice. The image of the product is accompanied by a description of the main features of the product and its price including VAT.
PROCEDURE FOR CONCLUDING CONTRACTS
WALDPASS is not responsible for the costs of using computer equipment and telecommunications services required to access the service. The customer will be notified of the receipt of the order and the sending of the package by email.
In the event that WALDPASS is unable to deliver any of the ordered products, WALDPASS employee will contact the customer by phone or by e-mail for the purpose of agreeing on the delivery of a replacement product in the same price range or will inform him of the impossibility of delivery of a replacement or ordered product.
The purchase of products in the name and on behalf of a minor or a person deprived of legal capacity (in whole or in part) may be requested only by their legal representatives.
The purchase is made by ordering available products that the customer chooses based on the photo and basic description. Shopping is done in a few simple steps in the comfort of the customer’s home, from anywhere in the world.
The customer can choose a specific product that interests him and read the available product description so that he can make a decision whether that product suits his needs.
WALDPASS will send the buyer a confirmation of the concluded sales contract to his e-mail address together with a confirmation that the package has been sent.
If you have not received the ordered and paid products within the agreed delivery time, please inform WALDPASS about it at email@example.com.
PRICE AND PAYMENT METHOD
In order to avoid fraud, these restrictions apply to all orders.
The maximum amount per purchase is 3000 €. The minimum order accepted in case of export is 240 €. All orders above or below the indicated amounts will be canceled automatically.
If you wish to place an order in the amount above the set limit, you can contact us via e-mail: firstname.lastname@example.org.
Price and payment method
You can pay the costs of the ordered products and delivery only through PayPal service.
The agreed purchase price includes 25% VAT (for shipments within the EU) and is expressed in Croatian kuna. Please note that the means of payment in the Republic of Croatia is kuna, and the buyer pays currency conversion charges.
For Non-EU buyers, the applicable price is VAT excluded, and in that the buyer shall pay VAT or TAX applicable in their domicile Country upon delivery.
If you are a registered trader in the EU with the VAT number, please contact WALDPASS for a VAT excluded offer.
WALDPASS delivers to EU.
Products will be sent to the customer's address no later than 3 working days after the payment is authorized and the delivery address is confirmed. Note that if you live in a remote area, delivery may take up to 6 days after sending the shipment.
You will receive an email notifying you of the date of dispatch of your order.
Delivery is made through a reputable delivery service (DHL). Delivery is made to the doorstep of the home or business address that you provided and which is shown on the Purchase Summary. Please note that once we receive confirmation of your order, we will not be able to change it or change the delivery address.
Products are delivered to the entrance to the residential building. the courier is not obliged to carry the goods to the floor where the buyer lives
The delivery price will be expressed along with the price of the ordered products before the completion of the order process. The delivery price can vary between HRK 180.00 and HRK 500.00, exceptionally even more, depending on the weight of the package and the distance of the delivery point.
WALDPASS secures each package while it is in transit, until it is delivered to the customer.
Receipt of shipment
By signing the form at the reception of the package, the customer confirms that he has picked up the package (or packages) in undamaged condition. After that, the delivery service is not responsible for any complaints, damage or reduction of the contents of the downloaded package, except with proof that the damage did not occur after delivery.
Rejecting the delivery
If the buyer does not accept the delivery or refuses to accept the delivery without a valid reason, the seller reserves the right to demand reimbursement of handling, transportation and other possible costs.
In the event that the courier is unable to deliver the shipment to the customer for the reason that no one was present at the delivery address at the time of delivery, the courier will attempt to make the delivery once again. If in the second delivery attempt the courier is not able to deliver the package to the customer, it will be returned to WALDPASS in Zagreb, Croatia.
In that case, the buyer is obliged to bear the additional costs of delivery if he wants the package to be sent to him again.
Tracking of the delivery
The delivery service enables tracking of the shipment route via electronic service. The shipment tracking service allows the sender and recipient to receive relevant information about the location of the shipment and what is happening to it at any time.
Users agree not to use the website in a manner that harms authors or third parties, and accept all risks of using the website and the services.
The content of the website is protected by copyright. Modification, rental, sale or distribution of content is only possible with the prior written permission of WALDPASS.
WALDPASS allows you to use the website in the best possible way. These include: monitoring the operation of the server, expanding capacity according to the number of users, customer support and eliminating possible errors and problems in the operation of the system. WALDPASS assumes no responsibility for any problems with the operation of the site. WALDPASS cannot guarantee that the use of the website will not be interrupted or temporarily unavailable.
Users use the website at their own risk. WALDPASS is in no way responsible for any damage that the user may suffer by using the website www.waldpass.com.
WALDPASS reserves the right at any time and without prior notice to modify, supplement or discontinue any part of its business, including the website, or any part thereof, services, subpages or services provided through them. The right in question includes, but is not limited to, changing the time of availability of content, availability of new data, mode of transmission.
Intellectual property related to the products that the customer can order through the website www.waldpass.com is the exclusive property of the manufacturer and is neither granted nor otherwise transferred by any right of ownership over the products. Customer shall not duplicate or otherwise reproduce any product, in whole or in part.
Customer shall not, directly or indirectly, register, apply for registration or attempt to acquire any legal protection of the products or any proprietary rights therein on its own behalf or take any other action that may adversely affect the rights to the products of their owners.
Buyer acknowledges and agrees that the manufacturer has acquired various patent rights, copyrights, trademarks, trade names and other trade designations and intellectual property with respect to the products or services; that no right, title or interest in or to any of such patents, copyrights, trademarks, trade names and other trade designations and intellectual property shall pass to the buyer.
All rights, benefits and interest arising out of the use of any of such items shall belong and are provided exclusively to the manufacturer, and the buyer hereby acknowledges all such rights, benefits and interests in favor of the manufacturer.
Incorporated patent rights: HR P20040769; and others. Registered trademarks: WALDPASS.
Change in specifications
Product specifications and description may be changed at any time based on improvements or other reasons.
It is standard practice to change part numbers when published ratings or features are changed, or when significant engineering changes are made. However, some specifications of the Product may be changed without any notice.
The buyer shall comply with all applicable laws, regulations and licenses regarding import/export of the products or information provided by Waldpass.
The buyer acknowledges that they alone have determined that the Product will meet their requirements as to the intended use of said products in all cases. The buyer must know and observe all prohibitions of use applicable to the product/s.
All instructions on how to use the product are contained in the products User Manual delivered with the product. Electronic copy of the User Manual can also be downloaded from the website www.waldpass.com. No other instructions on usage or performance of the products are to be considered relevant other than the User Manual.
The seller shall not be responsible for the buyer’s programming of programmable product/s.
WALDPASS guarantees warranty coverage for a period of 2 years.
The products purchased directly from WALDPASS through www.waldpass.com are automatically registered in our registered products database, but keep your original purchase invoice in case of a required service under warranty.
LEGAL GUARANTEE OF CONFORMITY FOR PRODUCTS
WALDPASS is responsible for material defects of the product.
A defect shall exist:
1) if the item lacks the qualities required for its regular use or circulation;
2) if the item lacks the qualities required for the specific purpose the buyer intends to use it for, and where was known or should have been known to the seller.
3) if the item lacks qualities and characteristics which were agreed or stipulated expressly or by implication;
4) where the seller has delivered the item not equal to the sample or model, unless the
sample or model have been shown for information only;
5) if the item lacks qualities otherwise inherent to other things of the same kind and
which the buyer could have reasonably expected in accordance with the nature of the
item, taking into consideration public statements of the seller, the manufacturer and their representatives on the qualities or characteristics of the thing (particularly in advertising or on labelling etc.);
6) if the item has been badly assembled provided that the service of assembly is included in the performance of the contract of sale;
7) if bad assembly is a result of deficiencies in the instructions for assembly.
Buyer shall notify the seller of any visible defects within the period of two months from the day when he discovered the defect. Where after the buyer receives a thing becomes apparent that the thing has a defect that could not have been discovered by usual inspection when the delivery was taken, the buyer shall, under threat of losing the right, notify the seller thereof within the period of two months, not including the day when the defect was discovered, or without delay in respect of a commercial contract.
The seller shall not be liable for defects arising after the expiry of two years since the thing was delivered. ) The rights of a buyer who has notified a seller of the existence of a defect in due time shall extinguish after two years, counting from the day the notice was sent to the seller, unless the seller deceived the buyer into failing to exercise his rights
A buyer who notified the seller of a defect in due time may:
1) request that the defect be eliminated by the seller; or
2) request from the seller delivery of another item without defects; or
3) request a price reduction.
A buyer may terminate a contract only after having allowed the seller a subsequent adequate time limit to perform the contract.
A buyer may terminate a contract even without allowing for a subsequent time limit if the seller, after having been notified of the defects, informed the buyer of his intention not to perform the contract or if the circumstances of the particular case render it obvious that the seller will not be able to perform the contract even within the subsequent time limit, as well as in the case where the buyer due to default by the seller may cannot achieve the purpose for which he entered into the contract.
If the seller fails to perform the contract within the subsequent time limit, the contract is terminated by law, but the buyer may continue it if he intimates to the seller without delay that the contract is to remain in force.
When the buyer is a legal entity, the rules on material deficiency prescribed by Croatian Civil Obligations Act apply to him.
RIGHT OF WITHDRAWAL
Consumer have a period of 14 days to withdraw from a distance contract, without giving any reason for that decision.
The withdrawal period shall expire after 14 days from:
a) the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods;
b) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
c) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
d) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good.
If the trader has not provided the consumer with the information on the right of withdrawal, the withdrawal period shall expire 12 months from the end of the initial withdrawal period.
If the trader has provided the consumer with the information within 12 months from the expiration day mentioned above, the withdrawal period shall expire 14 days after the day upon which the consumer receives that information.
Acknowledgment of receipt of the withdrawal statement shall be delivered by the seller to the consumer without delay, to the physical or e-mail address. With the confirmation, WALDPASS will provide the consumer with the RMA number and instructions for returning the product.
In the event of termination of the contract, each party is obliged to return to the other party what it received under the contract.
Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
The consumer is obliged to return the goods to: WALDPASS D.O.O., Velika cesta 35, 10 000 Zagreb, Croatia.
WALDPASS as trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
WALDPASS shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
Unless the trader has offered to collect the goods himself, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader. The deadline shall be met if the consumer sends back or hand over to the trader the goods before the period of 14 days has expired.
Consumer shall bear all costs of product return.
The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
In order for the consumer to determine the nature, characteristics and functionality of the goods, he can handle the goods and inspect the goods only in the way that is usual when buying goods at the seller's premises. The goods that the buyer intends to return within 14 days must not be modified, used, or taken in particular any actions that may not be taken at the seller’s premises, as well as those that would reduce the value of the goods.
In the event of a decrease in the value of the product resulting from the handling of the goods seller will be charged from the amount of the purchase price received to the extent of reducing the value of goods at its own discretion taking into account the objective criteria of each case.
The right to terminate the contract of sale is not allowed in the following cases when:
1. the subject of the contract is goods made to the consumer's specification or which are clearly tailored to the consumer
2. the consumer has specifically requested a visit from the trader for urgent repairs or maintenance work, provided that during such a visit, in addition to those services that the consumer has explicitly requested, the trader provides some other services, or delivers other goods than necessary to perform emergency repairs or maintenance work, the consumer has the right to inilaterally terminate the contract in relation to these additional services or goods.
Execution of product returns
The buyer is obliged to return the product to WALDPASS complete, in the condition in which it was delivered to him and in the original packaging (commercial packaging in which the goods were delivered), with all associated parts and documentation. The buyer is obliged to return the products to WALDPASS at his own expense to the address Velika cesta 35, Zagreb, Croatia.
All complaints in accordance with Article 10 of the Consumer Protection Act, the consumer can send by e-mail to email@example.com or by mail to the address: Velika cesta 35, Zagreb, Croatia.
In order for the WALDPASS to respond to a written complaint from consumer that has not been sent by e-mail, consumers are asked to provide accurate information about their name and address to which the reply will be sent.
WALDPASS must legally respond to the consumer's complaint in writing no later than 15 days from the date of receipt of the complaint.
In the event of a dispute, WALDPASS and the consumer will try to resolve the dispute amicably, and if this is not possible, the court with substantive and territorial jurisdiction shall be competent for the dispute resolution.
Dispute resolution is possible before the Court of Honor of the Croatian Chamber of Commerce or other meditation centers.
Consumer disputes can be resolved through the European Commission's ODR platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN