The General Terms and Conditions of the Varteks webshop have been compiled in accordance with the Consumer Protection Act, the Personal Data Protection Act and the Electronic Commerce Act, effective on the territory of the Republic of Croatia.

These General Terms and Conditions apply to the use of the Varteks webshop on the website www.varteks.com including all subpages and to the purchase of products available there. Please read these terms and conditions carefully before use. Your agreement to the terms and conditions set forth herein is a prerequisite for making a purchase.

  1. WEBSHOP GENERAL TERMS AND CONDITIONS

1.1. The webshop available at www.varteks.com has been established by Varteks d.d., with the registered address Zagrebačka 94, Varaždin, Croatia, registered with the Commercial Court in Varaždin under No. (MBS) 070004039, OIB 00872098033, VATID 00872098033 (hereinafter ‘Varteks’ or the ‘Seller’). If you have any questions, please contact us at webshop@varteks.com webshop@varteks.com or using the contact details on the website ‘Contact’.

1.2. Varteks provides webshop services on the website www.varteks.com. The service consists of providing information services, content management, conducting financial transactions, selling goods between users of the webshop, i.e. you as a buyer and us as a seller, and organizing the delivery of the sold items. The webshop service can be used on the territory of the Republic of Croatia, and in the following countries of the European Union – Slovenia, Austria, Germany, Ireland, Belgium, France, Hungary, Italy, the Netherlands, Luxembourg, Sweden and the United Kingdom.

1.3. You accept these General Terms and Conditions electronically when confirming an order in the webshop. We also encourage you to read the Data Protection and Privacy Policy (LINK), as well as the Cookies Policy (‘cookies’) (LINK), as these documents also apply to your use of the webshop.

1.4. The user agrees to use the webshop exclusively in accordance with the effective regulations for browsing the published content, purchasing available products by placing legally valid orders and communicating with the seller.

1.5. The services we provide through our webshop do not include the costs you incur using computer equipment and other electronic equipment (electronic devices) and the services for accessing our webshop. Varteks is not responsible for the costs of telephone, data traffic or any other costs that may occur when ordering or browsing the content of the webshop and using the services available there.

  1. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

2.1. The effective version of the General Terms and Conditions of the webshop is always considered to be the version published on this site. In case of disputes, the version that was effective at the time of the purchase and to which you as a user have agreed at the time of placing the order will apply.

2.2. We hereby inform you that there is a possibility of periodic changes to the General Terms and Conditions of the webshop in order to comply with changes in the law and/or our business processes. We are technically unable to notify each user of any possible changes, so we recommend that you read this text when reusing the webshop to be aware of possible changes.

2.3. Varteks reserves the right to change or discontinue (temporarily or permanently) any products or services it provides, as well as to change the content in the webshop, without prior approval or notice, with the application of good business practices.

  1. CONCLUSION OF SALES CONTRACT

3.1. When browsing the contents of the webshop, you are free to select the items and add them to the cart. This action is in no way binding. Once you have selected the items and you are sure you want to buy them, you proceed to the order process where you enter all the information required to place an order, you confirm your agreement with the General Terms and Conditions of the webshop, and depending on the selected payment method, you make payment. The actions you performed and confirmed during the order submission process are considered to be the conclusion of the sales contract and as such are binding.

3.2. The price of the product listed at the webshop includes VAT and represents an invitation to users to purchase goods at that price. The ordered goods are delivered at the prices and under conditions valid at the webshop on the date of placing the order, regardless of the prices and conditions valid on the date of delivery.

3.3. These General Terms and Conditions form an integral part of the sales contract concluded through the webshop.

3.4. After placing your order using the webshop interface, you will receive an automatically generated confirmation of the order receipt (hereinafter the ‘Confirmation’) to the e-mail address you entered during the order process. The confirmation of order receipt is not considered a confirmation of the conclusion of the sales contract by the seller, but is only a document confirming the receipt of the order.

3.5. We reserve the right to reject the received order if due to extraordinary circumstances we are not able to execute it according to the quality standards of the Varteks webshop. The seller is not obliged to enter into a sales contract on the basis of the received order in the event when they cannot fully fulfil the obligations under the contract. The sales contract is considered concluded by the seller at the time of shipment of goods, of which you will be notified in a separate e-mail.

  1. PRODUCT PRICES AND PAYMENT METHODS

4.1. All prices in the webshop are stated in euros (EUR) and include VAT. Product prices are the same for all methods of payments and are visible on the product page and in the cart when concluding an order. The product price does not include the cost of delivery, which is calculated separately during the last step of the order after the user enters the desired delivery address, unless the conditions for free delivery are met. The seller reserves the right to change the price without prior notice.

4.2. In extraordinary cases of an administrative error in stating the price of the product on the webshop page, we are not obliged to enter into a sales contract on unfavourable terms. If such a case occurs, we will offer you to purchase the product at the correct price, without the obligation to accept such an offer. In case you do not accept the offer, the amount paid will be refunded if the payment has already been made.

4.3. The products remain the property of the seller until the receipt of full payment according to the concluded sales contract, regardless of whether the goods are delivered.

4.4. You can make payment by credit or debit card (Visa, MasterCard, Maestro, American Express, Diners) at the time of concluding the order in the webshop, by payment to our transaction account using internet banking or general payment slip and in cash on delivery. When paying by credit or debit cards, there is the possibility of payment in instalments, which applies only to users who make payments by cards issued by Croatian banks. You can find out more about the instalment payment options for each card on the ‘Payment methods’ page. (LINK))

4.5. The contractual partner that takes care of the technical correctness and security of the card payment application is Hrvatski Telekom HT PayWay. HT Pay Way applies the most modern standards in data protection – Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that the exchange of data between the T-Com system and the authorization centres of card companies takes place in a private network, which is protected from unauthorized access by a double layer of firewall.

4.6. You will receive the invoice in a package together with the goods or as a separate shipment, depending on the place of dispatch of the goods. If you need an R1 invoice, please select this option during the order process and enter all the necessary information. Issuance of R1 invoices is currently available as an option only to legal entities registered in the Republic of Croatia.

4.7. The prices of the items you see in the web shop are not necessarily the same as in physical stores.

  1. DELIVERY

5.1. The moment you place an order in the webshop, Varteks receives your order, and depending on the selected payment method, starts packing the shipment. In case of card payment and cash on delivery, the shipment is packed and sent immediately upon receipt of the order, and in case of payment to the transaction account via internet banking or general payment slip, the packing begins after receipt of payment.

5.2. Delivery is made on the territory of the Republic of Croatia, and in the following countries of the European Union – Slovenia, Austria, Germany, Ireland, Belgium, France, Hungary, Italy, the Netherlands, Luxembourg, Sweden. Also to the United Kingdom, Serbia, Bosnia and Herzegovina. The delivery service is performed by our contractual partner GLS Croatia d.o.o. for the EU countries, and DHL for other countries. Delivery for all orders exceeding 40 EUR is free for deliveries to Croatia and Slovenia, and to the other listed countries of the European Union the delivery is free for orders worth 200 EUR and more. The cost of delivery for orders below 40 EUR is 5 EUR for the whole of Croatia, except for the islands of the national zone 2 for which the cost of delivery is 6 EUR, and 5,5 EUR for deliveries in the Republic of Slovenia. The cost of delivery to the other listed EU countries is 12 EUR. The cost of delivery to the United Kingdom, Serbia and Bosnia and Herzegovina is 20 EUR. VAT is included in the stated delivery costs. Detailed delivery conditions can be found in the section Delivery (LINK).

5.3. Varteks will not change the terms of sale after the conclusion of the contract or cancel the delivery of goods unless, due to a technical error of the inventory tracking system, a certain product that was presented as available is not actually available. In this extraordinary case, we will notify you in a timely manner via the contact information you provided when placing your order. We will allow you to choose another product instead of the unavailable product from the originally concluded contract, without the obligation to accept such an offer. In case you do not accept the offer, the amount paid will be refunded if the payment has already been made.

5.4. If the order includes several products, one of which is unavailable, we will notify you in a timely manner, and the other ordered products will be delivered in accordance with the contract.

5.5. All products will be packed in transport packaging in such a way that they cannot be damaged by normal transport handling. When receiving the product, the buyer is obliged to check for any damage and immediately report it to the courier who delivered the goods, i.e. to refuse to receive the package with visible external damage. The buyer has to sign the delivery note when taking over the goods, and the courier takes it as a confirmation of delivery. Upon the Buyer’s signature on the delivery note, it is considered that the product has been received without visible external damage.

  1. RIGHT TO UNILATERAL TERMINATION OF CONTRACT AND RETURN OF GOODS

6.1. You have the right, without giving a reason, to terminate the sales contract within 14 days from the date of receiving the goods or after placing the order, in case you have changed your mind before the delivery of the goods.

6.2. In order to unilaterally terminate the Sales contract, it is necessary to submit a duly completed copy of the Form for unilateral termination of a sales contract, together with the original invoice, before the expiration of the specified period. You can submit the form in the package together with the goods or to the e-mail address: webshop@varteks.com.

6.3. Download the Form for unilateral termination of a sales contract concluded at a distance in pdf format from the following link. You can fill it out electronically or physically after printing. (LINK NA OBRAZAC / PDF format).

6.4. In the event of the termination of the contract, each party is obliged to return to the other party what it received under the Contract. According to Article 72 of the Consumer Protection Act, you are obliged to return the received goods to the address Varteks PJ Varaždin 2 (for the webshop), Zagrebačka 94, HR-42000 Varaždin, Croatia. You can return the goods free of charge if you want to do it through our contractual partner GLS Hrvatska d.o.o., in which case it is sufficient, when submitting the Form for unilateral termination of a sales contract, to request the collection of goods by Varteks and pack the goods for return in the original transport packaging. If you want to return the goods by alternative methods of delivery, you can do it at your own expense.

6.5. The precondition for unilateral termination of the Contract is that the goods have not been used and that they are in the original packaging, including the original tags. If the use (reduction in the value) has occurred, upon receipt of the returned goods, we will assess the condition of the goods according to the visible signs of use and accordingly determine the percentage of the refund to be paid. In such situations, we will contact you and try to find the mutually most acceptable solution.

6.6. No later than 14 days from the date we receive your notice of the decision to terminate the contract, provided that you have fulfilled your obligation to return the delivered goods, we will refund your payment using the same means of payment that you used when ordering.

6.7. Unfortunately, we are unable to refund any additional costs that result from your explicit choice of transportation, or any other costs associated with the refund process. We are also unable to receive shipments sent in a way that requires payment on delivery.

  1. COMPLAINTS REGARDING DEFECTIVE GOODS

7.1. In really rare cases when you receive defective goods, you have the right to complaint within the legal period under the Consumer Protection Act.

7.2. In accordance with Art. 10 of the Consumer Protection Act, we allow you to send your complaints to the e-mail address webshop@varteks.com or by mail to the address Varteks PJ Varaždin, Zagrebačka 94, HR-42000 Varaždin, Croatia. We will respond to all received complaints as soon as possible, but no later than 15 days from the date of receipt of the complaint, and we will resolve your complaint in the most favourable way possible.

7.3. Return in case of a complaint regarding defective goods is made in such a way that after receiving the complaint, in agreement with you, we send the courier to your address who will pick up the package and return it to our office.

7.4. A complaint will be considered valid if the product inspection and, if necessary, additional expertise, determines that it meets the conditions for a complaint in accordance with the Civil Obligations Act and the Consumer Protection Act.

7.5. If the complaint is found to be valid, we will replace the goods with identical ones without defects at our expense or refund the full amount paid for the product, including delivery costs.

7.6. In the event that the complaint is not valid, i.e. if the consumer’s complaint is rejected, the buyer who filed the complaint will bear the cost of re-delivery of the purchased product to the buyer’s address.

  1. RIGHTS AND OBLIGATIONS OF THE VARTEKS SHOP

8.1. Varteks is obliged to deliver the sold item to you in time and manner specified in the presented terms and conditions, after you place the order and pay the purchase price in accordance with Article 3.2. above. Varteks is responsible for material defects of goods sold through the webshop in accordance with effective Croatian regulations, especially the Civil Obligations Act of the Republic of Croatia.

8.2. In the webshop, Varteks offers products that are fully owned by us.

8.3. Varteks is obliged to provide true information about the offered goods and provide complete information about the payment of the purchase price and delivery of goods.

8.4. The webshop may be temporarily unavailable or available only to a limited extent, as a result of regular maintenance or system upgrades, due to technical difficulties, force majeure, or other causes. Varteks (as well as third parties related to it) is not responsible, regardless of the cause and duration, for any unavailability of the webshop, any delay or interruption in the transmission of information, partial or complete interruption or malfunction and/or technical difficulties that may lead to incorrect data processing and any claims or losses arising therefrom.

8.5. Varteks shall not be liable for any inability or delay in the performance of any of its obligations under these Terms and Conditions or any of the contracts in the event that this is the result of any action or event beyond Varteks’ reasonable control, including failure of public or private telecommunications networks. In such a case, Varteks will use all reasonable efforts to fulfil its obligations as soon as possible when such extraordinary action or event ends.

  1. BUYER’S RIGHTS AND OBLIGATIONS

9.1. You are obliged to pay the price of the purchased products and delivery costs if they are included in the total value of the order, and take over the purchased products upon delivery. For all complaints you are authorized to contact us, according to the instructions above.

9.2. You are responsible for any reduction in the value of the goods from the moment of their receipt, resulting from handling of the goods, except that which was necessary to determine the nature and characteristics of the goods.

  1. DATA PROTECTION AND PRIVACY RULES

10.1. Varteks commits to protect the privacy of personal data of all users of the Varteks webshop, and will treat them in accordance with the Personal Data Protection Act, and other applicable regulations.

10.2. The Data Protection and Privacy Policy, including the Cookies Policy, are considered an integral part of the General Terms and Conditions of the Varteks webshop and are available at ‘Data Protection and Privacy Policy’. (LINK)

  1. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP

11.1. The Varteks website and webshop contain materials protected by copyright, trademark, design and other information covered by other rights of natural or legal persons, including, but not limited to, the rights to texts, applications, photos, videos, graphics, music, sound, etc., unless otherwise stated.

11.2. You are not allowed to modify, publish, transmit, reproduce, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part, without the express written consent of Varteks or the right holder. You are not allowed to download, duplicate, modify, edit, distribute, display, delete, send, sell, resell, adapt or amend copyrighted material in any way other than for your own personal use.

11.3. To avoid any doubt, Varteks expressly reserves and does not transfer to the user any rights in relation to the content of the webshop and website, and prohibits the use of the content of the webshop and website except as provided in these General Terms and Conditions and as may be permitted by the instructions on the webshop itself.

  1. COMMUNICATION, COMPLAINTS AND DISPUTE RESOLUTION

12.1. U. In case you notice an error, problem, violation, unacceptable content or similar published in the webshop or on the Varteks website, you can contact us or send a complaint to webshop@varteks.com. We will respond to any such written complaint within 15 days of receipt.

12.2. Croatian law applies to these General Terms and Conditions and all contracts.

12.3. We hereby inform you of our good will to resolve any dispute amicably, as well as your right to use out-of-court consumer dispute resolution mechanisms with the right to initiate the out-of-court dispute resolution by filing an application with the Court of Honour with the Croatian Chamber of Commerce, and/or submitting a mediation proposal to the Mediation Centre at the Croatian Chamber of Commerce, and using the online Platform for online resolution for consumer disputes. (LINK)

12.4. In the event of a court dispute, it is subject to the jurisdiction of the court in Varaždin.

Last revised: 24th May 2019