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GENERAL TERMS AND CONDITIONS OF OREA
1. RECITALS

1.1. The owner of this web page is company Orea Bazaar d.o.o., having the seat at the address Lanište 18 in Zagreb, Republic of Croatia, PIN: 03402308165 (hereinafter as: „OREA“)

1.2. By these Terms and Conditions, OREA wants in understandable manner inform the buyers and potential buyers of circumstances important for entering into, executing and terminating the contract. OREA presents the platform on which the seller can offer and buyers can buy the offered products which inter alia means as it follows:

1.3. These Terms and Conditions are formed in compliance with Law on Consumers\’ Protection, Law on Commerce, Law on Electronic Commerce, Law on Obligations and other laws which regulate rights and obligations in contractual relationships.

1.4. For the purposes of clear understanding of the expressions in these Terms and Conditions, the following expressions will have the meaning pursuant to following definitions:

“Buyer” means private or business entity interested in purchase or who has already purchased the seller’s product at web- page www.oreabazaar.com.

These Terms and Conditions are adapted to both, private and business entities as buyer, whereas OREA ensures equal standard and quality of the service, notwithstanding whether the buyer is private or business entity. However, the law recognizes the higher level of legal protection to the buyers – private persons as consumers, then to the business entities. By these Terms and Conditions, OREA ensures such protection to the buyers – private persons as consumers (e.g. possibility to unilaterally terminate the contract concluded remotely pursuant to Art 6 of these Terms and Conditions which is ensured only to buyers – private persons).

“OREA” Orea Bazaar d.o.o.
Lanište 18, 10 000 Zagreb
Republic of Croatia
PIN: 03402308165
email: [email protected]
phone: +387 61 680 880
IBAN: HR7024840081135278068 , open with Raiffeisenbank Austria d.d.

„Seller“ means private or business entity who advertises and sells the products at OREA

“Buyer” means private or business entity interested in purchase or who has already purchased the seller’s product at web- page www.oreabazaar.com.

“Contract” means obliging agreement between the Seller and the Buyer, the content of which is stated in these Terms and Conditions. By advertising and offering the products for the sale at OREA, the Sellers accept to sell and Buyers accept to buy the products pursuant to the rights and obligations as stated in these Terms and Conditions.

OREA undertakes the obligations towards the Buyer and the Seller only in cases where it is explicitly stated in these Terms and Conditions.

2. PRODUCTS

The Buyers have at disposal the products which are offered at OREA platform at the time of placing the order.

The colors and dimensions of the product offered at OREA platform can differ from the photo.

3. PURCHASE PRICE; PAYMENT TERMS AND CONDITIONS

3.1. Purchase price of the products are presented at the web-page for each particular product, whereas the purchase price of each product is presented in Croatian kunas and in euros, with application of fixed conversion rate 1 EUR = 7,53450 kunas. The VAT cost, in case where it is applied, is included in the purchase price. Before the order confirmation, the Buyer is in a clear manner informed of overall final price that needs to be paid for ordered product.

3.2. The delivery costs are not included in overall final price. The delivery cost will be defined by the external cooperant providing the delivery service. This cost will be presented separately (as a separate, additional cost) in course od realization of the purchase process at OREA platform.

3.3. In case of making the payment via e-banking, the payment fees and/or fees of bank transaction are not included in the purchase price.

The Buyer can make the payment of the purchase price in one of the following ways:

3.5. The Seller will issue the invoice to the Buyer and will deliver it via email at least 30 days as of the day of the payment of the purchase price or will deliver the invoice in physical form in case where the Buyer has chosen the cash payment.

4. CONCLUSION OF THE CONTRACT; DELIVERY TIME AND DELIVERY TERMS AND CONDITIONS
4.1. Order

4.1.1. Order placing is done electronically. The Buyer can place an order as a registered or unregistered user. Having selected “Add to the cart”, the chosen product will be added in the consumer’s cart. The products will be deemed ordered at the moment when the Buyer has passed through the complete payment process or when it chooses the payment at the time of the delivery, if the Seller has approved such payment manner in its virtual shop. At that moment the Buyer will receive the order confirmation via e-mail confirming that the order has been received successfully.

4.1.2. The Sellers will try to ensure the availability of all ordered products. However, in case of unavailability of the ordered products, the Seller is due to inform the Buyer thereof within one working day as of the day of the order confirmation, whereas the Seller will offer the delivery with a longer deadline to the Buyer.

4.2. Delivery

4.2.1. The delivery service will be performed via external delivery service selected by OREA and/or Seller, whereas the delivery services which are at disposal for the delivery of the certain product will be, in a clear manner, presented to the Buyer in course of ordering process.

4.2.2. The delivery will be performed to all countries which are at OREA platform designated as countries of the delivery of the product.

4.2.3. The framework delivery time is up to 30 working days, excluding the weekends, holidays and other non-working days. The Buyer will be informed of the estimated delivery time in the confirmation order email.

4.2.4. Sellers reserves the right to change the agreed delivery deadline due to aggravated circumstances which have occurred subsequently or due to the circumstances which are out of Seller’s control and, in agreement with the Buyer, to suggest the new delivery deadline.

4.2.5. The delivery will be performed at the address designated in the order. The ordered products will be packed in a manner that prevents the damage incurring in course of regular handling.

4.2.6. The Buyer is exclusively liable for ensuring the receipt of the product at designated address and, if the Buyer is not personally available for the receipt, the Buyer is due to ensure the presence of another adult person at the delivery address. The delivery service will not deliver and leave the products for which there is no signed confirmation of receipt signed. If the Buyer will refuse signing the confirmation of receipt, the delivery will be marked as rejected.

4.2.7. The delivery service will try to deliver the products not more than twice. If the Buyer, in two delivery attempts, does not take over the products, the order will be deemed cancelled and the product will be returned to the Seller. In that case, the Buyer has right to request the return of the purchase price within 8 days as of the date from the last delivery attempt, whereas the Buyer bears the costs of unsuccessful delivery attempts and the costs of the return of the product to the Seller. The Buyer can direct the request for the return of the purchase price either to the Seller, or to OREA, whereas OREA will be due to return the purchase price if, at the time of filing the return request, the paid purchase price is at OREA’s business bank account. Seller will be due to return the purchase price if, at the time of filing the return request, the purchase price has already been transferred by OREA to Seller’s business bank account.

4.2.8. The Seller will accept the justified return request within 14 days as of the date of the receipt of the request.

4.2.9. The delivery can be stopped due to the force majeure, e.g. (but not exclusively) closed traffic due to the wind, interruption of ferry lines and similar. In such case, the Seller will put all reasonable efforts to inform the Buyer timely thereof and to agree on alternative delivery deadline.

4.2.10. In case of the delivery, due to the circumstances for which there is Seller’s liability (including the regular delivery performance by the delivery service), is delayed more than 3 days than maximal delivery period designated for a particular product, the Buyer has a right to cancel the order which can be done at OREA platform by selecting the option “Request the order cancellation”. In such case, the complete amount of the paid purchase price will be returned to the Buyer

5. DURATION OF THE CONTRACT

The Contract concluded in a manner defined in these Terms and Conditions is one-time sale and purchase contract. Accordingly, the Contract is performed when the Buyer receives the ordered product and when it pays the sale and purchase price for that product. Notwithstanding the fact that the Contract has been performed, the Buyer has rights and obligations pursuant to Art 6 – 8 of these Terms and Conditions.

6. UNILATERAL TERMINATION

6.1. The Buyer – exclusively if the private person (consumer) is in matter, can unilaterally terminate the Contract without exposing the reason in 14 days as of the date of receipt of the product. By enabling the realization of this right, OREA and the Seller ensure to the Buyer the level of legal protection set by the Law on Consumers’ Protection. In all other cases, where the Buyer is a business entity, the Buyer by setting the order, enters into the Contract which can not be unilaterally terminated in this manner, unless the Seller approves it in certain cases.

6.2. The Buyer who wants to terminate the Contract needs to inform the Seller or OREA thereof before the expiry of the deadline, by sending an unambiguous statement via email address or via regular post, in which it will state its name and surname, address, telephone number and e-mail address.

6.3. In case of unilateral termination of the Contract on basis of this Article, the Buyer is due to, on its own cost and via delivery service on its own organization, return the product exclusively at the Seller’s address within 14 days, whereas the address is stated in the email in order confirmation. The return at the OREA’s address will not be deemed a valid return in sense of realization of the right to unilateral termination pursuant to this Article.

6.4. In case where the Buyer would unilaterally terminate the Contract, OREA is due to return the sale and purchase price within 14 days, on the bank account from which the payment of the sale and purchase price was made. In case where, at the time of return request, OREA has already transferred the sale and purchase price to the Seller, the Seller is due to make a return payment.

6.5. The Buyer is liable for each decrease of the value of the product, which is result of using the product, apart from usage which was necessary for determining the nature, features and functionalities of the product. Decrease of the product will be estimated exclusively by the Seller who delivered the product to the Buyer and to whom the product is returned on basis of this Article. OREA neither participates, nor undertakes any liability for the estimation of decrease of the value of the product.

6.6. In case where the Seller would estimate that the Buyer, prior to return of the product at the Seller’s address, has decreased the value of the product up to 50%, the Buyer achieves the right for the return of 50% of the sale and purchase price. In case where the Seller would estimate that the Buyer, prior to return of the product at the Seller’s address, has decreased the value of the product more than 50%, the Buyer loses the right to return the sale and purchase price.

7. TERMINATION DUE TO THE MATERIAL DEFECTS OF THE PRODUCTS

7.1. Material defects of the products are the defects which existed at the time of the delivery of the products, whereas the Buyer was not able to notice it in course of the hand-over of the products, or which have occurred as a consequence of some circumstance which had existed at time of the delivery of the product (e.g. incorrect package), whereas the defect has occurred within 6 months as of the date of the delivery of the product to the Buyer.

7.2. In situations mentioned hereinabove, the Buyer is due to inform the Seller without any delays thereof, and at least within 2 months as of the date when the defect is noticed i.e. two years as of the date when the product has been delivered. Besides the Seller, the Buyer can report the material defects to OREA, OREA will forward the information to the Seller, without any delays, for further resolution. In any case, the Seller is exclusively liable for material defects of the product.

7.3. It will be deemed that the material defect does not exist, and that the product has all contracted features and features expected from the same or similar products if the Buyer has informed the Seller of the material defects after it had consumed/used 20% of the product from one package, in case where the product consists of more same and/or similar products.

7.4. In case of justified objection related to material defect od the product, the Buyer has right to replacement with another product without defect, decrease of the price or termination of the Contract, all depending on circumstances of concrete case and pursuant to the Law on Obligations. The Buyer can realize the rights related to the material defects of the product upon the presentation of the invoice for the product in matter.

7.5. OREA can not, in any way, be deemed liable for the communication and/or realization of any rights and/or obligations related to material defects of the products. The Seller and the Buyer are due to communicate and perform the rights and obligations exclusively directly toward each other.

8. RESOLUTION OF THE OBJECTIONS; COMPETENCE IN CASE OF THE DISPUTE

8.1. Having in mind the regulation 524/2013 on online resolution of consumers’ protection, all disputes related to online shopping can be resolved via platform that can be accessed here

8.2. This means that, in case of any challenges in course of online shopping within EU (incorrect product, impossibility of replacement of the product etc.) the objection can be filed on the link hereinabove, at any of the official EU languages.

8.3. The trust is a profound value of our business, and we invite the buyers to, if they want, firstly direct their inquiries/objections to us, so that we can try to resolve the occurred obstacles in a short notice. The Buyers can direct all inquiries, objections, complaints and similar to contact e-mail [email protected]

8.4. OREA will respond, in written, to all objections within 15 days as of the day of the receipt of the objection. For the purposes of receiving the response on the objection, the Buyer is due to disclose its accurate contact data in its objection.

8.5. OREA will try to resolve all potential disputes in an amicable manner. In case where the amicable resolution will not be possible, the court competent for the dispute resolution will be in Zagreb, Republic of Croatia.

8.6. In case where the consumer’s objection is related to the obligations which, pursuant to these Terms and Conditions, has the Seller (and not OREA) toward the Buyer, the Buyer can direct such objection directly to the Seller at the email address stated in the order confirmation. In case where OREA would receive such objection, it is not competent to bring any decision on such objection, and will forward the objection to the Seller, after which it will inform the Buyer thereof.

9. MISSCELANEOUS

9.1. OREA can at any time amend and/or supplement these Terms and Conditions, without any prior notification, and publish amended /supplemented Terms and Conditions at web-page www.oreabazaar.com. The Sellers and the Buyers will be informed of the amendments and supplements first next occasion where they will visit OREA or via email. The notification on the amendments and supplements will be available to the Buyers and Sellers at least 8 days before the amendments and supplements will enter into force.

9.2. In case where, due to the particularities of certain product or sale and purchase process, would be necessary that some of the terms, including the delivery, insufficiencies or similar terms differ from the terms stated in these Terms and Conditions, such differentiation will be, in a clean manner, stated in course of ordering process.

9.3. These Terms and Conditions are last time updated and published on 4 November 2022.

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