General Terms and Conditions – applicable domestically
1. General Information
1.1 Sales Contract
These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to the product sales contract between the company Prostoria d.o.o., with its headquarters in Sv. Križ, Začretje, Pustodol Začretski 19/G, entered into the court register of the Commercial Court in Zagreb under court reg. no. (MBS): 080609761, VAT ID. no.: 64861685667, as the seller (hereinafter: Prostoria), and the Buyer of a Prostoria product with its registered headquarters outside the Republic of Croatia (hereinafter: Buyer) (jointly designated as: Contractual Parties).
The General Terms and Conditions are valid and apply to the sales contract between Prostoria and the Buyer, except if not otherwise agreed. All other conditions or general conditions of the Buyer will be applied if Prostoria accepts such conditions. Prostoria retains the right to amend the General Conditions and Conditions at any time and make them immediately publicly available and/or deliver to the Buyer a version of the General Conditions and Conditions which are amended at any given time.
If some of the provisions of these General Conditions and Conditions are or become legally invalid, it will not affect the validity of the other provisions. A new, valid provision will replace an invalid provision to achieve the result that is most legally proximate to the result that the parties intended to achieve in the provision determined as invalid.
In the event that the Buyer has general terms and conditions that differ from these General Terms and Conditions, the Contracting Parties agree to accept the application of these General Conditions and Conditions, if not otherwise agreed.
The General Conditions and Conditions have been drawn up in Croatian and English language, and the Croatian version will prevail if there is doubt.
1.2 Applicable law and jurisdiction of the courts
The sales contract concluded between the Contractual Parties and these General Terms and Conditions is subject to the current laws of the Republic of Croatia.
If a dispute arises between the Contractual Parties, they are obliged to resolve the dispute amicably. However, if they fail to do so, they accept the jurisdiction of the courts in Zagreb.
2. Prices and payment
The price of each particular Prostoria product is determined in the Prostoria Pricelist. Prostoria reserves the right to alter prices as needed. The prices applicable for specific products are valid at the time of concluding the sales contractor for Prostoria products, and the price of the product determined in the pricelist for Buyers as natural persons includes VAT.
VAT, other taxes, customs and generally all costs incurred in relation to a purchased product are borne by the Buyer.
The delivery, unloading and assembly of a purchased product for the mainland region of the Republic of Croatia, including the island of Krk and the peninsula Pelješac, is free when purchasing a Prostoria product priced at more than EUR 1,000.00 (one thousand euros) including VAT, whereas on the contrary, it can the contracted at an additional cost, specifically from EUR 0.46 /km, and not less than EUR 175.00 (excluding VAT) for delivery to the mainland region of the Republic of Croatia and the island of Krk, with the exception of the peninsula Pelješac, that is, not less than HRK EUR 260.00 (excluding VAT) for delivery to the island of the Republic of Croatia, with the exception of the island of Krk and the peninsula Pelješac; the mentioned costs of delivery must be paid in advance at least 2 days before the intended delivery.
The fee for assembly of the product refers to the assembly that happens on the day that differs from the delivery and is charged separately in accordance with the current assembly Pricelist.
Regardless of the value of the order, for delivery to the islands of the Republic of Croatia, and with the exception of the island of Krk and the peninsula Pelješac, the delivery, unloading and assembly is subject to additional costs in accordance with the Prostoria delivery pricelist.
2.2 Payment conditions
Payments are made in the manner and according to the conditions determined on particular invoices, quotations and order confirmations. Each product that the Buyer fails to pay in full to Prostoria remains the property of Prostoria.
The Buyer is obliged to make a prepayment amounting to 30% of the value of the Prostoria product being bought and upon receiving the quotation, where after the payment the Buyer will receive the order confirmation from Prostoria. The delivery deadline begins from the date when the prepayment is received on the Prostoria account. The Buyer is obliged to pay the remainder of the value of the product onto the account of Prostoria within 5 (five) days prior to the delivery deadline as determined in the order confirmation. Prostoria is not obliged to proceed with the delivery of goods until the buyer has settled the invoice in full.
Payment is made onto the account of Prostoria. Payment is made onto the account of Prostoria as cited on the order confirmation. When making the payment, the Buyer is obliged to state the quotation/invoice number according to which the payment is made. Otherwise, the deadline for delivery of the goods to the Buyer begins from the moment of linking the separate payments to the Buyer who made the payments.
If the Buyer fails to settle the invoice in accordance with the rules referred to in Point 2.2 of these General Terms and Conditions, Prostoria will send a reminder for payment twice a month to the Buyer’s email address.
Prostoria retains the right to terminate and/or suspend not only the delivery of ordered products but also the processing of newly received orders from the respective Buyer until the Buyer fulfils all due obligations towards Prostoria.
The Buyer is obliged to forward the order to Prostoria. The Buyer is to designate the type of product in the order, specifically: the name of the product along with full specifications and the product quantity to be purchased. Prostoria is obliged to act solely according to orders and from the moment once an order contains all the mentioned integral sections.
Prostoria retains the right to reject an order for a product for which it deems unacceptable and/or technically unfeasible in terms of the design and retains the right to make changes to the ordered product in terms of its structure, variation in the structure of wood and minor variations in the design or nuance of colour.
3.1 Confirmation of orders
An order becomes binding when Prostoria confirms it in the form of a written confirmation. Prostoria will send the order confirmation to the Buyer via email, which the Buyer has previously designated in the order and/or at the start of the business cooperation. If the Buyer has no objections to the confirmation order within 48 hours of receiving it, it shall be deemed that the Buyer has accepted it, and is then obliged to make a prepayment in line with Point 2.2. of these General Terms and Conditions. Subsequent complaints relating to the specification of a product will not be taken into consideration. Orders cancelled within 10 days of confirmation of the order are subject to a charge amounting to 30% of the value of ordered products. Upon expiration of 10 days from confirmation of the order, the order becomes binding, and the Buyer is obliged to pay the full amount for the Prostoria product which is being purchased.
Each subsequent change to an order means that the delivery deadline for the Prostoria product begins anew.
4. Taking delivery and the delivery of Prostoria products
4.1 Taking delivery of Prostoria products
When the delivery of a Prostoria product has not been contracted and not included in the sales price, the Buyer is obliged to take possession of the selected product from the Prostoria warehouse or at another location as agreed with Prostoria within the deadline designated in the order confirmation, subject to the condition of notification for taking delivery of the product at least 2 working days beforehand. If the Buyer does not take delivery of the purchased product within a deadline of 2 (two) weeks from the notification given by Prostoria that the product is ready for delivery, the product will be warehoused at a cost to the Buyer, amounting to EUR 13.00 for warehousing outside the Republic of Croatia / 13.00 € (excluding VAT) for warehousing in the Republic of Croatia per cubic metre of space taken up by the respective product per day of warehousing.
Upon expiration of a period of 3 months from the initial date of warehousing the product at the Buyer’s expense, Prostoria has the right to terminate the respective contract due to the Buyer failing to fulfil obligations. Prostoria will charge compensation for incurred damages from the amount paid by the Buyer.
4.2 Delivery of Prostoria products
The delivery deadline is noted on each order confirmation. In the event that delivery of the Prostoria product is contracted or included in the sales price, Prostoria will, at the request of the Buyer, the confirmation will also confirm the exact date of delivery 24 hours prior to delivery, and in the event that the Buyer requests delivery on a certain day and time, the necessary transport can be organised subject to an additional fee.
In exceptional cases, for instance, such as but not solely public holidays and non-working days, or due to prolonged delivery deadlines for certain materials and/or raw materials, Prostoria retains the right to extend the delivery deadline, concerning which the Buyer will be timely informed.
In the event of any changes to an order by the Buyer, Prostoria is entitled to an extended the deadline for delivery, which can also be specifically agreed to in certain cases, depending on the needs and possibilities of Prostoria.
Delivery takes place based on the order confirmation to a single unloading point unless Prostoria and the Buyer agree otherwise. The Buyer is obliged to ensure the area for delivery of the purchased product. If at the time of delivery the Buyer has not ensured the area for delivery and the delivery cannot be completed, the Buyer will be charged a delivery fee additional amounting to EUR 175.00 (excluding VAT) for the mainland including the island of Krk and the peninsula Pelješac, that is, the amount equivalent to EUR 260.00 (excluding VAT) for the islands, with the exception of the island of Krk and the peninsula Pelješac. A subsequent delivery will be performed once the Buyer has paid the mentioned amount onto the account of Prostoria. A repeated arrival will be adjusted to the possible delivery times.
Prostoria will in no case, including but not limited to cases of force majeure, be liable to the Buyer for possible delays in delivering the product.
Prostoria packs all products in a standard manner in carton boxes. Different packaging at the Buyer’s request is possible but only upon consent from Prostoria where the Buyer will be charged for additional costs.
4.3 Receipt of Prostoria goods
When taking delivery or upon delivery of a purchased product, the Buyer is obliged to carefully inspect in detail the packaging of the product, as well as the purchased product. Each identified insufficiency must be recorded on the bill of lading or separate Prostoria minutes which the Buyer signs when taking delivery of or upon delivery of the purchased product, and in the event that the Buyer does not mention any complaints, it shall be deemed that the Buyer has taken delivery of he respective purchase in a functioning state and without any damage.
5. Warranty for purchased products (guarantee)
Prostoria guarantees the Buyer the technical validity of the purchased product for 2 (two) years once the Buyer has taken delivery of the product or the product has been delivered to the Buyer, except if Prostoria and the Buyer have not agreed otherwise. Prostoria offers the Buyer a guarantee in the form of a written declaration when taking delivery of the product or upon delivery of the product to the Buyer. The Buyer is obliged to notify Prostoria in writing of the technical invalidity of the purchased product and the Buyer may request from Prostoria that the purchased product be repaired or replaced during the warranty period.
The warranty is void in case of damage due to improper handling and not maintaining the product, unprofessional and improper assembly and improper storage. In the event of an unjustified complaint based on reasons given in this paragraph, PROSTORIA is entitled to compensation for damages.
6. Buyer complaints and replacing goods from the Buyer consumer
6.1 Complaints by the Buyer consumer
The Buyer may submit to Prostoria a written request, complaint, objection, statement and possibly a sign of appreciation in all of the Prostoria business premises as well as via the email address of Prostoria: email@example.com.
Exercising rights based on a reported complaint is achieved in accordance with the current EU Director on consumer rights, the Act on consumer protection and the current Obligatory Relations Act. A complaint about products that the Buyer tried to repair or modify and products damaged due to inadequate use cannot be made.
6.2 Replacement of goods from the Buyer consumer
The Buyer has the right to replace a purchased product with another Prostoria product which is the same or of greater value than the product which is the subject of the replacement (along with the obligation of paying the difference), and within a deadline of 48 hours from the time of delivery or taking delivery under the condition of attaching the invoice, that it is unused, and found to be in the original undamaged packaging, that it has not been purchased under special conditions, e.g., such as damaged products, and that the goods are not:
- to the specifications of the Buyer or clearly modified for the Buyer;
- sealed goods which due to health or hygienic reasons, are not suitable for return, if they were unsealed after delivery (e.g., used textile, pillows, mattresses, and the like).
7. Confidentiality of information
Ownership and intellectual property rights for documents, data, schematics, samples, models, casts and other information which are made accessible to the Buyer by Prostoria belong throughout the entire time to Prostoria. The Buyer will not use them for any purpose besides the proper performance of the contract, will not reproduce them nor make them accessible to third parties and will keep them confidential. The Buyer will ensure that all persons that might have access to confidential information adhere to the obligation of keeping the respective data a secret.
The Buyer will be permitted to disclose his business relationship in his promotional materials, but only with the prior consent of Prostoria.
The Buyer agrees that Prostoria processes and stores data on Buyers by electronic processing the data subject to their consent.
8. Force Majeure
Prostoria is not liable to the Buyer for any breach of the General Terms and Conditions and/or sales contract and/or other similar documents if such a breach occurs due to the impossibilities caused by unforeseen events (force majeure), such as but not solely, for instance, explosions, epidemics, fires, strikes, earthquakes, floods, and the like.
9. Use of the Prostoria website
Prostoria maintains its website https://www.prostoria.eu/en/ where it publishes all relevant information on its products, services, business and the like. Prostoria is not liable for any damage that may visitors to the Prostoria website may experience due to using or inability to use the website. Also, Prostoria is not liable to individual visitors of the Prostoria website for any possibly insulting and/or inappropriate behaviour or comments from visitors to the Prostoria website.