TERMS
TERMS

1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website (mediterra.hr) and the purchase of items through this website (hereinafter, the “Terms”).

Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website.

These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

If you have any questions regarding the Terms or Data Protection Policies, you can contact us via the contact form on this website.

The Contract (as defined below) is also available in Croatian on the website.

2. OUR DETAILS

Sale of items through this website is carried out under the Mediterra name by Varžak med d.o.o., a Croatian company with registered address at ADRESA and an email address [email protected]. The company is registered in the Trade Register in the city of Zagreb.

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate. 

4. USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:


    1. To use the website exclusively to make legitimate enquiries or orders.
    2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
    3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
 

If you do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

5. SERVICE AVAILABILITY

Items offered over this website are available for delivery to all the internationally recognised countries of the world.

6. HOW THE CONTRACT IS FORMED

To place an order, you must follow the online shopping process and click on “Place Order” to submit the order. After this, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the “Delivery Sent”). Along with the Shipping Confirmation there will be an electronic confirmation containing everything you ordered (“Confirmation”).

7. AVAILABILITY OF ITEMS

All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.

8. REFUSAL OF ORDER

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.

We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

9. DELIVERY

Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. 

However, there can be a delay in delivery due to unforeseen circumstance or delivery zones.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.

10. UNABLE TO DELIVER

If we are unable to deliver, our courier service will try to contact you. If they are unable to reach you, your order will be returned to our warehouse.

Along side previously mentioned, we will notify you where your order is located and what you need to do to get it delivered again. If you won’t be present for the delivery at arranged time, we kindly ask you to let our courier service or us know so we can arrange the delivery on another day.

If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we will assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charges (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. 

Keep in mind that we have right to charge you any additional transport costs made by terminating the contract.

11. RISK AND TITLE

The Items will be at your risk from the time of delivery as mentioned in Clause 9. 

Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.

12. PRICE AND PAYMENT

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund.

We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price. 

The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due.

Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. 

Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in the “My Account — Orders“ area. 

Payment can be made with the following credit cards: AMEX, Diners, Discover, Maestro, Mastercard i Visa.

To minimise the possibility of unauthorised access, your credit card details will be encrypted. After receiving your order, your card will be immediately charged and our courier service will be notified that your order is ready for pickup. They will pick it up according to their schedule.

By clicking “Place Order” you are confirming that the credit card is yours or that you are the legitimate holder of the credit voucher card.

Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you. 

We conduct payments in EUR currency, so your purchase is potentially an international transaction and therefore your bank can charge you extra fees for currency exchange into EUR at their rate. Thus, if amount paid/owed on the transaction on your credit card varies from the one displayed at the end of the buying process/approved refund, contact your bank for additional information about bank fees and currency exchange rates tied to such transactions.

13. BUYING ITEMS AS A GUEST

The functionality of buying items as a guest is also available on this website. For this type of purchase, we will only request from you the essential data that is required to process your order. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non- registered user.

14. VALUE ADDED TAX

According to current rules and regulations, all purchases done through this website are subject to the statutory Value Added Tax (VAT), except for customers outside of EU.

In this respect, VAT is charged at the rate of the country where this website is based (Croatia).

In accordance with the applicable rules and regulations in each jurisdiction, the “tax liability transfer” rule (Article 194 of Directive 2006/112/EC) may apply to goods delivered in some EU member states if the buyer is a taxpayer or is considered a taxpayer for VAT purposes. If this is the case, we will not charge VAT, provided that the customer will confirm the VAT on the items delivered to the buyer in accordance with the procedure for transferring the tax liability.

In the case of orders to be delivered to the Canary Islands and Ceuta and Melilla, they shall be reduced by the VAT as provided for in Article 146 of the said Directive, regarding the application of the relevant taxes and duties in accordance with the rules and regulations in force.

15. RETURNS POLICY

15.1. Statutory right of withdrawal
Right to withdraw

You have the right to withdraw from your order within 14 days, without giving any reason.

The withdrawal period is counted from the day that you or another person you named, except the courier, have taken the order into physical possession or in case of multiple items from a single order delivered separately, after 14 days since you or another person you named, except the courier, have taken into physical possession the last item(s) in your order.

To exercise your right to withdraw you can contact the company Varžak med d.o.o. by sending an email at [email protected]; by visiting “My Account” on the website or by using our contact form and stating unequivocally your desire to withdraw (e.g. physical letter or email). You may also use the model cancellation form as set out in the Appendix to these terms, although it is not obligatory.

However, to meet the withdrawal period, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired. 

Effects of withdrawal

If you decide to withdraw, we will refund all payments received from you, including the costs of delivery (except additional costs which are result of your choice of delivery and which differs from the regular delivery we offer), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees. Notwithstanding this, We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier. 

You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. The deadline will be considered as met if you return the items before the expiration of a 14 day deadline.

You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items. 

15.2. Contractual right of withdrawal

Aside from the statutory right to withdraw from the contract defined in Clause 15.1, we provide you with the period of 30 days since the day of the delivery to return the items (except products defined in Clause 15.3, which are excluded from the right to withdraw).

In case you return the items within the defined statutory period where you have the right to withdraw after the legal statutory period, we will refund the payments made for the items. We will not refund the delivery costs.

Your right to withdraw can be can be put in effect in respect to Clause 15.1. However, if you notify us about your intent to withdraw after the legal deadline, you have to return the items in every case within 30 days of receiving the Shipping Confirmation.

15.3 Mutual provisions

You have no right of withdrawal for the items that have been made to your specifications or clearly personalised. 

If the buyer returns the item without original packaging and/or damaged and/or with signs of evident use, and wants to invoke the right of withdrawal, we are not compelled to reimburse the payment. The same applies if the buyer, with regard to packaging and acceptable handling to establish the nature of the item, returns the item damaged or diminished in value resulting in inability to sell the item (unfit to sell).

After invoking the right to withdraw you can return the items in the following manner:

(i) Return to Mediterra offices:
You may return any item personally to the offices of Mediterra. You just need to present, as well as the item, the e-ticket that was attached to the Shipping Confirmation, which is also saved under your account on our website. You can present the e-ticket either by showing it in digital form on your mobile phone, or by bringing a print-out of the e-ticket. 

(ii) Returns by Courier:
When returning the item(s) by a courier it is your duty to notify us of time and mean of return, as well as the expected delivery time, on [email protected] or by filling out our contact form.

Please bear in mind that the second option incurs additional expenses for you. In case that you use some other form of delivery, except the aforementioned above), you will be responsible for the return costs.

After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the items which the relevant parcel consisted of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding this, we may withhold the reimbursement until we have received the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier. The refund will always be paid using the same payment means you used to pay for your purchase. 

You are responsible for the cost and risk of returning the items to us, as indicated above.

If you have any questions, you can contact us via our contact form or by sending an email to [email protected]

15.4. Returns of defective items

If you believe that the product does not fit the description from the Contract at the time of the delivery, please contact us by sending an email at [email protected]; through “My Account” section on the website or via our contact form and provide us with details about the item and its damage.

The item must be returned to our offices in Croatia or via the courier that we used to send the item to your address.

We will examine the item and we will notify you about it within reasonable time via email wether the item can be replaced or are you entitled for a refund (if necessary). Refund or replacement of the item will be done as soon as possible, and in any case within 14 days since you received the email that confirms processing of the refund or replacement.

If the returned item is deemed to be defective, we will provide a full refund including all the delivery charges. We will bear the burden of all expenses in such way as described by law and we reserve the right to decline paying for expenses which were obviously unnecessary or not needed to preserve your rights as a buyer. The refund will be paid using the same means of payment that you originally used to pay for your purchase.

These provisions do not limit any applicable statutory rights.

16. LIABILITY AND DISCLAIMERS

Unless it is explicitly stated otherwise in these Terms, our liability regarding any item bought on our website is limited solely on the price of such item.

Previously stated notwithstanding, nothing in these Terms shall exclude or limit in any way our liability:

  1. For death or personal injury caused by our negligence;
  2. For fraud or fraudulent misrepresentation; or
  3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
 

Regardless of the previous paragraph and to the extent permitted by law and unless these Terms indicate otherwise, we will not accept any responsibility for the following losses, irrespective of their origin:

  1. loss of income or sales
  2. loss of regular business
  3. loss of profit or contract
  4. loss of planned savings
  5. loss of data and
  6. loss of business time or business management.
 

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All descriptions of the products, information and materials posted on this web site are provided “as is”, without any express or implied warranties except those legally established. In that sense, if you are contracting as a consumer or a buyer, we are required to deliver goods that are in conformity with the Contract and are liable for any shortcomings that exist at the time of delivery. It is understood that the items are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and can which can reasonably be expected.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of your order or contact details.

18. VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorised access to this website, to the server which hosts this site or to any other server, computer or database related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.

By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.

We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

19. LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links. 

20. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

21. NOTICES

All notices given by you to us should be given to us via our contact form. Subject to and as otherwise specified in Clause 20, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. 

22. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. 

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

23. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
  7. Any shipping, postal or other relevant transport strike, failure or accidents.
 

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

24. WAIVER

f we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above. 

25. SEVERABILITY

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. CONTRACT AGREEMENT

These Terms and all the documents cited therein constitute the entire Contract between the parties as to the purpose thereof and replace any previous pact, agreement or promise between the parties, either verbally or in writing.

The parties hereby certify that they have agreed to enter into the Contract without being subject to any statement or promise made by the other party or to the fact that could be inferred from any statement or document in the negotiations between the two parties prior to the conclusion of the said Contract, except those expressly set forth in these Terms .

No party shall take action on any inaccurate statement of the other party, whether oral or written, prior to the Contract Date (unless the untrue statement is false). The only action the other party could take is the one resulting from the breach of the Contract in accordance with the clauses of these Terms.

27. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you. 

28. LAW AND JURISDICTION

The use of our website and the Contracts for the purchase of items through such website will be governed by Croatian law.

Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Croatian courts.

If you are contracting as a consumer or a buyer, nothing in this Clause will affect your statutory rights as such.

29. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via our contact form or at [email protected].

If you as a buyer consider your rights have been breached, you can address your complaints to us by emailing [email protected], so the complaint could be settled out-of court. 

Related to the above, if you purchased from us through our website, you may be entitled, according to the EU Regulation no. 524/2013, to seek to settle the consumer dispute with us out-of court, through the EU platform for online dispute resolution which is available at https://ec.europa.eu/consumers/odr/.

Sounds good? Just drop us your email and you’ll be the first to know when Mediterra becomes available.

© 2019 MEDITERRA IS A PREMIUM BRAND BY VARŽAK MED d.o.o. ALL RIGHTS RESERVED.