1. GENERAL TERMS AND CONDITIONS
1.1 In these General Terms and Conditions, the terms in bold letters shall bear the following meaning:
Website refers to all web pages owned by OIRAMM Ltd
User is every natural person accessing the Website. The term User also refers to Registered User.
Registered User is every natural person with full business capacity, registered for the use of the WEB SHOP service on the Website.
Registered User becomes the Buyer at the moment of payment confirmation.
WEB SHOP service is every service that enables Registered Users to purchase the AMARANTHINE products through the Website.
1.2 By accessing the Website via appropriate technological means of access and by using the Website, the User undertakes to comply with these General Terms and Conditions and agrees to be subject to the provisions of these General Terms and Conditions.
2. LIMITATIONS OF USE AND LIABILITY
2.1 By accessing our Website, the User undertakes not to:
- use the Website in any way that is contrary to the regulations currently in force;
- place on the Website or distribute through the Website any content which is contrary to the regulations, including, but not limited to harmful, threatening, disturbing, vulgar, pornographic, illegal content, discriminatory content conducive to hatred and any sort of hostility or content which violates other people's rights and interests;
- alter, delete or destroy any data on the Website;
- use the Website to violate rights of third parties, including confidentiality, intellectual property rights or other rights or interests of third parties;
- use the Website to send electronic mail contrary to these General Terms and Conditions;
- post or share through the Website any illegal software, including, but not limited to viruses, spyware, Trojans, spams or the like.
2.2 Documents, data and information published on the Website may not be reproduced, distributed or in any way used for commercial purposes without an explicit consent of OIRAMM Ltd. or in any way that may cause damage to any brand OIRAMM Ltd owns or represents or to any third party. Documents, data and information published on the Website may be used only for the individual needs of Users, in full respect of all copyrights and property rights and the rights of third parties.
2.3 By using the contents of the Website, the User accepts and agrees to:
- all risks arising from the use of the Website
- use the contents of the Websites exclusively for personal purposes and at his/her own responsibility.
2.4 OIRAMM Ltd. waives any liability:
- which may in any way arise from or is in connection to the use of the Website
- for any actions of Users arising from the use or misuse of the contents of the Website
- for any damage that may arise for the User or any third party in connection with the use or misuse of the contents of the Website.
2.5 Website may include documents, data, information and links to other web pages created by third parties, which shall, to the extent that is necessary and possible, be marked as such. OIRAMM Ltd. has no control over the said documents, data, information or other web pages and fully waives any responsibility, including but not limited to the accuracy, completeness and the availability of the contents of the web pages created by third parties. OIRAMM Ltd. waives all responsibility for any content of such third party web pages, and for any products or services acquired through such third party web pages. Such third parties shall not be deemed in any way connected with OIRAMM Ltd. solely on the basis of the link to the Website concerned.
2.6 OIRAMM Ltd. reserves the right to change the contents of the Website, the right to remove the Website, and the right to restrict access to the Website, without any prior notice, and shall not be held liable for any consequences which might arise from such changes, restrictions or removal.
2.7 OIRAMM Ltd. shall not be held liable for any consequences which might arise from the unavailability of the Website for any technical reasons.
2.8 OIRAM Ltd. reserves the right to change the price of its products without any prior notice.
2.9 OIRAMM Ltd. reserves the right to prevent access to the Website to IP addresses or Users that engage in actions contrary to these General Terms and Conditions, and shall not bear any liability for this.
2.10 OIRAMM Ltd. shall in no way be responsible to users for the costs they bear for using computer equipment and telecommunication systems for the purpose of accessing the Website and / or the WEB SHOP Service.
3. INTELLECTUAL PROPERTY PROTECTION
3.1 The User accepts that the entire content of the Website is the exclusive property of OIRAMM Ltd. and / or its authorized persons.
3.2. Breach of these Terms and Conditions may initiate civil proceedings and / or lead to criminal prosecution against the perpetrators of violations of copyrights, trademark rights, or the rights relating to any other form of intellectual property.
3.3 Use of the Website provides the User with limited, non-exclusive, non-transferable and revocable permission to use the Website contents by browsing them for personal use.
3.4 OIRAMM Ltd. does not transfer to the User any rights in relation to the content of the Website, and prohibits the use of the contents of the Website other than in conformity with these General Terms and Conditions and the instructions on the Website.
3.5 The User is especially not entitled to download, duplicate, alter, edit, distribute, show, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate it in other web pages or media or use it in any way other than for personal home use, respecting the third party copyrights.
3.6 The User may be expressly permitted to download certain content from the Website. In such case, the User undertakes that such content shall be used exclusively for personal use, and that he/she shall in relation to such content fully comply with the provisions of these General Terms and Conditions, respecting the third party copyrights.
3.7 OIRAMM Ltd. is not liable for any breach of copyrights by the User for the purpose of uploading data to the Website, including photographs and documents, and shall upon invitation and based on the evidence on third party copyrights remove them from the Website as soon as possible. If Users upload data to which they have copyright, by doing this they allow that such data become exclusive property of OIRAMM Ltd. and OIRAMM Ltd. shall be entitled to use them for commercial purposes, without limitations and compensation.
4. PROTECTION OF PERSONAL DATA
4.2 By marking specific boxes on the Website, it is deemed that the User agrees to the collection, use, processing and transmitting of personal data necessary for the use of the Website, including, but not limited to:
- the consent that OIRAMM Ltd. may process the personal data provided in accordance with the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing customers of new products and services, and improving of service, and that OIRAMM Ltd. may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and OIRAMM Ltd. and preventing potential misuse;
- the need to have better insight and understanding of the individual needs and requirements of Users, as well as to develop the best quality for all OIRAMM Ltd. services, to the satisfaction of Users;
- providing data to other persons necessary for the performance of the above specified purposes;
4.3 OIRAMM Ltd. shall keep personal data for just as long as necessary for the purposes specified in these General Terms and Conditions. After the expiration of the said term, the personal data shall be destroyed, deleted or made anonymous in a way that ensures that the security of personal data is maintained. OIRAMM Ltd. shall not disclose Registered Users' personal data to third parties.
4.4 OIRAMM Ltd. shall ensure that personal data is kept in a safe place, including reasonable administrative, technical and physical protection to prevent unauthorized use, access, disclosure, copying or changes to such personal data, accessible solely to authorized persons. OIRAMM Ltd. shall enable Registered Users to have access to their personal data in its possession to make sure that the personal data is accurate, complete and updated.
4.5 For all questions related to the use of personal data, Users may contact OIRAMM Ltd. directly.
4.6 If Users should request deletion of their personal data, OIRAMM Ltd. shall remove such data, but by doing so, Users agree that access to certain content on the Website is disabled.
4.7 The User guarantees that the personal data provided are complete, true, accurate and up-to-date.
5. STATEMENT OF SECURITY
5.1 OIRAMM Ltd. uses the eCommerce module Walle with SaferPay which applies the most modern standards of data protection – the Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that the data exchange between the eCommerce module Walee, SaferPay system and the authorisation centers of credit card companies is made over a private network that is protected from unauthorised access by a double-layer firewall.
6. USING THE WEB SHOP SERVICE AND USER REGISTRATION
6.1 Use of the WEB SHOP Service is available only to Registered Users who are of age and have full legal capacity, as confirmed by using the WEB SHOP Service.
6.2 User registration is carried out on the Website, where the User is obliged to enter specific personal or other data and accept the use of such personal data.
6.3 Upon successful registration, Registered User should have a chosen user name and password which are used to authorize access and use of the WEB SHOP Service. The Registered User must keep his / her user name and password secret. If the Registered User suspects unauthorized use of his / her user name and/or password, he / she shall be held liable for any costs incurred through the use of his / her user name and/or password up to the moment he notifies OIRAMM Ltd. through contacts published on the Website of his / her suspicions of unauthorized use. The User is also responsible for all non-permitted activities authorized and carried out under his / her user name and/or password.
7. CHOOSING AND ORDERING (BUYING) PRODUCTS
7.1 The Registered User hereby accepts that the purchase through the WEB SHOP Service is carried out in a way that the Registered User buys products available through the WEB SHOP Service, designated as "Products" or “Articles” by choosing them based on a picture, identification number and/or designation and basic description of the product. The pictures of products are only illustrative, and are not always and in all detail identical to the products actually available. In view of the possibility of individual adjustments to the computer screen, differences in the way in which the human eye might perceive the color of products and the like, OIRAMM Ltd. does not guarantee that the colors of products are identical to the colors that the User sees on his / her computer screen.
7.2 Products are ordered by electronic means. Once he /she has ordered the product, the User becomes the Buyer. Upon clicking on the "Add to Cart" icon, the selected product is placed into the virtual consumer cart. In the cart Purchaser may increase the number of articles (bought products), delete or change the chosen products. To proceed with the process and buy the chosen articles, it is necessary to click on "Buy” icon where the selected articles are located. In order to quit the article purchase the User must click “Quit”. Products are regarded as ordered at the moment the Registered User (Buyer) completes the ordering process. Upon completion of the ordering process, a notice will be sent to the e-mail address User provided to register as the Registered User (Buyer), confirming the receipt of his / her order.
7.3 If OIRAMM Ltd. is not able to deliver a particular ordered product, the Buyer shall be contacted by phone or e-mail within 48 (forty-eight) hours and informed thereof. The Buyer may always cancel the ordered product and request a refund or a replacement.
8. PRICES OF PRODUCTS BOUGHT THROUGH THE WEB SHOP SERVICE
8.1 The prices of products are shown in EUR.
8.2 OIRAMM Ltd. may offer group or individual discounts for purchases through the WEB SHOP Service which may be limited to a specific time period, product type, group or category (brand). Discounted products shall be clearly marked along with the indication of exact discount for that particular product.
8.3 OIRAMM Ltd. reserves the right to change the prices of products until the moment the purchase is confirmed.
8.4 By confirming the purchase, Registered Users complete the purchasing process through the WEB SHOP Service. The purchase contract is made at the moment of payment receipt.
8.5 Shipping charges for purchased products are not included in the price of products specified on the Website.
9. PAYMENT FOR PRODUCTS THROUGH THE WEB SHOP SERVICE
9.1 Registered Users may pay for products by:
- credit cards
- debit cards
- internet banking
Following credit / debit cards are accepted:
Diners Club Card.
9.2 In the case of payment by credit card the authorization is carried out automatically.
9.3 OIRAMM Ltd. shall bear all manipulation costs of the User credit card authorization.
9.4 Only after a successfully completed authorization will the Registered User be able to perform or continue with the purchase through the WEB SHOP Service. In the case authorization is not obtained, the purchasing process is terminated. The Registered User shall receive a confirmation by electronic mail or Website whether the authorization was successful or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course of using the WEB SHOP Service, which must be complete, accurate, true and up-to-date.
10. PRICE, TIME AND MANNER OF DELIVERY OF PURCHASE THROUGH WEB SHOP SERVICE
10.1 Generally speaking, delivery of products is possible worldwide.
10.2 Particular products which are separately marked or found within specific product groups /categories or brands shall be delivered only to the Registered Users within particular territories or countries.
10.3 For all products with shipping address in the Republic of Croatia there is shipping charge rate based on GLS delivery pricing. Final calculation is made during shopping closure.
10.4 For all products with shipping address in the EU standard shipping price is based on GLS delivery pricing. Final calculation is made during shopping closure. For express delivery shipping to EU countries price is charged according to the GLS price list. Delivery price does not include the cost of import clearance, import fees, duties, taxes and / or other administrative charges (PDV, VAT, DDV or the like) in the country to which the goods are delivered – these are sole responsibility and cost to the Buyer.
10.5 For shipping to countries outside the EU shipping price is also charged according to the GLS price list. Delivery price does not include the cost of import clearance, import fees, duties, taxes and / or other administrative charges (PDV, VAT, DDV or the like) in the country to which the goods are delivered – these are sole responsibility and cost to the Buyer.
10.6 After OIRAMM Ltd. confirms an order, following delivery terms apply:
- up to 5 business days for the area of the City of Zagreb,
- up to 7 business days for other areas of the Republic of Croatia
- from 5 to 7 business days for islands in the Republic of Croatia,
- up to 15 business days for EU countries
- up to 20 business days for other other countries
10.7 In case of a foreseen delivery delay due to force major and/or fault which cannot be attributed to OIRAMM Ltd. and if for any reason the Registered User (Buyer) is not available at the contact number he provided upon registration in order to be informed about this, OIRAMM Ltd. is not responsible for the delay of delivery.
10.8 The delivery to the Registered User (Buyer) shall be made at the address for delivery provided by Buyer upon User registration, and if the Buyer is not found or does not receive the delivery at the address provided as the address of delivery, a notice shall be left with the number that he / she can contact, or the delivery may be taken over by a third party (an adult member of the household, person authorized by the Buyer) on presentation of a personal identification document (picture ID).
10.9 The Buyer shall examine the parcel upon takeover, report any visible damage directly to the courier, and refuse to accept a damaged parcel. By signing the delivery notification and receiving the Invoice, the Buyer confirms that he/she examined the product on takeover and that he/she does not have any complaints regarding the condition of the transport packaging or the merchandise therein.
10.10 If the Buyer refuses to accept a parcel, because of ascertained and visible damages on the packaging used for transport, he / she is obliged to fill out a form provided by the courier service regarding damaged parcels, and contact OIRAMM Ltd. by electronic mail within 8 (eight) days and state whether he/she wants a replacement or a refund. Upon receipt of a returning parcel and the corresponding form, OIRAMM Ltd. shall undertakes to perform a new delivery within the prescribed delivery period on request of the Buyer if a product concerned is available on stock with OIRAMM Ltd.. In case product in question needs to be ordered from the supplier, the specified period shall be prolonged for the period needed for the supplier’s delivery without additional charges for the delivery or OIRAMM Ltd. shall make a refund, in line with the request of the Buyer.
10.11 If the Buyer fails to take over the product or refuses to take over the product without a justified reason or refuses to fill out the forms, OIRAMM Ltd. reserves the right to demand compensation of the expenses incurred.
11. RETURN AND COMPLAINTS REGARDING PRODUCTS PURCHASED THROUGH THE WEB SHOP SERVICE
11.1 Within 14 (fourteen) business days of the date of delivery of a product, the Registered User is entitled to file a complaint concerning the product purchased or to return a product. Buyer has the right to return wrongly shipped items, damaged items and expired items. Buyer may not return products which are taken out of their original packaging, worn or used. If the Buyer decides, for whatever reason, that they do not need or like properly delivered goods, Buyer can exchange such items at a cost.
Based on a request for return or replacement, OIRAMM Ltd. shall refund the amount paid to the account of the Buyer stated in the request, or replace the product with a new one within 30 (thirty) days of the date of receipt of a returned product to the address stated on the complaint form.
11.2 The Buyer shall announce the return of products purchased in the complaint form after access to the WEB SHOP Service by using his / her user name and password, entering his / her personal data and other data connected with the purchase.
11.3 If it is established beyond doubt that a complaint regarding a particular product is not justified or that the defects occurred as the result of inadequate handling or use, OIRAMM Ltd. is not obliged to make a refund or provide a replacement. The product returned under complaint shall be returned to the Buyer at his/her cost, with a written statement of reasons for denial of the request for return or replacement.
11.4 If the request for a refund or replacement is justified, the cost of redelivering the product shall be borne by OIRAMM Ltd..
11.5 If a mistake should occur during the packing of ordered products and the Buyer does not receive the product he/she ordered, but some other product, he/she shall report the mistake by using the complaint form within 7 (seven) business days. In such case, the Buyer must return the product which was wrongly delivered at the cost of OIRAMM Ltd., which undertakes to deliver the ordered product or make a refund (in line with the request of the Buyer) within 15 (fifteen) days of the day on which the wrong article was received.
11.6 If the Buyer does not receive the product he ordered and paid for, he shall report it within 7 (seven) calendar days of the expected arrival of the ordered product in the complaint form or through contacts published on the Website. OIRAMM Ltd. shall establish within reasonable time what happened to the parcel referred to in the complaint, and inform the Buyer of actions taken.
12. CONVERSION STATEMENT
12.1 All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
13. OTHER CONDITIONS OF THE WEB SHOP SERVICE
13.1 OIRAMM Ltd. shall not be held liable for any damage that might be incurred to the Registered User and third parties as a result of unauthorized use of the user name and password or in connection with such use or any damage that arises from the use or misuse of the WEB SHOP Service or any damage that might arise from an interrupted Internet connection while using the WEB SHOP Service.
13.2 Use of the WEB SHOP Service shall be governed by the provisions of the applicable Electronic Commerce Act and other laws and regulations relating to the rendering and use of such Services.
14. AMENDMENTS TO THE GENERAL TERMS AND MISCELLANEOUS
14.1 OIRAMM Ltd. reserves the right to amend these General Terms and Conditions without prior notice. Registered Users shall review the General Terms and Conditions in force each time they use the Website, and in particular the WEB SHOP Service. The General Terms and Conditions in force shall be published on the Website.
14.2 The General Terms and Conditions in force at the time of receiving the price for the ordered product shall apply to the use of the WEB SHOP service.
14.3 Any and all disputes which might arise from these General Terms and Conditions shall be settled before the competent court in Zagreb (Republic of Croatia).
DATA ON THE POINT OF SALE
Ulica grada Vukovara 35a, 10000 Zagreb
VAT ID HR93550930833
The court registry conducted under case Tt-17/8598-4 in Commercial Court in Zagreb, Croatia
phone: + 395 97 6027 300