TERMS AND CONDITIONS

TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Please read the terms of service carefully before using the website, www.collectivoriginal.com. Please send us your possible disagreement with the conditions before your first order to info@collectivoriginal.com.

The supplier of the ordered goods is:

TRGOVAČKO-PROIZVODNI OBRT "KANDELICA"
Braće Stipčić 41
51000 Rijeka
PIN (hrv. OIB): 83629105602
Tel: +385 51 450 147
Fax: +385 51 450 147
Email: info@collectivoriginal.com


The business conditions of the Trgovačko - proizvodni obrt “Kandelica” (hereinafter referred to as the Collectiv) have been compiled by the Consumer Protection Act (N.N. 41/14; 110/015; 14/19), Chapter III. - Conclusion of contracts outside business premises and distance contracts and represent a prior notice in terms of Article 43 of the CPA, the Electronic Commerce Act, the Civil Obligations Act, and other applicable regulations of the Republic of Croatia.

The Terms of Use prescribe the terms and conditions for End Users and apply to the use of the Website, www.collectivoriginal.com. By using the Website, End Users express that they agree with the General Terms and Conditions of Business and Use and agree to use the Website www.collectivoriginal.com following them. The right to use the Website is a personal right of the End User, and may not be transferred in any way to other natural or legal persons, nor is any user authorized to register other natural or legal persons. The end-user is personally responsible for protecting the confidentiality of passwords, in places where they exist as such. The End User is aware of the fact that sometimes there are interruptions of services or events beyond the control of the Collectiv and accepts that the Collectiv is not responsible for any data loss that may occur during the transmission of information on the Internet. End-User agrees and accepts that access to the Website may sometimes be interrupted, temporarily unavailable, or disabled.

The website contains materials protected by copyright, trademark, design, and other information covered by other rights of natural or legal persons, including, but not limited to, texts, photographs, graphics, as well as the entire content of the website www.collectivoriginal.com, and by the regulations of the Republic of Croatia. End-User may not modify, post, transmit, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part. End-User may download, print, and store copyrighted materials only for their use. No part of this site may be copied, re-distributed, retransmitted, reposted, duplicated, or otherwise used without the express written permission of the Collectiv and the copyright holder.

The End User expressly agrees that the use of the Website www.collectivoriginal.com is solely the responsibility of the End User so that the Collectiv does not guarantee (I) for the consequences that may arise from the use of this website, or (II) for the accuracy, reliability or content of any information, services or goods provided through this website. The End User expressly confirms that the Collectiv is not responsible for the abusive, inappropriate, or illegal behavior of the End User or third parties and that the risk of damage that may arise as a result lies entirely with the End User.

www.collectivoriginal.com is a registered domain of the Collectiv.

The Collectiv reserves the right at any time, and without prior notice, if it deems it necessary, to terminate or amend any of the General Terms and Conditions and the Privacy Statement set forth herein. Therefore, it advises End Users to reread the information contained in the General Terms and Conditions of Use and the Privacy Statement from time to time to remain informed of such changes. Continued use of the Website after the publication on the internet of new modified General Terms and Conditions and use and Confidentiality Statement, it is understood that the User accepts the changes.

These Terms are available to service users at all times in a way that allows them to save, reuse and reproduce them. These Terms and Conditions shall be deemed to be an integral part of any Purchase Agreement entered into between the Collectiv and the Buyer via the Internet.

CUSTOMER
The buyer can become an adult and a legally capable person, or a legal entity that accepts these general terms and conditions. Minors, partially or completely incapacitated persons may order items only with the consent of their legal representative. Through the Internet store, the buyer is enabled to purchase all products that are on the seller's website www.collectivoriginal.com.

By accepting the General Terms and Conditions, the customer declares that all information provided about himself is true and correct. By purchasing the product, the customer declares that he accepts the terms of business. These provisions are subject to change and the terms and conditions apply at the time of ordering. The buyer is obliged to inspect the updates.

The User may send his inquiries and comments in writing, by mail, or by e-mail, the Collectiv will send a written response by mail or e-mail within the legal deadline.

LANGUAGE
The languages of communication at www.collectivoriginal.com are Croatian, English, Italian and German.

PRICES
Prices are expressed in kunas (HRK), including VAT, valid for all methods of payment at the time of purchase. The price of the goods is determined for each product individually. The process of entering the price on the page for each product is subject to control at several levels, but regardless of that, there is a possibility of error because it is a human factor, and by the nature of things can not be an automatic entry. Such situations are extraordinary, and the Collectiv apologizes to their customers in advance because they will be forced to inform them about the situation, the wrong price for a particular product, and the inability to deliver to a specific customer order.
All payments will be affected 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 local 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.

ORDERING
The customer orders the product via an electronic order form. A customer is considered to be any person who electronically orders at least one product, fills in the required information and sends the order. All prices are expressed in Croatian national currency, Croatian kuna (kn) with VAT. The buyer additionally has the option of displaying prices in Euros. Goods are ordered electronically, by clicking on a specific product and storing it in the cart. The goods are considered ordered at the moment when the buyer chooses and confirms the method of payment.

SECURITY OF CREDIT CARD PAYMENTS
Confidentiality of your information is protected and secured by using SSL encryption. Pages for web payment are secured by using Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a data coding procedure for prevention of unauthorized access during data transfer. This enables a secure data transfer and prevents unauthorized data access during communication between user and Monri WebPay Payment Gateway and vice versa. Monri WebPay Payment Gateway and financial institutions exchange data by using their virtual private network (VPN) which is also protected from unauthorized access. Monri Payments is PCI DSS Level 1 certified payment service provider. Credit card numbers are not stored by Merchant and are not available to unauthorized personnel.


METHOD OF PAYMENT
Ordered products or services are paid online with one of the credit cards: Mastercard, Maestro, Visa, Diners or Visa Premium (ex Amex). Installment payment is not possible.
After the order has been placed, the customer receives a notification of the product reservation, and after checking the availability of the product via e-mail, he receives an order confirmation and an invoice with payment information.

Collectiv accepts the following credit cards:

                 

After creating the order, the system will generate an offer for you to pay for. You will receive payment instructions by e-mail. You make payments via the Internet or mobile banking or a general payment slip.
Use the order number in the call number field.
Also use the order number in the payment description.

The order is processed when the payment is visible on our account. After the visible payment, your order starts production, and after the production is completed, we pack and send it. We will send you an invoice for the purchase in electronic form by e-mail.

DELIVERY
Ordered products are packaged in such a way that they are not damaged during normal handling. When picking up, the buyer is obliged to check the condition of the shipment and in case of damage to immediately advertise the product to the delivery person (employee of the company that performs delivery). The seller disclaims all liability for damage that may occur during delivery. If the buyer does not receive the goods, or the delivery notice, after it has been sent, within the expected time, the buyer has the right to inform the seller in order to take action to find the shipment or to send a replacement shipment. If the buyer refuses to receive the goods he has ordered from the seller, he has the right to demand from the buyer reimbursement of all costs related to delivery. The seller undertakes to send the shipment to the buyer the moment he receives the confirmation approving the online transaction. After receiving this confirmation, the seller undertakes to send the shipment within 5 (five) working days. Once the courier (the delivery company) receives the shipment from the seller, the seller is no longer responsible for the further course of delivery and any delays and problems that may arise in connection with further handling and delivery of goods.

REPLACEMENT AND COMPLAINTS
In case you are dissatisfied for any reason, you can file a complaint to the Collectiv . If the shipment is damaged during transport, such damage is visible when picking up the shipment, in which case we ask you not to pick up the shipment. Please contact us so that we can check the condition of the shipment as soon as possible.

If the Buyer has objections to the purchased products, according to Article 10 of the Consumer Protection Act, he has the right to send a written complaint to the Collectiv by e-mail to support@collectivoriginal.com. To determine the specific order you object to as quickly as possible, state the order number, account number, and your username in the objection. The Collectiv will acknowledge receipt of the complaint in writing without delay, and the answer must reach you by law within 15 (fifteen) days from the date of receipt of the complaint.

Refund costs are borne by the buyer. The seller is obliged to return the money to the buyer no later than 14 days from the receipt of the goods. The goods must be returned in their original condition, must not be carried or used, and must be returned with all original labels and invoices.
Complaints are not possible if any changes have been made to the product for repair, and if the error has occurred through unprofessional or careless handling.

All our items, by applicable law, have a 6-month warranty. The warranty is valid for defects in materials and/or workmanship. The warranty excludes coverage due to wear and/or physical or accidental damage. To keep your jewelry in perfect condition, visit our jewelry care guide.

TERMINATION OF CONTRACT AND REFUND
The buyer has the right, without giving reasons, to unilaterally terminate the contract concluded outside the business premises or concluded remotely within 14 days. The period in question shall run from the day on which the goods constituting the subject of the contract are handed over to the buyer or to a third party designated by the buyer, who is not the carrier. If with one order the Buyer has ordered several pieces of goods to be delivered separately, or if the goods are delivered in several pieces or more shipments, the deadline begins from the day when the buyer or a third party designated by the buyer, which is not a carrier, handed over possession of the last piece or last consignment of goods.

If the Collectiv does not notify the Buyer of the Buyer's right to unilateral termination of the contract, this right terminates within 12 months from the expiration of the termination period (12 months begins after the expiration of 14 days provided for regular termination in case of proper notice). If, on the other hand, the notice of the right to unilateral termination is submitted within 12 months, the right to unilateral termination terminates after the expiration of 14 days from the day when the Buyer receives that notice.

To exercise the right to unilaterally terminate this Agreement, the Buyer must notify the Collectiv, before the deadline, with an unambiguous statement sent to support@collectivoriginal.com  and, it is necessary to state his name, address, telephone number, and email address.
The Collectiv undertakes to deliver to the consumer without delay an Acknowledgment of receipt of the statement of termination by e-mail specified by the Buyer in the Statement of Termination. The Buyer is obliged to send a statement on the termination of the contract before the deadline for the termination of the contract.

The buyer is obliged to return the goods without delay, and no later than within 14 days from the day when he informed the trader of his decision to terminate the contract. The buyer is obliged to bear the direct costs of returning the goods. Collectiv undertakes to return to the Buyer the full amount of funds paid within fourteen (14) days of receipt of written notice of termination of the contract after the Collectiv checks and accepts the returned goods, which must be in its original condition. The trader is not obliged to return the payment before the goods delivered to the buyer are returned to him.

Collectiv undertakes to refund the payment using the same means of payment used by the Buyer when paying unless the Buyer expressly agrees to another means of payment, and assuming that the Buyer is not obliged to pay any additional costs for such refund. The goods must be returned in their original condition, must not be carried or used, and must be returned with all original labels and invoices.
According to Article 77, paragraph 5 of the Consumer Protection Act, the buyer is responsible for any impairment of the purchased product resulting from the handling of the purchased product, except that which was necessary to determine the nature, characteristics and functionality of the goods.

EXCLUSION OF THE RIGHT TO TERMINATE THE CONTRACT
The buyer is not entitled to termination in cases prescribed by Article 79 of the Consumer Protection Act, and especially if:
  • the service contract has been fully fulfilled by the trader, and the fulfillment has started with the explicit prior consent of the consumer and his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract if the service is fully fulfilled;
  • the subject of a contract for goods or services, the price of which depends on changes in the financial market which are beyond the influence of the trader and which may arise during the term of the consumer's right to unilaterally terminate the contract;
  • the subject of the contract is goods made to the consumer's specification or which are tailored to the consumer;
  • the subject of the contract is a good which, because of their nature, are inseparably mixed with other things after delivery.

MATERIAL DEFICIENCIES
According to the Consumer Protection Act, the provisions of the Obligations Act (OG 35/05, 41/08, 125/11, 75/15) on liability for material defects apply to relations between the Buyer and the Trader in the event of a material defect in the product.

The Buyer is obliged to inform Collectiv about the existence of visible defects, without delay, and no later than within two months from the discovery of the defect. The trader is not responsible for the material defect of the sold item that appears after the lapse of two years from the sale of the item.

CONFIDENTIALITY STATEMENT
This privacy statement applies to the confidentiality of data contained on the website www.collectivoriginal.com and which have been collected and stored in the Collectiv’s  databases using this site. Collectiv as a service provider of the Website www.collectivoriginal.com adheres to legal regulations to protect the privacy of users.

Collectiv collects information that identifies a specific End User. When the End User engages in certain activities on the www.collectivoriginal.com Website, such as registration, ordering products or services, posting comments, sending feedback to Collectiv, he may ask the End User to provide certain information about himself such as name and surname, address (including zip code), email address, phone number and date of birth, credit card number information, expiration date, authorization code, and other related information. Involvement in Identification activities and provision of personal data is the decision of the End User. If the End User does not provide this mandatory information for a specific activity that requires it, he will not be allowed to engage in such activity.

Collectiv will not share the personal data of the End User with other parties except in the cases listed in the next point and in a situation where the positive regulations require it.

Collectiv will use personal data for sending and distributing administrative and promotional e-mails, data analysis, credit card payment processing. Collectiv  may share the personal data of the End User with the Providers of goods distribution services for the fulfillment of orders, delivery of packages, sending of terrestrial mail and e-mail.

The End User can access and change personal data provided by Collectiv. The end-user can change any of their data by sending an e-mail to support@collectivoriginal.com. In this e-mail, the End User should state his name, address and e-mail address, and what information he wants to supplement.
As a condition of purchase, Collectiv requests the permission of the End User to send an Administrative and Promotional e-mail message. If the End User wants to receive e-mails at any time after registration, he can choose the option to cancel receiving e-mails by sending an e-mail to support@collectivoriginal.com or by selecting the option to cancel the newsletter contained in each newsletter.

Data protection Collectiv takes it seriously and various precautions have been taken to protect personal data. Unfortunately, no data transmission over the Internet, or any wireless network, can be 100% secure. As a consequence, although Collectiv implements commercially reasonable data protection safeguards, it cannot guarantee the protection of any information transmitted to, or from the www.collectivoriginal.com  Website and is not responsible for the actions of any third party who receives such information.

NEWSLETTER

You may unsubscribe from our newsletter at any time and revoke your consent to the use of advertising, market research and opinion poll data free of charge. At the end of each newsletter you will find the appropriate unsubscribe link. Protecting your data is important to Collectiv. We do not pass on your information to third parties for advertising purposes. By registering and subscribing to the newsletter, you agree that personal tracking data is collected while using our services (websites, newsletters, etc.) and that Collectiv uses it for the purpose of personalized advertising and market research. You can find more detailed information in our privacy statement.

CONVERSION STATEMENT
All payments will be made in Croatian currency. The amount that will be charged from your credit card account is obtained by converting the price in euros into Croatian kuna according to the current exchange rate of the Croatian National Bank. When debiting your credit card, the same amount is converted to your local currency at the credit card association's exchange rate. As a result of this conversion, there is a possibility of a slight difference from the original price listed on our website www.collectivoriginal.com.

DISPUTE RESOLUTION
In the event of a dispute between a consumer and a trader, an application may be submitted to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Trades and Crafts, or a conciliation proposal to the Conciliation Center. The trader and the consumer will try to resolve any disputes by agreement and amicably, otherwise the Court in Zagreb has jurisdiction.

APPLICABILITY
These terms of service are last edited in February 2022.

Collectiv reserves the right to change these terms and conditions. All changes will apply to the use of the www.collectiv.eu website. The buyer is responsible for the accuracy and completeness of the data entered during the purchase. The services provided by the www.collectiv.eu online store do not include the costs you incur using computer equipment and services to access our site. Collectiv is not responsible for telephone costs, Internet traffic or any other costs that may be incurred. While Collectiv strives to provide you with the best possible service offering, Collectiv cannot guarantee that the services at www.collectiv.eu will suit your needs. Collectiv also cannot guarantee that the service will be error-free. If an error occurs, please report it to our Contact Center.

 
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