General terms of purchase
General provisions
The website www.podrum.hr is owned by the company Tulip trade d.o.o., Vrtna 1, 10451 Pisarovina. Use of the services and content of the website is governed by these Terms of Use.
The terms of use prescribe the conditions and rules for end users and refer to the use of the podrum.hr website. By using the website, end users express that they agree with the General Terms and Conditions of Business and Use and agree to use the website in accordance with them.
All materials on the www.podrum.hr website are the intellectual property of Tulip trade d.o.o. and may be used only with the express permission of the copyright holder and the trademark and / or design right holder.
The user can send their inquiries and comments in writing, by mail or e-mail, and Tulip trade d.o.o. will send a written response by mail or e-mail within the legal deadline.
Basic terms
In terms of these terms of sale, the buyer is a natural or legal person who orders at least one product through the podrum.hr website, fills in the required information and pays for the ordered product.
If data on a legal entity are entered in the customer data, then the customer is considered a legal entity, and the natural person whose data are entered is considered an authorized person of the customer.
Personal data and business ability
For a valid product order, the person filling the order must be over 18 years of age (legal capacity). The buyer is responsible for the accuracy and completeness of the data entered during registration.
Protection of personal data
Personal data is considered to be your identification data: name and surname, e-mail address, home address and telephone number, ie data that are not otherwise publicly available, and for which Tulip trade d.o.o. find out during your use of the Internet store.
Tulip trade d.o.o. undertakes to use your personal data only for identification purposes when using the Internet store, in order to enable you to use all the options they provide, and will keep it secret, ie will not distribute, publish, give it to third parties for use or make it available in any other way to any third party without your prior consent.
Statement on the protection and collection of personal data and their use
Tulip trade d.o.o. undertakes to provide protection of personal data of customers, by collecting only the necessary, basic data on customers / users that are necessary to fulfill our obligations; informs customers about how to use the collected data, regularly gives customers a choice about the use of their data, including the ability to decide whether or not to have their name removed from the lists used for marketing campaigns. All user data is strictly kept and is only available to employees who need this data to do the job. All employees of Tulip trade d.o.o. and business partners are responsible for adhering to the principles of privacy.
Electronic communication
By visiting the pages of our Internet store, you communicate electronically. You hereby accept that all agreements, notices, communications and other content provided to you electronically meet the legal framework as if they had been realized in writing.
Price
Tulip trade d.o.o. undertakes to clearly, visibly and legibly indicate the amount of the retail price in accordance with Article 7. Of the Consumer Protection Act (OG 41/14).
Tulip trade d.o.o. will periodically, in accordance with its decision, put certain products on sale at a price lower than the price of those products in regular sales, and also undertakes to clearly visibly and legibly mark and state the duration of the sale.
After the expiration of the promotional sale, the company Tulip trade d.o.o. will not receive orders under terms relating to expired promotional sales.
Product availability
Due to the large number of orders that are submitted to podrum.hr at the same time, it may happen that the information on product availability is not identical to the situation in the warehouse.
If the ordered product is not available in stock, Tulip trade d.o.o. will inform the customer that the product is currently not available, the period within which the product is available and also offer the possibility of purchasing an alternative product from Tulip trade d.o.o. which is available for delivery and which is closest in its characteristics to the product that cannot be delivered.
Shipping
Products can be ordered for delivery in the Republic of Croatia, according to the conditions that apply to each delivery area. Tulip trade d.o.o. undertakes to deliver the ordered product within 15 days from the date of conclusion of the contract.
Delivery is performed in accordance with the terms of use of the delivery service, and is considered completed at the time of delivery of the product to the delivery service.
If the product sent to the buyer or recipient is returned to Tulip trade d.o.o. because the delivery service failed to make the delivery, the customer will be notified by e-mail and will be offered the option of resending.
Order and moment of concluding the contract
Products are ordered by selecting, using the menu and filling out the electronic form. The product is considered ordered when the customer goes through the entire ordering process.
Payment for ordered products can be made in the following ways:
- By card payment
- I’ll take it
- General payment / bank transfer / e-banking
At the time the order was received, Tulip trade d.o.o. will electronically inform the customer in the form of an e-mail that the order has been received or that the product has been successfully ordered.
If you do not receive the notification from the previous paragraph, it is recommended to check:
- whether the message is in the Junk / Spam folder
- whether the mailbox is full
- whether the items are in the basket, and if not it is necessary to repeat the ordering process
After the shipment is picked up by the delivery, the buyer will be notified by e-mail that the shipment has been sent.
In the case of payment by e-banking and general payment, the contract is considered concluded at the time when Tulip trade d.o.o. receive confirmation that the order amount has been paid.
If the product is ordered, and e-banking or general payment is chosen as the method of payment, Tulip trade d.o.o. undertakes to reserve the product in the warehouse for 3 working days, not including Saturday. After the expiration of 3 working days from the receipt of the order, Tulip trade d.o.o. does not guarantee product availability.
The price of postage is not included in the price of the product.
For all orders worth up to HRK 500.00, the delivery price is HRK 40.00. For orders over HRK 500.00, delivery is free (By selecting the free delivery option in the menu).
If the form of payment is payment by e-banking or general payment slip, and Tulip trade d.o.o. does not dispose of the ordered product due to lack of goods in stock, the buyer will be notified within a reasonable time and Tulip trade d.o.o. in agreement with the buyer, make a refund of the paid funds.
In the case of the above payment, the buyer is responsible and bears the risk for the accuracy and truthfulness of the submitted data, given that Tulip trade d.o.o. make a refund in accordance with the submitted data.
Unilateral termination of the contract
You can terminate the contract unilaterally within 14 days without giving a reason.
In order to exercise the right to unilaterally terminate this Agreement, you must notify us of your decision to unilaterally terminate the contract before the deadline by an unequivocal statement sent by e-mail to info@podrum.hr, stating your name, address, telephone, fax or e-mail address.
Material defects of the product and complaints
If the buyer notices material defects of the delivered product provided by Article 401. Of the Law on Obligations and for which the Seller is responsible according to Article 400. Of the Civil Obligations Act, the buyer may, at his option, according to Article 410. of the same law:
1) require the seller to eliminate the defect,
2) require the seller to hand over another thing to him without defect,
3) declare that it terminates the contract (according to Article 412 of the Civil Obligations Act – if it has previously given the seller a subsequent appropriate deadline for fulfillment of the contract. or if it is clear from the circumstances of the particular case that the seller will not be able to fulfill the contract even at a later date, as well as in the case when the buyer cannot achieve the purpose for which he concluded the contract due to the seller’s delay).
If the seller does not fulfill the contract within a later period, it is terminated by law, but the buyer can maintain it if he declares to the seller without delay that he keeps the contract in force.
The same applies in the case of performance with a lack of obligation in which performance within a certain period is an essential component of the contract.
The buyer loses the right to terminate the contract due to lack of the thing when it is impossible for him to return the thing or return it in the condition in which he received it.
However, the buyer may terminate the contract due to a defect if the item is completely or partially failed or damaged due to a defect that justifies the termination of the contract, or due to an event that does not originate from him or a person for whom he is responsible.
The same applies if the item is completely or partially damaged or damaged in fulfillment of the customer’s obligation to inspect the item, or if the customer spent or changed a part of the item during its regular use before the defect was discovered and if the damage or change is meaningless.
The buyer who, due to the impossibility to return the thing or to return it in the condition in which he received it, lost the right to terminate the contract, retains other rights given to him by law due to the existence of a defect.
After the buyer sends a written notice to the seller to the e-mail address info@podrum.hr and if it is determined that the complaint is justified Tulip trade d.o.o. will eliminate the defect in accordance with the agreement with the customer.
The return to the seller of the product with the observed defect is realized by the buyer at the expense of the seller.
All goods we sell are properly stored in the original packaging.
An online dispute resolution platform
By special regulations of the European Union, from 15.02.2016, throughout the EU, disputes related to online purchases will be possible to resolve through the ODR platform. The Dispute Resolution Platform is available at http://ec.europa.eu/consumers/odr/.
This means that if you encounter a problem during an online purchase within the EU or disputes related to online ordering, first try to resolve it without the involvement of the courts.
This link can be used by consumers for cross-border consumer disputes. For consumer disputes in relation to traders from the Republic of Croatia, this possibility does not exist until the procedure is supported by the necessary legislation by the authorized bodies of the Republic of Croatia.
