_GENERAL TERMS AND CONDITIONS OF BUSINESS AND SALE
Seller: IVANA FILIP STUDIO, obrt za usluge, proizvodnju i trgovinu, vl. Ivana Filip
Address: Ulica grada Vukovara 261, 10 000 Zagreb, Croatia
Contact phone: +385 955153261
IBAN: HR 2623400091160623967 (PBZ bank)
GENERAL TERMS OF BUSINESS
Please read these Terms and Conditions carefully before accessing or using our website www.ivanafilip.com. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions applied to the use of website www.ivanafilip.com are in compliance with Croatian Law Consumer Protection Law (Zakon o zaštiti potrošača), Law on Obligations (Zakon o obveznim odnosima), Personal Dana Protection Act (Zakon o zaštiti osobnih podataka) and Electronic Commerce Act (Zakon o elektroničkoj trgovini).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ONLINE STORE TERMS
This website www.ivanafilip.com is operated by IVANA FILIP STUDIO, obrt za usluge, proizvodnju i trgovinu, vl. Ivana Filip, (in further text: IVANA FILIP STUDIO, vl. Ivana Filip), which provides a sales service through its service – Web shop (in further text: Web shop).
Throughout the site, the terms “we”, “us” and “our” refer to IVANA FILIP STUDIO, vl. Ivana Filip. IVANA FILIP STUDIO, vl. Ivana Filip offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you do not agree with these Terms and Conditions, please contact us and do not use this site during this time. All ads, photos, and information about products that are subject to purchases are the property of the Seller, who is solely responsible for the content of the ad, which includes liability for the truthfulness and accuracy of the information and for the obligations arising from the content of the ad. The user agrees to use the web shop exclusively in accordance with positive regulations for viewing published content, purchasing available products by submitting legally valid orders and communicating with the seller.
The use of web shop services is granted only to persons who are 18 (eighteen) years old or above. Use of the web shop by children or minors is not allowed and parents and/or guardians are obliged to take care of this, otherwise they assume all rights and obligations by such use. IVANA FILIP STUDIO, vl. Ivana Filip is not responsible for the possible consequences of such use.
These Terms and Conditions of online shopping govern relations between users, i.e. Web shop buyers of www.ivanafilip.com and the Seller, and in relation to the terms and manner of ordering the product, service, prices of products, payment method, warranty, complaints and return of goods, delivery of goods, secrecy of personal data and other issues related to the use of the Web shop IVANA FILIP STUDIO, vl. Ivana Filip and online purchase, all in accordance with the applicable regulations, primarily the Trade Act, the E-Commerce Act and the Consumer Protection Act.
The purchase agreement between the Buyer and the Seller is concluded when the Seller receives an e-mail containing the order confirmation or at the time of ordering the product. The contract for the purchase of products in the case of the product “Memento” is determined by a contract that is specially negotiated between the buyer and the seller.
The end-user is personally responsible for protecting the confidentiality of passwords, in places where they exist as such. The end user is familiar with the fact that sometimes there are interruptions of services and events that are beyond the control of IVANA FILIP STUDIO, vl. Ivana Filip, and accepts that IVANA FILIP STUDIO, vl. Ivana Filip is not responsible for any loss of data that may occur during the transfer of information on the Internet. The end-user agrees and accepts that access to the Website may sometimes be easy, temporarily unavailable or excluded.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
TERMS OF PURCHASE
These Terms and Conditions define the process of ordering, paying, delivering and returns of products and service offered on this site. The procedure and the conditions for purchasing/selling goods through the Internet store are defined through the following stages:
• Using the web shop service
• Notice on how to file consumer complaints
• Duration and termination of the contract
The supplier of the ordered goods and services is IVANA FILIP STUDIO, vl. Ivana Filip, whose store allows you to purchase its range of goods.
The buyer is a natural or legal person who orders or pays for the service of delivery of the product
IVANA FILIP STUDIO, vl. Ivana Filip, through an Internet shop. Items are delivered at prices valid on the day of ordering.
IVANA FILIP STUDIO, vl. Ivana Filip reserves the right not to deliver the order if there is a suspicion of abuse.
USING THE WEB SHOP
To use the services of an Internet store, you must be at least 18 (eighteen) years old.
The buyer is responsible for the accuracy and completeness of the data entered when registering and purchasing. If there is any change in the information you entered during the purchase, please inform us as soon as possible via the email address: email@example.com.
MODIFICATIONS TO THE SERVICE AND PRICES
All prices represent retail prices and are expressed in Euro (EUR) with info amount in Croatian Kunas (KN), and do not include VAT: VAT-exempt pursuant to Art. 90 of the VAT Act (physical and legal which are not in the VIES base regardless of whether they are located in Croatia, the EU or third countries), exempted from VAT pursuant to Art. 90 of the VAT Act (natural persons regardless of whether they are located in Croatia, the EU or third countries), the Service is taxed according to the place of recipient of the service and is exempt from VAT pursuant to Art. 17 paragraph 1 of the VAT Act noting “Reverse charge” (legal entities located in the VIES database and legal entities from the EU that have the exemption of enrolment in the VIES database, legal entities from third countries).
The highlighted retail prices are valid at the time the order is received. Action offers are valid only at the time of order and can be changed without prior notice.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Some expectations are impossible to meet.
Products are ordered electronically. By pressing the “In cart” button, the selected product is added to the consumer basket. Products are considered to have been ordered at a time when the buyer goes through the entire “Billing” process and confirms that he has read the terms of the purchase and agrees with them.
Web shop IVANA FILIP STUDIO, vl. Ivana Filip enables the following method of purchase: purchase as guest user. After the completed and sent order, the buyer will receive an e-mail with an automatically generated message from the Web shop IVANA FILIP STUDIO, vl. Ivana Filip that the order has been received.
If the Seller is not able to deliver all ordered products, an email will be sent to the Buyer in a timely manner to inform about other possibilities. If customer does not agree with the offered changes or delays, customer can cancel the order in full or customer can cancel the order until the moment of its delivery. After that the buyer is obliged to pick up the shipment.
The buyer is obliged to pay the price of the purchased item. The buyer is obliged to pick up the purchased item when delivering.
For all complaints, the Buyer is authorized to contact the Seller.
If the customer does not take over the shipment within 3 (three) working days, the re-sending of the package will be charged again.
The buyer is enabled to purchase all available products and the data entered is used only for immediate purchase. The data will be stored in the Internet store’s customer database for a limited time of 1 (one) year after which it is deleted.
The ordered goods will be packed in such a way that the usual manipulation in transport cannot damage it. The buyer is obliged to check the consignment before picking up the consignment, and refuse to receive the damaged consignment immediately.
Where the goods are supplied for export from Croatia, the buyer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and notifying to the seller the requirements of any such legislation or regulations requiring action on the part of the seller. The buyer is responsible for the payment of any duties in connection with the good and the seller will provide all necessary documents to make this importation duty-free.
The seller shall have no liability for any claim in respect of any defect in the goods which is made after shipment, or in respect of damage during transit.
The buyer is obliged to pay IVANA FILIP STUDIO, vl. Ivana Filip, by means of payment listed on the website of the Internet store: bank transaction, PayPal, Maestro, iDEAL, Visa, Visa Electron, V Pay, Mastercard, American Express, Union Pay, JCB, Bancontact, iCard, Apple Pay, Samsung Pay, Google Pay.
If you wish to pay by your business transaction account, please contact us at: firstname.lastname@example.org.
Payment is made once in the account of IVANA FILIP STUDIO, vl. Ivana Filip. After the customer has paid for the product on the Web shop, an invoice with all the data will be sent to the electronic address of the account recipient. Upon receipt of funds to our business account, the goods will be sent to the delivery address. The delivery time for all products is 30 (thirty) days from receipt of payment to the account.
DELIVERY OF ORDERS AND DELIVERY
Delivery cost within Croatia is free, within European Union is 20 (twenty) euro, outside of European Union 30 (thirty) euro.
All orders are delivered by Hrvatska pošta, GLS and DPD, delivery service to their own delivery vehicles on weekdays. The delivery date of the product from the date of payment per offer is 30 days.
If we do not have a product available, we apologise for any inconvenience. In this case, we will contact you and arrange if you wish to cancel or wait for the product to come.
DURATION AND TERMINATION OF AGREEMENT
The contract concluded by the consumer for the purchase and sale of products and services is a one-time contract, consumed by the delivery of the good or service by the seller and the payment made by the consumer, in the event that it is not terminated. These Terms and Conditions are an integral part of the concluded Consumer and Merchant Agreement.
UNILATERAL TERMINATION OF AGREEMENT
The notice of unilateral termination can be found on our website. The filled-out form can be sent to our email address: email@example.com.
We will provide you with confirmation of reception of the notice of unilateral termination of the contract, without delays, by e-mail, within 15 (fifteen) days of its reception.
INSTRUCTIONS FOR UNILATERAL TERMINATION OF THE CONTRACT
You can unilaterally terminate the contract within 14 (fourteen) days without giving a reason. In order to be able to exercise the right to unilaterally terminate this Agreement, you must inform us of your decision to unilaterally terminate the contract before the expiry of the deadline by an unequivocal statement sent by e-mail, in which you will provide all necessary information.
The deadline for unilateral termination is 14 (fourteen) days from the date on which you or a third party designated by you and other than the carrier, have been handed over the goods that are the subject of the contract.
We can only refund the money after the goods have been returned to us or after you have
provided proof that you sent the goods back to us.
If the buyer unilaterally terminates this contract IVANA FILIP STUDIO, vl. Ivana Filip undertakes to make a refund of the money received, excluding the delivery costs, without delay, and no later than 14 (fourteen) days from the day the goods are returned or after proof that the goods have been sent back has been delivered.
In the event that the Buyer decides to refund, the amount of the sales price of the returned products will be credited to your account in the same manner as it was paid or as agreed if that does not represent higher costs for the Seller.
Products returned by customer must be unworn, undamaged, unwashed and with original labels.
We will be under no liability or further obligation in relation to the Goods if:
if you fail to provide notice as set above; and/or
you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
the defect arises because of carelessly testing the product when the size is not suitable, causing damage to the material, bursting of the seams, cracking of the zipper; and/or
the defect arises because of careless testing where traces of powder, makeup and other cosmetic products remain on the products; and/or
the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
the defect arises from normal wear and tear of the Goods; and/or
the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
When unilaterally terminating the contract, the Buyer may decide:
-on the refund of the paid funds, in which case the Buyer delivers the goods to the Seller’s address at Buyer’s expense. The Seller, after receiving and checked the goods, transfers the funds to the account excluding the shipping costs;
-to exchange the item for another item or exchange the same item for another size. In this case, the Buyer delivers the goods to the Seller’s address at Buyer’s expense. The Seller sends him a replaced item or the same item of other size after receiving the goods. The Seller charges the costs of re-delivery, as well as in case of surcharge of the price difference.
RETURN OF GOODS
In case of returning the product, please contact us previously at: firstname.lastname@example.org.
Send the goods to us without undue delay, and in any case no later than 14 (fourteen) days from the day you referred your decision to unilaterally terminate the contract.
All our products have a prominent Size Chart, and return of goods due to incorrectly ordered size is not possible.
It is considered that you have fulfilled your obligation on time if you send or hand over the goods to us before the expiry of the aforementioned deadline.
Direct costs of return of goods are payed by the Buyer.
In the event of the use of the right to unilateral termination of the contract, the consumer/buyer is liable for any impairment of goods resulting from the handling of goods, except those necessary to determine the nature, characteristics and functionality of the goods.
THE CONSUMER, PURSUANT TO THE PROVISIONS OF ART. 79. THE CONSUMER PROTECTION ACT DOES NOT HAVE THE RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT IF:
– the contract of services was fully fulfilled by the trader, and the fulfilment began with the express prior consent of the consumer and with his confirmation that he is familiar with the fact that he will lose the right to unilaterally terminate the contract from this section if the service is fully fulfilled
– the subject of a contract of goods or services whose price is dependent on changes in the financial market outside the trader’s influence, which may arise for the duration of the consumer’s right to
unilateral termination of the contract
– the subject of the contract, goods that are made according to the consumer’s specification or which are clearly adapted to the consumer such as our “Memento” unique artwork
– the subject of a contract to supply digital content that has not been supplied on body media if
the fulfilment of the contract began with the express prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract.
LIABILITY FOR MATERIAL DEFECTS OF THE PRODUCT
In accordance with the Consumer Protection Act (Official Gazette 2013/2013) 41/14., 110/15., 14/19.) the provisions of the Law on Obligations apply to relations between the consumer and the trader in the event of a material defect (Official Gazette 35/05, 41/08, 125/11, 78/15) on liability for material defects. The consumer is obliged to inform the seller of the existence of shortcomings without delay, and no later than two months from the day he discovered the lack. As a seller we are liable for material defects of things that it had at the time of the risk transition to the customer as well as for those material defects that arise after risk transition to the customer if they are due to a cause that existed before that. For material lack of sold items that show up after two years of selling things seller does not respond.
The seller is liable for material defects if the product had a defect at the time of the risk transition to the Buyer. The seller is also liable for those material defects that occur after the risk transition to the Buyer if they are due to the cause that existed before that. The seller is not liable for a minor material defect.
Pursuant to Art. 10. Pg. 3. Consumer Protection Act (“Official Gazette, No. 41/14, 110/15, 14/19.) we inform consumers that they may submit a complaint expressing their dissatisfaction with the purchased product or the quality of the service provided in writing. The consumer’s written complaint form is available on our website.
You can send your complaint to: email@example.com.
We will submit a written reply to the received complaint within 15 (fifteen) days from the date of receipt of the written complaint, and therefore we ask you to provide us with requested information.
In case of complaint due to material defect on the product, the buyer should fill in the written complaint of the consumer and send it to the Seller within the legal deadline. The complaint will be considered valid if the inspection of the product determines that it corresponds to the conditions for complaint in accordance with the Law on Obligations and the Consumer Protection Act.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
IVANA FILIP STUDIO, vl. Ivana Filip is the owner of www.ivanafilip.com, owner of copyright, conceptual and execution project as well as all software applications on this site. All photographs, as well as all textual materials are the property of IVANA FILIP STUDIO, vl. Ivana Filip, and without knowledge and written consent it is not allowed to copy and/or use the information on this site for commercial purposes. All rights reserved. Any copying, distribution, transmission, publication, connection, in-depth connection, or otherwise alteration of this website without the express written permission of IVANA FILIP STUDIO, vl. Ivana Filip is strictly prohibited! Violation of the Terms and Conditions may lead to litigation and/or prosecution of the perpetrator for infringement of copyright, trademark rights, or rights of any other form of intellectual property.
By using this website, you expressly undertake not to use the data and information, especially photographs and texts, as well as any other materials owned by IVANA FILIP STUDIO, vl. Ivana Filip, in the law prohibited or by these conditions’ illicit acts or purposes.
The website contains materials protected by copyright, trademark, design and other information covered by other rights of natural or legal persons, including, but without limitation, texts, photographs, graphics, as well as the entire content of the www.ivanafilip.hr website, in accordance with the regulations of the Republic of Croatia.
The end-user may not modify, publish, transmit, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part. The end-user may download, print and store copyrighted materials for their own use only. It is not allowed to copy, redistribute, re-transfer, issue or commercially exploit the downloaded material without the express written approval of IVANA FILIP STUDIO, vl. Ivana Filip and the copyright holder.
You are not allowed to use automated systems or software to extract data from our Website (aka ‘screen scraping’).
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall IVANA FILIP STUDIO, vl. Ivana Filip, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless IVANA FILIP STUDIO, vl. Ivana Filip and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Croatia.
OUT – OF – COURT RESOLUTION OF CONSUMER DISPUTES
In the event of a dispute, in accordance with the Law on Alternative Consumer Dispute Resolution (NN No. 121/16), propose an alternative resolution of the dispute before one of the authorities designated for alternative resolution of consumer disputes operating in the Republic of Croatia, e.g.:
– Centre for Mediation at the Croatian Mediation Association, Zagreb, Tesla 1/I, firstname.lastname@example.org
– Profi Test d.o.o., Mediation Centre, Mediator, Bjelovar, Petra Hektorovića 2, email@example.com
– Court of Honour at the Croatian Chamber of Commerce, Zagreb, Roosevelt Square 2nd,
– Centre for Mediation at the Croatian Employers’ Association, Zagreb, Radnička cesta 52/1,
– Mediation Centre at the Croatian Chamber of Commerce, Zagreb, Roosevelt Square 2.
ONLINE DISPUTE RESOLUTION
Special Regulation of the European Union, as of 15.2. 2016, disputes online purchases can be solved through the ODR platform for online consumer disputes. The online consumer dispute resolution platform can be accessed by the customer via the link:
This means that during online purchases within the EU (defective product, inability to replace products, etc.), you can file your complaint in a faster and simpler way on the link above, and a complaint can be filed in any of the 23 official EU languages.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at: firstname.lastname@example.org.
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