SOVILJ DVA d.o.o. /LLC/, a company that deals with fashion and jewellery
design and production and through its website www.sovilj.com provides
service information and an online store (web shop).
1.1 Terms of service govern the use of internet pages and internet shops by
the user.
1.2 In these General Terms and Conditions, the terms in bold letters shall
bear the following meaning:
For the purpose of these Terms and Conditions SOVILJ refers to the company SOVILJ DVA d.o.o. /LLC/ having its registered office at Zagreb,
Avenija Marina Držića 81A, registered with the court register of the
Commercial Court in Zagreb under the company registration number (MBS)
080688194, PIN 53494821973, OIB 53494821973.
The share capital of the company amounts to HRK 20,000.00
Member of the Board: Nenad Sovilj
Website means all web pages owned by SOVILJ.
User means every natural person with permanent or usual residence in the
Republic of Croatia or outside the Republic of Croatia 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
WEBSHOP service on the Website, with permanent or usual residence in the
Republic of Croatia or outside the Republic of Croatia.
WEBSHOP service is every service that enables Registered Users to
purchase the SOVILJ products through the Website.
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.
2.1 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 content, discriminatory content conducive to
hatred and racial 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 express consent of SOVILJ, or in any way that may cause damage to SOVILJ or 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:
• all risks arising from the use of the Website
• and agrees to use the contents of the Websites exclusively for personal
purposes and at his/her own responsibility.
2.4 SOVILJ 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
• and 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 Websites.
2.5 The 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.
SOVILJ 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. SOVILJ 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 SOVILJ solely on the basis of the link to the Website concerned.
2.6 SOVILJ 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, removal or restrictions.
2.7 SOVILJ shall not be held liable for any consequences which might arise
from the unavailability of the Website for any technical reasons.
2.8 SOVILJ reserves the right to change the price of its products.
2.9 SOVILJ reserves the right to prevent access to the Website, 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 SOVILJ shall not in any 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 the WEBSHOP Service.
3.1 The User accepts that the entire contents of the Website are the exclusive property of SOVILJ or its authorized persons.
3.2. Breach of these Terms and Conditions may start civil proceedings and /
or lead to criminal prosecution against the perpetrators of violations of
copyrights, trademark rights, or the rights of 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 SOVILJ 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 shall in relation to such content fully comply with the provisions of these General Terms and Conditions, respecting the third party copyrights.
3.7 SOVILJ 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 on which they have copyright, by doing this they allow that such data become exclusive property of SOVILJ and SOVILJ shall be entitled to use them for commercial purposes, without limitations and compensation.
4.1 Before access to certain Website contents, the Users shall be obliged to
provide their personal data to SOVILJ (User Registration). If the Users agree
to provide such personal data, it shall be deemed that the Users agree to the
terms of use of such personal data as specified by these General Terms and
Conditions, under which certain persons are entitled to collect, use, process
and transmit personal data for the purpose of using the Website.
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 SOVILJ 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 of new products and services,
and improving of services, and that SOVILJ may provide such data to
third parties for the purpose of performance of the service, protecting
the interests of Users and SOVILJ, 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 SOVILJ services, to the satisfaction of Users;
• providing data to other persons necessary for the performance of the
above specified purposes;
4.3 SOVILJ 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. SOVILJ shall not disclose Registered User’s personal data to
third parties.
4.4 SOVILJ shall ensure that personal data are 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.
SOVILJ shall enable Registered Users to have access to their personal data
in its possession to make sure that the personal data are accurate, complete
and updated.
4.5 For all questions related to the use of personal data, Users may contact
SOVILJ directly.
4.6 If Users should request deletion of their personal data, SOVILJ shall
remove such data, but by doing so, they agree that access to certain content
on the Website is to be disabled.
4.7 The User guarantees that the personal data provided are complete, true,
accurate and up-to-date.
5.1 SOVILJ ONLINE BOUTIQUE uses the T-Com’s PayWay 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 T-Com
system and the authorization centers of credit card companies is made over a private network that is protected from unauthorized access by a double-layer firewall.
6.1 Use of the WEBSHOP Service is available only to Registered Users who
are of age and have full legal capacity, as confirmed by using the WEBSHOP
Service.
6.2 The registration of users 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, the Registered User is assigned a user
name and a password which are used to authorise the use of the WEBSHOP
Service. The Registered User must keep his user name and password secret.
If the user suspects unauthorised use of his user name and/or password, he
shall be held liable for any costs incurred through the use of his user name
and/or password up to the moment he notifies SOVILJ through contacts
published on the Website of his suspicions of unauthorised use. The user is
also responsible for all non-permitted activities authorised and carried out
under his user name and/or password.
6.4 By registration, the user confirms and declares: · that he fully accepts
these General Terms and Conditions, especially in the part relating to the
WEBSHOP Service; ·
that the provided personal data is complete, accurate, true and up-to-
date; · that he grants to SOVILJ the express consent that SOVILJ may process the personal data provided pursuant to the provisions of the
Personal Data Protection Act for the purposes of its own records and
providing of other services, creating customer databases, informing of
new products and services, and improving of services, and that
SOVILJ may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and
SOVILJ, and preventing potential misuse.
7.1 The Registered User hereby accepts that the purchase through the
WEBSHOP Service is carried out in a way that the Registered User buys
products available through the WEBSHOP Service, designated as “Products”
or “Articles” in a way to choose 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. 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, SOVILJ does not guarantee that the colors of products are identical to the colors that the User sees on his computer screen.
7.2 Products are ordered by electronic means. Once he/she has ordered the
product, the User becomes the Purchaser. Upon clicking on the “Add to Cart” icon, the selected product is placed into the virtual consumer cart. In the cart Purchaser may change the number of articles, delete or change the chosen product. To proceed with the process and buy the chosen articles, it is necessary to click on “Buy” where the selected articles are located. In order to quit the article purchase 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 Purchasers e-mail address, confirming the receipt of the order.
7.3 If SOVILJ 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 can cancel the ordered product by e-mail within 2 hours after purchase. The refund will therefore be issued within 24 hours.
8.1 The prices of products are shown in Croatian Kuna (“HRK”) and include
value added tax pursuant to the laws applicable in the territory of the Republic of Croatia, i.e. where the registered office of SOVILJ is located.
8.2 SOVILJ may offer group or individual discounts purchases through the
WEBSHOP Service which may be limited to a specific time period or for the
purpose of particular sales, that is a particular product type, group or
category. The products with discounts shall be clearly marked along with the discount for that particular product.
8.3 SOVILJ 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 WEBSHOP 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.
9.1 Registered Users may pay for products by:
• credit cards
• debit cards
• pay by delivery (plaćanje pouzećem; only for deliveries within Croatia)
Following debit/credit cards are accepted:
Maestro
MasterCard
Visa
9.2 In the case of payment by credit card the authorisation is carried out
automatically.
9.3 SOVILJ shall bear all manipulation costs of the User credit card
authorisation.
9.4 Only after a successfully completed authorisation will the Registered User be able to perform or continue with the purchase through the WEBSHOP Service. In the case authorisation is not obtained, the purchasing process is terminated. The Registered User shall receive a confirmation by electronic mail or Website whether the authorisation was successful or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course of using the WEBSHOP Service, which must be complete, accurate, true and up-to-date.
10.1 SOVILJ may also offer you instalment purchase available only to
Registered Users in the Republic of Croatia pursuant to the SOVILJ’s
conditions.
10.2 Number of instalments and instalment purchase terms and conditions
shall be specifically stated on the Website.
11.1 Delivery of products is possible within the territory of the Republic of
Croatia or outside the Republic of Croatia.
11.2 Particular products which are separately marked or found within specific groups/categories shall be delivered only to the Registered Users within particular territories or countries.
11.3 For all products with shipping address in the Republic of Croatia there
is shipping free of charge on all orders over 1.000,00 kn. Otherwise shipping
is charged 35,00 kn.
11.4 For all deliveries with shipping address in the EU shipping price is 25
euros in counter value of Croatian Kuna (HRK) in accordance with the
exchange rate stipulated by the General Terms and Conditions. Delivery price does not include the costs of import clearance, fees and other administrative and tax charges (PDV, VAT, DDV, IVA or the like) in the country to which the goods are delivered. The registered User (Buyer) assumes the import clearance duty and bears the costs of fees and other administrative and tax charges.
11.5 Shipping price for countries outside of European Union is 50 Euros .
Delivery price does not include the costs of import clearance, fees and other
administrative and tax charges (PDV, VAT, DDV or the like) in the country to
which the goods are delivered. The registered User (Buyer) assumes the
import clearance duty and bears the costs of fees and other administrative
and tax charges.
11.6 After SOVILJ confirms an order and if the delivery is due on non-working days, within 48 hours, the delivery period starts and the purchased products shall be delivered to the Registered User within the following deadlines:
• up to 5 business - Republic of Croatia
• up to 15 business days for other areas outside the Republic of Croatia
11.7 In case of a foreseen delivery delay due to force majeure and/or fault
which cannot be attributed to SOVILJ 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, SOVILJ is not responsible for
the delay of delivery.
11.8 The delivery to the user will be made at the address for delivery provided upon User (Buyer) registration, and if the Registered User (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 authorised by the Registered User) on presentation of a document for personal identification.
11.9 The Registered User 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 Registered User 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.
11.10 If the Registered User refuses to accept a parcel, because of
established and visible damages on the packaging used for transport, he is
obliged to fill out a form provided by the courier service regarding damaged parcels, and contact SOVILJ by electronic mail or telephone 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, SOVILJ undertakes to perform a new delivery within the prescribed delivery period on request of the Registered User if a product concerned is available on stock with SOVILJ, and if the said product 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 SOVILJ shall make a refund, in line with the request of the Registered User.
11.11 If the Registered User fails to take over the product or refuses to take
over the product without a justified reason or refuses to fill out the forms,
SOVILJ reserves the right to demand compensation of the expenses
incurred.
12.1. These Terms as well as certain sales conditions indicated with
information on certain products constitute an offer by SOVILJ to conclude the Contract, and the user as a customer accepts it by making orders or
otherwise determined by these Terms. Thereby, it is considered that the
contract between the user and SOVILJ has been concluded in accordance
with the conditions of sale set out in these Terms.
12.2 The subject and the commercial purpose of the Contract is the purchase of selected products or services through SOVILJ webshop by paying the appropriate fee – price of the respective product or service. The Contract is concluded by means of distance communication (distance contract) over the Internet.
12.3. The Contract enters into force and is binding from the moment the order is completed, method of payment selected and receipt created.
12.4. The user may unilaterally terminate the Contract within 14 (fourteen)
days without giving reasons.
12.5. In order for a user to be able to exercise the right to unilaterally
terminate the Contract, he/she must notify SOVILJ of the decision to
unilaterally terminate the Contract before the deadline in the form of an
unambiguous statement sent by post (to: Sovilj Dva d.o.o. Drziceva 81A,
10000 Zagreb) or by e-mail to info@sovilj.com, in which a user will specify
name, address, phone, fax or e-mail address, and may use a provided written form for the unilateral termination of the Contract.
12.6. Also, unilateral Contract termination (link to FORM) can be filled in and sent to SOVILJ in which case SOVILJ shall, without delay, submit a receipt of the notification of the unilateral termination of the Contract by electronic mail.
12.7. The deadline for the unilateral termination of the Contract shall be 14
(fourteen) days from the delivery of the product to the user or a third party
designated by the user which is not the carrier. In case of service, the
deadline for the unilateral termination of the Contract shall be 14 (fourteen)
days from the conclusion of the Contract.
12.8. If a registered user unilaterally terminates the Contract, the purchase
refund will be made, including delivery costs, without delay, and no later than 14 (fourteen) days from the day SOVILJ or SOVILJ webshop receives a
user’s decision to terminate the Contract unilaterally, unless the registered
user has selected another delivery type which is not the cheapest standard
delivery offered. The purchase refund will be executed in the same way that the registered user made the payment. In the event that the registered user agrees to the alternative way of refund, the user does not bear any refund costs. In the event that the registered user agrees to the alternative way of refund, the user does not bear any refund costs. SOVILJ may refund the purchase only after the product is returned or after the submission of the evidence that the product is sent back to SOVILJ.
12.9. The registered user is obliged to deliver the products or to send them to Sovilj Dva d.o.o, Drziceva 81A, 10000 Zagreb, without unnecessary delay,
and in any case no later than 14 (fourteen) days after the date the user
informed SOVILJ or SOVILJ webshop of the decision to unilaterally terminate the Contract. The direct costs of the reimbursement of products are borne by the registered user.
12.10. The registered user is responsible for any impairment of the products
resulting from the handling of the products, except for what was necessary to determine the nature, characteristics and functionality of the products. In case of damage to the original packaging, the amount of the refund will be reduced by the percentage of the equivalent value of the products. In that case the registered user will be notified. If undoubtedly determined that a product complaint is unjustified or that the ordered product is defective due to inadequate handling or use, then SOVILJ is not required to make a refund or to supply a replacement product. The product will be returned to the user at his expense with a written explanation of the reasons for not accepting a refund or replacement request.
12.11. According to the Consumer Protection Act, the relationship between
the consumer (registered user) and the seller in the event of material defect
on the product is subject to the provisions of the Civil Obligations Act (Official Gazette 35/05, 41/08, 125/11, 75/15) for material defects.
13.1 For Registered Users (Buyers) with permanent or usual residence, i.e.
registered office outside the Republic of Croatia, paying in a currency other
that the Croatian Kuna (HRK), all payments shall be effected in Croatian
Kuna (HRK), and the amount your credit card is debited for shall be
determined by virtue of conversion of the price from Euro (EUR) into Croatian Kuna (HRK) pursuant to the current exchange rate of the Croatian National Bank.
13.2 When charging your credit card, the same amount is converted into your local currency at 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 on our web site.
14.1 SOVILJ 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 WEBSHOP
Service, provided that the damage is not attributable to SOVILJ
• or any damage that might arise from an interrupted Internet connection
while using the WEBSHOP Service
14.2 Use of the WEBSHOP 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.
15.1 SOVILJ 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 WEBSHOP Service. The General Terms and Conditions in force shall be published on the Website.
15.2 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 WEBSHOP service.
15.3 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).
15.4. By special regulation of the European Union from 15 February 2016,
disputes throughout the EU related to online purchasing can be solved
through the Online Dispute Resolution platform which can be accessed here:
https://ec.europa.eu/consumers/odr/main/index.cfm?
event=main.home.show&lng=HR
This means that if you encounter a problem during online purchases within
the EU (defective product, inability to exchange the product, etc.), you can file a complaint at the link above. The platform can be used by consumers and traders, and a complaint can be filed in any of the 23 official EU languages.
Documents published on this web site are allowed to copy only for
uncommercial purposes and for individual use, with due respect to all
copyright, owner rights and legal obligations.
DATA ON THE POINT OF SALE
Sovilj Dva d.o.o. Avenija M. Držića 81A, Zagreb, 10000 Tel 00385915396031
info@sovilj.com OIB 53494821973, MB 04725492, MBS 81098179
The share capital of the company amounts to HRK 20,000.00
Member of the Board: Nenad Sovilj
