Conditions of Use
1. TERMS USED IN THE CONDITIONS OF USE
1.1. SELLER AND SELLER’S WEBSITE
The Seller and owner and thus the holder of all the rights from the Conditions of Use and Privacy Policy on the domain www.the-pearl-of-pannonia.com is the company THE PEARL OF PANNONIA d.o.o. for production and services (hereinafter: THE PEARL OF PANNONIA, Seller, we, us, etc.) which through its website www.the-pearl-of-pannonia.com and related subsites including the webshop (hereinafter referred to as: Website) acts on its own behalf and provides its products and services to the User and the Customer.
1.2. SELLER INFORMATION (IMPRINT)
GENERAL INFORMATION
a) Name: The Pearl of Pannonia limited liability company for production and services
b) Abbreviated name: The Pearl of Pannonia d.o.o.
c) Headquarters address: Trg Republike 24, HR-40305 Nedelišće
d) Authorized representative: Karlo Tkalčec, director
e) Commercial register: Commercial Court in Varaždin, number Tt-18/3230-2
f) Company registration number (CRN): 070163690
g) Personal identification number (PIN): 20970102715
h) VAT ID: HR 20970102715
BANK INFORMATION
i) Commercial bank: Privredna banka Zagreb d.d.
j) IBAN: HR2623400091110958027
k) BIC/SWIFT: PBZGHR2X
CONTACT INFORMATION
l) E-mail address: info@the-pearl-of-pannonia.com
m) Phone number: +385 (0)98 925 4702
ONLINE DISPUTE RESOLUTION
Consumer disputes may be resolved through alternative dispute resolution (ADR) bodies in accordance with applicable consumer protection regulations. Information on consumer rights and available dispute resolution mechanisms is provided by the European Commission and national consumer protection bodies:
https://consumer-redress.ec.europa.eu/index_hr
https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en
1.3. USER
User (or visitor, hereinafter referred to as: User) is any legal or natural person who through the Seller’s Website receives all necessary information about the offer of products and services of the Seller and based on them makes or does not make a decision to purchase products and/or use services, in the manner governed by the Conditions of Use.
1.4. CUSTOMER
Customer (or consumer, hereinafter referred to as: Customer) is any natural person who through the Seller’s Website, and after reviewing the Seller’s product offer makes a decision to purchase products and/or use services, in the manner governed by the Conditions of Use, or which enters into a legal business or operates on the market outside its trade, business, craft or professional activity.
1.5 DISTANCE CONTRACT
A distance contract is a contract concluded between the Seller and the Customer within an organized system of selling or providing a service without the simultaneous physical presence of the Seller and the Customer in one place, using only one or more means of remote communication.
1.6. REMOTE COMMUNICATION MEANS
Remote communication means are all means that can be used for concluding a distance contract without the simultaneous physical presence of the Seller and the Customer in the same place at the same time.
2. GENERAL PROVISIONS
These Conditions of Use represent the obligations of the Seller in accordance with the provisions of the Consumer Protection Act (Zakon o zaštiti potrošača) and serve as a pre-contractual notice so that the User (or Customer) before concluding a distance sales contract is informed in a clear and understandable manner about a number of circumstances which are important for the conclusion, execution and termination of the contract.
Before using the Website, the User is obliged to carefully read all the above conditions in order to purchase products and/or services or obtain information about them, because by his use of the Website it will be considered that the User is aware of these Conditions of Use at all times and that he understands and accepts them.
The Conditions of Use are used as a prerequisite for a distance contract, and the User (or Customer), is obliged to accept them before confirming the order with the desired products and/or services and at the stated prices and is thus considered to be familiar with and agree with them.
In case of additional questions or ambiguities related to the Conditions of Use, the User (or Customer) may contact the e-mail address info@the-pearl-of-pannonia.com.
2.1. LIMITATION OF USE AND LIABILITY
2.1.1. USE OF THE WEBSITE
The Seller reserves the right to change or amend the Conditions of Use at any time, without prior notice to the User. The changes take effect on the day of publication on the Website. If the User continues to use the Seller’s Website in accordance with the mentioned changes, it will be assumed that the User is aware of and agrees with these changes and accepts them as such.
The Seller is released from any responsibility for the consequences that may arise due to ignorance and failure to act in accordance with the stated Conditions of Use, whereby the User is fully responsible. If the User does not agree and does not accept the stated Conditions of Use, then he has no right to use the Seller’s Website for the purpose of purchasing products and/or services or to obtain information about them.
Conditions of Use are also provided by e-mail in PDF format after the purchase of products and/or services. The Customer is bound by the Conditions of Use provided to him by e-mail in PDF format.
It is the duty and obligation of the User to use the Website in accordance with positive regulations and general moral and ethical principles. The Seller has the right to control the content of the Website at any time to ensure compliance with the Conditions of Use and applicable regulations. The Seller has the right to restrict access as well as the provision of services to the User who violates the provisions of these Conditions of Use. The user agrees that he will use the Website and place product and/or service orders on it in a manner that:
Korisnik je suglasan da će koristiti Web-stranicu i obavljati narudžbe proizvoda i/ili usluga na istoj na način da:
- does not damage the authors or third parties,
- uses it exclusively for inquiries and legally valid orders,
- does not use it to place fake orders,
- when ordering, provides accurate and complete information requested from him,
- accepts all risks of using the Website and services,
- does not intentionally install malicious computer programs or other harmful content,
- does not access the Website without authorization, does not carry out distributed denial of service attacks or the like.
If the User does not agree with the above, he is obliged to stop using the Website and the services provided through it. The Seller is in no way responsible for the damage that the User may suffer by using the Website.
The Seller allows you to use the Website in the best possible way. These include monitoring server performance, expanding capacity according to the number of Users, Customer support, and troubleshooting system errors and problems. The Seller does not take responsibility for any problems with the Website. The Seller cannot guarantee that the use of the Website will not be interrupted or temporarily unavailable.
When we provide appropriate links to visit other websites of other persons, they are not owned by the Seller and these Conditions of Use in the case of use of the website in question do not apply to the Seller and the Customer. Visiting these sites is entirely at the User’s own risk and the Seller bears no responsibility.
2.1.2. WEBSITE CONTENT
The content of the Website (including but not limited to text, graphics, logos, button icons, photographs, audio and video clips, etc.; hereinafter combined: content) is protected by copyright. All copyrights, trademarks and other intellectual property rights of the contents of the Website belong to THE PEARL OF PANNONIA or to persons who have given permission to use these rights. We also use content (photos, information, videos) originating from our Users and Customers, for which we have their valid authorization. Modification, rental, sale, distribution or any other use of the content is possible only with the prior written permission of the Seller.
The Seller reserves the right to publish content in English in cases where the name of the product, parts thereof or functions are in English; on expressions in English that are generally accepted in the Croatian language, i.e., when it is a common terminology and when there is a risk that significant information cannot be translated accurately enough into the Croatian language without losing its meaning and significance.
The Seller reserves the right to grant the right to publish any material, parts of the Website to a third party only in the case of a contract governing the rights and obligations of the Seller and a third party that publishes information.
Any contrary use of the content of the Website that does not comply with the Conditions of Use or unauthorized use of the visual identity of the Seller will be considered inadmissible or illegal and the Seller has the right to claim damages and initiate civil and criminal proceedings against the User for unauthorized use.
Seller reserves the right to change, supplement or discontinue any part of its business at any time and without prior notice, including the Website, or any part thereof, subsites, assortment and prices of products and services provided through them. The law in question includes, but is not limited to, changing the time of availability of content, the availability of new data, the method of transmission. These changes take effect upon publication on the Website.
Seller will not be liable for any possible consequences arising from such changes and disclaims all liability that may arise in any way from the use of its Website and the consumption of its content.
The Seller places all materials, photographs and texts on the Website in good faith to make it easier for the Customer to make a choice when making a purchase. The Seller does not guarantee that the photos of the product fully correspond to the appearance of the product itself. The Seller reserves the right to make errors in the description and image of the product set according to the information provided by the manufacturer. Differences between the actual product, the photo of the product and the product described on these sites are possible if the manufacturer and/or the supplier changes any of the characteristics or content of the product. All descriptions are checked regularly and in detail.
Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital data, we do not guarantee the accuracy and security of information transmitted or collected through this Website, unless expressly stated otherwise on this Website. The Seller reserves the right to make errors in the description and image of the product set according to the information provided by the manufacturer.
2.1.3. USER-GENERATED CONTENT
All suggestions, ideas, inquiries, materials, files, photos, feedback or other information received by the Seller from the User will be considered non-proprietary and non-confidential, and by sending such information the User provides the Seller with non-exclusive, free, fully sublicensed right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works, distribute and display such information in any form, medium or technology, whether now known or later developed, independently or as part of a cooperation with others.
The User also acknowledges that the content he generates cannot be returned and the Seller may use that content and any ideas, concepts or knowledge contained therein, for any purpose including the development, production, distribution and marketing of the product.
The User agrees not to generate content that is illegal, harmful, offensive, obscene, offensive, intrusive, intrusive, harassing, hateful, racist, pornographic, violent or otherwise inappropriate or inappropriate under the Conditions of the Seller.
The User agrees not to post any user-generated content that contains personal information about any individual, violates the privacy/reputation of any other individual or entity or anything you are under contractual obligations must be kept private or confidential; that he will not falsely represent any person or organization, including the staff of THE PEARL OF PANNONIA, nor falsely represent an affiliation with another person or organization; that it will not publish any content that contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Website. The Seller has the right to refuse to publish, delete, redesign and edit all content generated by the User, at its discretion.
2.1.4. CUSTOMER REVIEWS
We are investing in the development of the review process. We do not practice or encourage the submission of false Customer reviews or recommendations, or ordering from another legal or natural person to submit them, or misrepresenting Customer reviews or social recommendations to promote a product. Our reviews are subject to the Customer identity verification process, and we make every effort to ensure that the published reviews come from Customers who purchased and/or used the product. We have no influence on reviews left through Google and Facebook accounts, and we cannot influence their technical preferences regarding the verification of the identity of Customers who provide reviews.
The Seller reserves the right to proofread comments and reviews of Customers on its Website and publish them in other marketing materials.
2.1.5. PURCHASE AND USE OF PRODUCTS
When purchasing any product, which is the subject of copyright or intellectual property rights, the Seller does not grant any additional rights of use and publication, except for the expressly granted right or permission from the manufacturer of the product.
The Seller is not responsible for any harmfulness, ineffectiveness or allergic reactions caused by the use of his products. The User is obliged to review the product description before purchasing in order to be informed about the suitability of the product.
3. PRODUCT PURCHASE
3.1. MAIN FEATURES OF THE PRODUCT
The Customer gets acquainted with the main features of the product on the Website www.the-pearl-of-pannonia.com. THE PEARL OF PANNONIA 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.
Product search is possible by different criteria. By typing a certain term into a search bar, products related to the specified term will appear. The Customer can choose a specific product that interests him and read the available product description so that he can independently decide whether the product meets his needs.
3.2. CONTRACT CONCLUSION PROCEDURE (MAKING A PURCHASE)
The purchase is made electronically in a few simple steps through the Website. The purchase is made by ordering available products that the Customer chooses based on photos and descriptions. In the case of products that come in multiple sizes, the Customer is obliged to select the size of the product in the corresponding menu. After selecting the desired product, the Customer adds it to the cart. The maximum quantity that may be purchased is 9 pieces per individual product. The Customer then chooses whether to complete the purchase as a registered User or as a guest. In both cases, the Customer is obliged to fill out the order form and select the desired payment method.
When filling out the form, the Customer is obliged to correctly enter all the information required therein. The purchase can be made with the confirmation of the Customer that he has understood the Conditions of Use and that he accepts them. Purchase is possible 24 hours a day, 7 days a week. The Seller is not responsible for the costs of using computer equipment and telecommunications services required to access the service. The Seller is not responsible for costs incurred due to incorrectly entered data.
It is not possible to continue the purchase without checking the box “I accept the conditions of purchase and understand that this is an order with an obligation to pay.” By checking the box, the Customer confirms that he has read and understood these Conditions of Use and that he agrees with them. If the Customer agrees with the purchase of products that are in the cart, he can click on the “Pay” icon.
After the Customer places the order, the Seller will send the Conditions of Use to the Customer’s e-mail address together with the order confirmation and its number confirming that the Customer’s order has been received and is being processed. This automated e-mail does not constitute acceptance of an offer to conclude the contract.
After checking the order (product availability and correct prices), the Seller will send to the Customer a confirmation of the concluded sales contract to his e-mail address together with a confirmation that the package has been sent.
In connection with any inquiry, the Customer may contact THE PEARL OF PANNONIA by e-mail at info@the-pearl-of-pannonia.com.
If the Customer does not receive the ordered products (that he paid for) within the agreed delivery period, he is obliged to inform THE PEARL OF PANNONIA about the same at the e-mail address info@the-pearl-of-pannonia.com.
In the event that the Seller is unable to deliver some of the ordered products, an employee of THE PEARL OF PANNONIA will contact the Customer by e-mail or phone for the purpose of arranging the delivery of a replacement product of the same price range, or will inform him of the impossibility of delivery of the replacement or ordered product. In this case, the Customer has the right to unilaterally terminate the contract.
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 guardians.
3.3. SALES CONTRACT
The conclusion of sale contract via the Website www.the-pearl-of-pannonia.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. Concluding a contract through the Website represents a distance contract.
The content of the Website is available in Croatian and English language. The official language for concluding sales contracts is Croatian. Croatian law applies to concluded sales contracts.
3.4. PRODUCT PRICE AND PAYMENT METHODS
The price of the product will be the one listed at all times on our Website, except in the case of an obvious error. Although we make every effort to ensure that the prices listed on the Website are correct, an error may occur. If we discover an error in the price of an ordered product, the Customer will be notified as soon as possible and will have the option of confirming the order at the correct price or canceling the order. If we are unable to contact the Customer, the order will be considered canceled, and all amounts paid will be reimbursed in full.
Product prices are retail. Product prices and delivery prices are expressed in euros (symbol: EUR or €) and include the corresponding VAT.
The Customer can pay for the ordered products and delivery according to the model that he selects while completing the order.
Payment for the product can be made:
- by cash on delivery
- by general payment slip / bank transfer / internet banking
- by credit and debit card (Mastercard, Maestro and Visa)
- via PayPal and KEKS Pay applications
The processing of personal data in the payment process is described in the Privacy Policy.
3.4.1. PAYMENT UPON RECEIPT OF THE PACKAGE (CASH ON DELIVERY)
When paying by cash on delivery, the Customer is obliged to pay for the products only when taking them over. The invoice for the ordered product must be paid to the courier upon delivery of the ordered products. Payment to the courier is possible in cash. When selecting this payment method, an additional fee of 3 € will be charged.
3.4.2. PAYMENT BY DIRECT BANK TRANSACTION (GENERAL PAYMENT SLIP / BANK TRANSFER / INTERNET BANKING)
The option of payment by direct bank transaction enables payment by internet banking, mobile banking, at the bank, post office and the like. By selecting this option when ordering the product, the Customer will receive the information needed to make the payment to his e-mail address. The delivery process begins when the Seller registers the payment in his system.
If the Customer does not receive an e-mail with order details and payment information, it is recommended to check the spam folder.
3.4.3. PAYMENT BY CARD
When using credit and debit cards, payment authorization is done automatically. In case of unsuccessful payment authorization, the purchase process is terminated. The Customer is responsible for the accuracy of the information provided while using the Website.
The agreed purchase price includes VAT and is expressed in euros. Please note that the means of payment in the Republic of Croatia is the euro, and the Customer is obliged to pay the currency conversion fee.
3.4.4. PAYMENT VIA APPLICATIONS (PAYPAL / KEKS PAY)
By selecting the desired application (PayPal / KEKS Pay), the Customer will be redirected to the user interface of the selected application where he is obliged to enter the required data or log in to the system to approve payment and complete the purchase.
4. DELIVERY
THE PEARL OF PANNONIA delivers orders within the Republic of Croatia and European Union. We send the ordered products via the delivery service as a package within 3 working days from the day of receipt of the order, i.e., the payment. Exceptionally, due to a particular product being sold out, unforeseen circumstances, and possible delays in the delivery of our suppliers, it is possible that delivery takes slightly longer than the specified deadline, of which the Customer will be notified by e-mail.
4.1. EXECUTION OF DELIVERY
The Seller uses a third-party fulfillment service provider for storage, packaging, and delivery of products. The fulfillment provider may engage various courier and logistics companies (such as GLS, DPD, UPS, DHL, etc.) for the purpose of delivery.
The delivery time depends on the business of the delivery service, and – depending on the country of delivery – usually takes 1 to 7 working days.
Delivery within 1 to 3 working days: CROATIA, SLOVENIA, HUNGARY, AUSTRIA
Delivery within 2 to 4 working days: CZECHIA, SLOVAKIA, GERMANY, ITALY
Delivery within 3 to 5 working days: FRANCE, BELGIUM, NETHERLANDS, LUXEMBOURG, DENMARK
Delivery within 4 to 6 working days: LITHUANIA, LATVIA, ESTONIA, ROMANIA, BULGARIA
Delivery within 5 to 7 working days: GREECE, SPAIN, PORTUGAL, IRELAND, SWEDEN, FINLAND
The ordered products are delivered to the entrance of the residential building, in accordance with the rules of the delivery company.
4.2. DELIVERY COST
The cost of delivery is not included in the price of the product and is calculated at the end of the order process.
Delivery within the Republic of Croatia is free of charge for orders with a total value above 45 €. If the total order value is 45 € or less, delivery cost is borne by the Customer.
Delivery to other Member States of the European Union is free of charge for orders with a total value above 144 €. If the total order value is 144 € or less, delivery cost is borne by the Customer.
The stated thresholds for free delivery and the applicable delivery costs may be temporarily changed during special promotional campaigns. Furthermore, the Seller reserves the right to change the thresholds for free delivery and the applicable delivery costs at any time without prior notice to the Customer. Such changes shall not affect orders that have already been confirmed by the Seller.
Delivery costs is calculated based on the total product weight of the order and is divided into three weight categories. The maximum total product weight per order is 9 kg. The total product weight will be clearly displayed in the cart and during the checkout process.
The exact delivery cost will be clearly displayed to the Customer during checkout, prior to order confirmation. The corresponding delivery cost for each state and product weight category can be viewed in the drop-down menu below.
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 6 € |
| > 1,5 – 4,5 kg | 0 € |
| > 4,5 – 9 kg | 0 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 12 € |
| > 1,5 – 4,5 kg | 15 € |
| > 4,5 – 9 kg | 18 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 15 € |
| > 1,5 – 4,5 kg | 18 € |
| > 4,5 – 9 kg | 21 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 24 € |
| > 4,5 – 9 kg | 30 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 27 € |
| > 4,5 – 9 kg | 36 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 27 € |
| > 4,5 – 9 kg | 36 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 27 € |
| > 4,5 – 9 kg | 36 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 27 € |
| > 4,5 – 9 kg | 36 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 18 € |
| > 1,5 – 4,5 kg | 27 € |
| > 4,5 – 9 kg | 36 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 24 € |
| > 1,5 – 4,5 kg | 45 € |
| > 4,5 – 9 kg | 54 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 24 € |
| > 1,5 – 4,5 kg | 45 € |
| > 4,5 – 9 kg | 54 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 24 € |
| > 1,5 – 4,5 kg | 45 € |
| > 4,5 – 9 kg | 54 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 33 € |
| > 1,5 – 4,5 kg | 54 € |
| > 4,5 – 9 kg | 63 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 24 € |
| > 1,5 – 4,5 kg | 45 € |
| > 4,5 – 9 kg | 54 € |
| Product weight | Delivery cost |
|---|---|
| ≤ 1,5 kg | 24 € |
| > 1,5 – 4,5 kg | 45 € |
| > 4,5 – 9 kg | 54 € |
Delivery is performed in accordance with the Conditions of Use of the delivery service, and is considered completed at the time of handing over the product to the delivery service.
After handing over the package to the selected delivery service, the Seller will send the package number and a link to track the shipment to the Customer by e-mail. Unfortunately, the Seller is not able to influence the further speed of delivery and possible issues related to the delivery itself caused by the delivery service. For each shipment, the Customer certifies and signs the delivery receipt upon receiving the shipment.
Delivery is usually carried out on working days between 8 a.m. and 5 p.m. Delivery time cannot be selected.
If the Customer is not at the delivery address when attempting delivery, the delivery service will leave a notice with the shipment number and further instructions for the Customer. This notice is also available online at the shipment tracking link.
When the Seller delivers the product to the Customer through the delivery service, the Customer is obliged to pick it up by signing the delivery receipt, which confirms that the product has been properly delivered.
Delivery deadlines do not include:
- day of receipt of the order/request,
- delays due to incorrect and incomplete Customer address,
- delays due to force majeure or other reasons for which the Seller is not at fault,
- non-working days if they represent the beginning or the end of the deadline.
The POSTE RESTANTE option (pick up at the post office) is not available when using cash on delivery.
4.3. RECEIPT OF SHIPMENT
All products are packaged and protected so that they cannot be damaged by normal handling during transport. When taking over the delivered products, the Customer must inspect the shipment and determine whether there is any visible external damage to the shipment and/or the products within the shipment and should immediately complain to the delivery worker and refuse to take over the delivered products with visible damage.
We recommend to open the shipment in front of the courier and compare the delivered products with the invoice, and if something is missing or products that have not been ordered are delivered, to complain about them to the courier immediately.
When taking over the delivered products, the verification of the correctness of the order depends on the Customer. By signing the receipt of the shipment, the Customer confirms that he has received the undamaged package, i.e., it is considered that the Customer has determined by inspecting the shipment that the taken products are without damage, that they correspond quantitatively and qualitatively to the products from the invoice. If the Customer refuses to take over the ordered and paid products without a valid reason, the Seller has the right to ask the Customer to reimburse the costs of handling, transportation and other possible costs.
Unreceived packages are kept by the Seller for a maximum of 14 days from the failed delivery/pick-up notice, in which the package can be picked up as arranged. After that, the contract is considered terminated and the money paid for the product will be refunded.
5. MATERIAL DEFECTS
The Seller is responsible for material defects of the product, in accordance with applicable regulations. The Customer is obliged to notify the Seller of the existence of visible defects within two months from the date of discovery of the defect, and no later than two years from the transfer of risk to the Customer.
5.1. MATERIAL DEFECTS FOR WHICH THE SELLER IS NOT RESPONSIBLE
- The Seller is not responsible for any defects that appear after two years from the delivery of the product.
- The Seller is not responsible for a minor material defect.
- The Seller is not liable for defects if they were known to the Customer at the time of concluding the contract or could not remain unknown to him.
5.2. MATERIAL DEFECTS FOR WHICH THE SELLER IS RESPONSIBLE
- The Seller is liable for material defects of the product that it had at the time of the transfer of risk to the Customer, whether or not he was aware of it.
- The Seller is liable for material defects that occur after the transfer of risk to the Customer if they are the result of a cause that existed before.
- The Seller is liable for material defects that the Customer could easily notice if he stated that the item has no defects or that the item has certain properties or characteristics.
The defect exists:
- if the item does not correspond to the description, type, quantity and quality, i.e., if it does not have the functionality, compatibility, interoperability and other features as it is determined by the sales contract,
- if the item is not suitable for any special purpose for which the Customer needs it and with which the Customer informed the Seller at the latest at the time of concluding the contract and in relation to which the Seller gave his consent,
- if the item is not delivered with all additional equipment and instructions, including installation instructions, as stipulated in the sales contract,
- if the item has not been delivered with updates as determined by sales contract,
- if the item is not suitable for use for purposes for which the item of the same type would normally be used, taking into account all European Union and Croatian regulations, technical standards or, in the absence of such technical standards, applicable codes of conduct in a particular area if any exist,
- if the item does not correspond to the quality and description of the sample or model that the Seller made available to the Customer before concluding the contract
- if the item is not supplied with additional equipment, including packaging, installation instructions or other instructions, the receipt of which the Customer can reasonably expect,
- if the item does not correspond to the quantity or does not have those properties and other characteristics, including those related to durability, functionality, compatibility and safety, which are common to the item of the same type and which the Customer can reasonably expect given the nature of the item, public statements made by the Seller or other persons in previous stages of the transaction chain, including the manufacturer, or made on their behalf, in particular in advertising or labeling,
- if the item is incorrectly installed or assembled, and the installation or assembly service forms part of the sales contract and was performed by the Seller or the person for whom he is responsible,
- if the item intended to be installed or assembled by the Customer is incorrectly installed or assembled by the Customer and the incorrect installation or assembly is due to a lack of instructions provided by the Seller or, in the case of items with digital elements, which were provided by the Seller or digital content provider or digital service provider.
A defect that has occurred within one year of the transfer of risk is presumed to have existed at the time of the transfer of risk, unless the Seller proves otherwise, or the contrary arises from the nature of the product or the nature of the defect.
If the Customer expected certain properties of the item based on the statements of the manufacturer or his representative, the defect is not taken into account if the Seller did not know or could not have known about these statements, or these statements were refuted by the time the sales contract was concluded or did not affect the decision of the Customer to conclude the sales contract.
5.3. OBLIGATIONS OF THE SELLER AND THE CUSTOMER
If the existence of a material defect is determined, the Seller may have one of the following obligations, all in accordance with the provisions of the Civil Obligations Act (Zakon o obveznim odnosima) according to the Customer’s choice:
- removing the defect,
- delivery of another product without defect,
- price reduction.
The Customer may terminate the contract only if he has previously given the Seller a subsequent reasonable period of time to fulfill the contract.
The Customer may terminate the contract without leaving a subsequent reasonable period of time if the Seller has informed him, after the notification of defect, that he will not fulfill the contract or if the circumstances of the case clearly show that the Seller will not be able to fulfill the contract in a subsequent reasonable period of time, as well as if the Customer due to the delay of the Seller cannot achieve the purpose for which he concluded the contract.
If the Seller does not fulfill the contract within the subsequent reasonable period of time, it is terminated by law, but the Customer may maintain it if he declares to the Seller without delay that the contract remains in force.
The Seller is entitled to refuse to remove the defect if repair and replacement are impossible or would incur disproportionate costs taking into account all circumstances, in particular the value of the product without defect, the significance of the defect and the question if the repair or replacement can be done without significant inconvenience to the Customer.
When the Customer is a legal entity, the rules from this section “Material defects” do not apply to him. To legal entities the rules on material deficiency prescribed by the Civil Obligations Act (Zakon o obveznim odnosima) apply.
6. RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
The Customer may unilaterally terminate the contract within 14 days without giving a reason.
The period of 14 days begins from the day when the product is handed over to the Customer or a third party designated by the Customer, who is not a carrier.
If the Customer in one order orders several pieces of products that are to be delivered separately, or if the products are delivered in several pieces or more shipments, the period of 14 days begins from the day when the Customer or a third party designated by the Customer, which is not a carrier, is handed over into possession the last piece or last consignment of the product.
If there is an agreement regarding the regular delivery of products, the period of 14 days begins from the day when the first piece or the first consignment of the product is handed over to the Customer or to a third person designated by the Customer, who is not a carrier.
If the Customer is not notified of the right to terminate the contract, the Customer’s right to unilateral termination of the contract expires after 12 months from the expiration of 14 days.
If the Seller has notified the Customer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract expires after the expiration of 14 days from the time the Customer received the notice.
In order for the Customer to exercise the right to unilateral termination of the contract, he must notify the Seller of his decision to unilaterally terminate the contract before the expiration of 14 days by an unequivocal declaration sent by mail or e-mail, in which he will also state his name and surname, address, telephone number or e-mail address.
The Customer may, at his own discretion, also use the prepared form for unilateral termination of the contract, which can be downloaded here, by filling out the form and sending it by mail to the address The Pearl of Pannonia d.o.o., Trg Republike 24, HR-40305 Nedelišće or by e-mail at info@the-pearl-of-pannonia.com. The confirmation of receipt of the notification, i.e., the declaration of unilateral termination of the contract, will be delivered by the Seller to the Customer without delay, by e-mail, in case of termination of the contract sent by electronic means.
In the event of termination of the contract, each party is obliged to return to the other party what it has received under the contract. If the Customer exercises his right to unilateral termination of the contract, the Seller must without delay, and no later than 14 days from the date of receipt of notification of the Customer’s decision to terminate the contract, return to the Customer everything he paid under the contract. The Seller is not obliged to reimburse the additional costs resulting from the Customer’s explicit choice of mode of transport other than the cheapest type of standard transport offered by the Seller.
Unless the Seller has offered to pick up the product that the Customer wants to return himself, the Seller must return the payment only after the product is returned to him, i.e., after the Customer provides him with proof that he has sent the product back, so that the Seller is informed of this before receiving the product. The Seller must refund the payment using the same means of payment used by the Customer when paying unless the Customer explicitly agrees to another means of payment, and assuming that the Customer is not obliged to pay any additional costs for such refund.
Unless the Seller has offered to pick up the product that the Customer wants to return himself, the Customer must return the product without delay, and no later than 14 days after notifying the Seller of his decision to terminate the contract.
It is considered that the Customer has fulfilled his obligation to return the products on time if he sends the products before the deadline or hands them over to the Seller, i.e., to the person authorized by the Seller to receive the products.
All possible direct costs of returning the product are borne by the Customer himself, i.e., in the case when the product due to its nature cannot be returned by mail in the usual way, these costs are borne by the Customer.
The Customer is responsible for any impairment of the product resulting from the handling of the product other than that which was necessary to determine the nature, characteristics and functionality of the product.
In order to determine the nature, characteristics, and functionality of the product, the Customer may handle and inspect the product only in the manner normally permitted when purchasing a product in a physical store.
In the period in which the Customer exercises the right of return, he must keep the product with due care, i.e., he must behave like a particularly careful and conscientious person.
In the event of impairment of the product as a result of excessive handling of the product, the Seller will assess the impairment of the product by taking into account the objective criteria of each individual case and will inform the Customer about it.
The right to terminate the sales contract is not allowed in the following cases, i.e., when:
- the Seller has fully fulfilled the service contract, and the fulfillment began with the explicit prior consent of the Customer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully fulfilled,
- the subject of a contract is a product or service whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the Customer’s right to unilateral termination of the contract,
- the subject of the contract is a product which is made to the Customer’s specification or is clearly adapted to the Customer,
- the subject of the contract is a perishable product or a product which is rapidly expiring,
- the subject of the contract is a sealed product which due to health or hygiene reasons is not suitable for return, if it was unsealed after delivery,
- the subject of a contract is a product which, due to its nature, is inseparably mixed with other items after delivery,
- the Customer specifically requested a visit from the Seller to perform urgent repairs or maintenance work, provided that during such a visit, in addition to those services that the Customer explicitly requested, the Seller provides other services, or delivers a product other than the one necessary for performing urgent repairs or maintenance work; the Customer has the right to unilaterally terminate the contract in relation to these additional services or products,
- the subject of the contract is the supply of sealed audio or video recordings, or computer programs, which are unsealed after delivery,
- the subject of the contract is the supply of newspapers, periodical press or magazines, with the exception of subscription contracts for such publications,
- the contract is concluded at a public auction,
- the subject of the contract is the provision of non-residential accommodation, the provision of transport services, car rental services, food and beverage delivery services or leisure services, if it is agreed that the service will be provided on a certain date or in a certain period,
- the subject of the contract is the delivery of digital content that is not delivered on physical media if the fulfillment of the contract began with the explicit prior consent of the Customer and his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract.
When the Customer is a legal entity, the rules from this section “Right to unilateral termination of the contract” do not apply to him. To legal entities the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini) apply.
7. NOTICE ON THE MANNER OF SUBMITTING A WRITTEN CONSUMER COMPLAINT
The consumer (i.e., the Customer) can send all complaints by mail to the address The Pearl of Pannonia d.o.o., Trg Republike 24, HR-40305 Nedelišće or to the e-mail address info@the-pearl-of-pannonia.com.
The Seller must respond in writing to the Customer’s complaint no later than 15 days from the date of receipt of the complaint. In order for the Seller to respond to the Customer’s written complaint not sent by e-mail, Customer is obligated to provide accurate information about their name and surname and the address to which he will get a response.
When the Customer is a legal entity, the rules on Customer protection prescribed by these Conditions of Use and the Consumer Protection Act (Zakon o zaštiti potrošača) do not apply to him.
8. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
In the event of a dispute, the Seller and the consumer (i.e., the Customer) will resolve the dispute amicably, and if this is not possible, the court with substantive and territorial jurisdiction in the Republic of Croatia shall have jurisdiction with the application of Croatian law.
Dispute resolution is possible in front of other conciliation centers. Consumer disputes may be resolved through alternative dispute resolution (ADR) bodies in accordance with applicable consumer protection regulations. Information on consumer rights and available dispute resolution mechanisms is provided by the European Commission and national consumer protection bodies:
https://consumer-redress.ec.europa.eu/index_hr
https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en
9. WARRANTY
For each product from the Seller’s assortment that is advertised on the Website, the Customer exercises the rights from the warranty according to the guarantee certificate of a certain product that the Customer receives together with the purchased product. The Customer should note that only specific products have a guarantee certificate. For those that have it, this will be specified on the product page.
Warranty rights can only be used with the presentation of a guarantee certificate or proof of purchase (for example, an invoice with the product serial number indicated) for the duration of the warranty period.
10. LEGAL ENTITIES
When the Customer orders products on the Website www.the-pearl-of-pannonia.com as a legal entity, he is not considered a consumer, and the chapters of these Conditions of Use entitled “Material defects”, “Right to unilateral termination of the contract” and “Notice on the manner of submitting a written consumer complaint” do not apply to him, nor do the rules on consumer protection prescribed by the Consumer Protection Act (Zakon o zaštiti potrošača). The right to unilaterally terminate the contract within 14 days does not apply to him either.
In that case, the relevant provisions of the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini) apply to the Customer.