ACI d.d. Online shop General Terms and Conditions
- Purchase of products listed on the www.shop.aci-marinas.com website is carried out in accordance with the provisions of these General Terms and Conditions of use of the Online Shop (hereinafter: General Terms and Conditions). With each online purchase, the Customer expressly agrees to the General Terms and Conditions, made public on the www.shop.aci-marinas.com website (hereinafter: Website), thereby confirming that he/she fully understands and accepts them. By using this website, the Customer is deemed at all times to be familiar with the provisions of the General Terms and Conditions and to fully understand and accept them. The provisions of the General Terms and Conditions are fully harmonised with the provisions of the Consumer Protection Act (OG 19/22); and the Croatian and EU legal regulations apply to all issues not covered by the General Terms and Conditions.
- The General Terms and Conditions apply to the rights and obligations related to the purchase of Products through the Online Shop and the rights and obligations arising from those legal relationships. The General Terms and Conditions are considered an integral part of the Contract, and they set out the method and conditions of a Product placing order process, general provisions on the price of the Product, the method and conditions of payment, guarantees, complaints and returns, product delivery, customer’s right to a written complaint, the right of withdrawal, provisions on the protection of personal data and other issues related to the use of the Website and online shopping.
Meaning of terms in the General Terms and Conditions
For the purpose of these General Terms and Conditions, particular terms have the following meanings:
- Online Shop means the online shop on the Seller’s website.
- Seller means the company that provides the service of selling products and services in the Online Shop, which are the Seller’s promotional material or are part of its registered activity.
- Customer means any person who, as a visitor to the Online Shop, registers and logs into the Online Shop or, as a guest, logs into the Online Shop, and selects at least one product, adds it to the basket, and pays the purchase price using a payment card.
- Consumer means, in accordance with the Consumer Protection Act, any natural person who enters into a legal transaction or is acting for purposes that are outside his/her trade, business, craft or profession, or, in accordance with the Civil Obligations Act, any natural person who enters into a sales contract outside of his/her trade, business, craft or profession.
- User means any person who uses the Website for the purpose of purchasing products listed in the Online Shop or for obtaining information about products sold in the Online Shop.
- Recipient means the person to whom the purchased Product is delivered, who is different from the person of the Customer and is indicated as such by the Customer while placing the order.
- Products means all the products and services listed in the Online Shop, which can be purchased online and are the Seller’s promotional material or are part of its registered activity.
- Contract means a one-time sales contract concluded between the Customer and the Seller at a distance, which is finalised when the goods are delivered and the payment is made by the Customer, providing it is not terminated. These General Terms and Conditions form an integral part of the contract. In the case of any discrepancies between the General Terms and Conditions and the contract of sale, the provisions of the contract of sale shall apply
- Basic information and contact details of the Seller are as follows:
Name: ADRIATIC CROATIA INTERNATIONAL CLUB, za djelatnost marina d.d.
Address: Rudolfa Strohala 2, 51000 Rijeka
Personal identity number (OIB): 17195049659
Company’s Registration No (MBS): 040002541
Tel: +385 51 271 824
web: shop.aci-marinas.com / www.aci-marinas.com
IBAN: Raiffeisen Bank HR0524840081102033652, Erste&Steiermarkische Bank HR8624020061100387820
SWIFT: Raiffeisen Bank – RZBHHR2X, Erste&Steiermarkische – ESBCHR22
- The Seller reserves the right to amend the General Terms and Conditions at any time, without prior notice. Amendments to the General Terms and Conditions come into force on the day they are made public on the Website. The Seller has the right to change, limit or stop the sale of Products in the Online Shop at any time and without prior notice.
- The Seller has the right to partially or completely restrict access to and/or provision of certain services to Users who violate the provisions of these General Terms and Conditions.
- All written enquiries, objections and proposals can be sent to the Seller using the contact details specified in paragraph 3.1 of this article.
- A Customer is any legal or natural person which is a visitor to the Online Shop and which places an order with the Seller for the purchase of an individual product and/or a group of products listed by the Seller, selecting at least one product, adding it to the basket, and paying by credit card.
- A Customer can only be a legal adult with legal capacity. Contracts can be concluded in the name and on behalf of minors and persons with a complete lack of legal capacity by their legal representatives or guardians. Persons with partial legal capacity can conclude a contract only with the consent of their legal representative or guardian. The Seller bears no responsibility for actions contrary to this provision.
- The current Civil Obligations Act applies to legal entities.
- All prices of all Products in the Online Shop are retail prices (RP). Product prices and delivery charges are in euros (EUR) and kunas (HRK) and include VAT. The price of a product does not include delivery charges, which will be specified separately when placing a product order.
- The seller is authorised to change at any time and without prior notice the prices of the Products in the Online Shop and to offer discounts, daily or weekly promotions, promotions for an individual Product, a group of Products, and/or for all Products. The mentioned benefits will be clearly marked in the Online Shop by the Seller. The conditions of a sales promotion will be described in detail, especially the duration of the sales promotion and the discount rate.
- The price that the Customer will pay is the price of the Product that is displayed in the Online Shop at the time when the order is placed by the Customer.
Online shopping process – registration and placing an order
- Both registered and unregistered customers can place orders for Products. Registration is done by creating a user account. Registration is free. During registration, the Customer creates a username and a password. The Customer is responsible for all actions and orders made under his/her username. Both registered and unregistered Customers are responsible for the accuracy and completeness of the data entered during registration and/or purchase.
- It is possible to search for Products using a search engine. The Customer can choose one or more products from the Seller’s range that he/she is interested in buying and, by clicking on the “Add to Basket” button, add the products to his/her basket. The Customer can check the status of the Products in the web basket at any time, as well as replace the products, change the number of the items or delete the selected Products from the basket. By clicking on the “Submit Order” button, the Customer makes an irrevocable offer to the Seller for the purchase of an individual product or a group of products.
- The purchase cannot be completed if the Customer has not confirmed that he/she agrees with the General Terms and Conditions.
- The purchase is valid only if the order form is properly filled in and submitted via the Online Shop. This also applies to Customer’s additional requirements, conditions or instructions, which may be related to the purchased Product(s). If the Seller is unable to deliver the product because the ordered product is not in stock or cannot be ordered from the supplier, the Seller will notify the Customer in writing as soon as possible. If notified about the availability of the ordered product in an extended period of time, the Customer has the option to proceed with the order, which has a new, specified, delivery date, or cancel the order. If the Seller informs the Customer that the product cannot be ordered from the supplier at all, the contract shall be terminated by such notification itself and the order shall be cancelled; the credit or debit card transactions that have not been authorised shall be cancelled immediately, and the Seller shall return the paid amount to the Customer, if such payment has occurred.
- The order is considered confirmed and valid at the moment when the Customer completes the order by clicking on the “Submit Order” button and at the same time receives a confirmation e-mail.
- The order contains the following information:
- Customer’s name and surname, Customer’s address and contact details (telephone number and email address) or the name of the Customer’s legal entity, Customer’s place of business, business address and contact details (telephone number and email address, and the name(s) and surname(s) of the person(s) in charge of communication related to the delivery)
- Quantity and type of Products ordered
- Price per unit and total price of the Product(s), including public contributions
- Method of payment.
- When placing an order for Products in the Online Shop, the Customer must read the General Terms and Conditions for Online Shopping and explicitly agree to them, otherwise submitting the order will not be possible.
- When placing an order for Products in the Online Shop, the Customer must give his/her explicit consent for the processing of his/her personal data specified in the order, which were not given while registering; otherwise submitting the order for Products in the Online Shop will not be possible.
- To complete the order and submit it to the Seller, the Customer must select the “Complete Purchase” option.
- The Product order form and the General Terms and Conditions represent the Seller’s offer to conclude a distance sales contract, and the Customer, by submitting the order, i.e. selecting the “Complete Purchase” option, accepts it and undertakes to pay the agreed price for the ordered Products, whereas the Seller undertakes to deliver the ordered Products to the Customer. By selecting the “Complete Purchase” option, the Customer submits the order. The electronic contract is concluded at the moment the Seller has received an electronic message containing the Customer’s order, and the order is considered received by the Seller at the moment when the payment of the order price is visible on the Seller’s bank account. The sale of products in the Online Shop is possible only by submitting an order online, in accordance with the terms and conditions specified in the order and set out in the General Terms and Conditions.
- Product availability depends on numerous factors. The Seller will make all reasonable efforts to ensure the availability of all products, but this will not be possible at all times.
- Confirmation of the Customer’s order is delivered to the Customer via email after he/she has placed the product order via the Online Shop (hereinafter: Order Confirmation). The Order Confirmation does not represent the acceptance of the order by the Seller.
- The acceptance of the order by the Seller will only follow if the payment of the purchase price and all other associated costs is guaranteed in full and without any reservations by the Customer, and if the Seller has confirmed the availability of the item in accordance with the elements of the Customer’s order.
- After the Seller has accepted the Customer’s order, the terms and conditions of each purchase contract between the Customer and the Seller are fixed and cannot be changed, unless the contracting parties reach a different agreement in writing.
- The prices are in euros (EUR) and Croatian kunas (HRK). The prices include value added tax (VAT). Product prices do not include delivery charges.
- Customers can pay their purchased goods by credit or debit card, via bank transfer, at a post office, at a FINA branch office, by online banking or at a bank in accordance with the terms and conditions specified in these General Terms and Conditions. Payment in instalments is not possible.
- The Customer agrees that the Seller, in the case of a suspected fraudulent use of any method of payment, may request additional evidence of the validity of the method of payment, and if such evidence is not submitted, the Seller has the right to stop the transaction and cancel the order.
- The Customer confirms and agrees that his/her payment service provider, for the purpose of fulfilling the Customer’s payment obligations to the Seller, may charge the Customer processing fees that are unknown to the Seller. The customer agrees to bear all such costs himself/herself. If the Customer is a person who is not a citizen of one of the European Union member states, the possibility of deducting input tax is evaluated in accordance with the applicable international double taxation avoidance agreements. The Seller bears no responsibility for the refund of value added tax and/or other applicable taxes the Customer has paid, nor undertakes any obligation of any kind to assist the Customer in the refund of value added tax and/or other applicable taxes.
- Products are delivered to the Republic of Croatia mainland, most of the islands, and the European Union states. The ordered products will be packaged in such a way that they cannot be damaged by normal handling during transport. The Customer is obliged to check the package before accepting it, report any visible damage immediately, and refuse to receive a damaged package.
- The price of delivery within the Republic of Croatia is HRK —- including VAT per shipment, unless otherwise specified in the Product purchase process itself.
- Products are delivered no later than within 5 (five) working days from the notification that the order has been received, i.e. that the Product order has been placed (in the event of exceptional or changed circumstances, the delivery may take longer, and it depends, in particular, on the courier service and its operation).
- If the delivery of the purchased goods is not possible at the address specified by the Customer, due to the fact that the Customer is not at the indicated address at the agreed time, the costs of redelivery, as well as all other possible costs incurred by the failed delivery, shall be borne exclusively by the Customer.
- The product is considered delivered when the Customer or a person authorised by the Customer initials the proof of delivery and submits it to the delivery service.
Product return and the right to complain
- The Customer is obliged to inspect the delivered Product in the usual way when taking over the Product, and if there is visible damage, he/she has the right to refuse the delivery and ask the Seller to deliver an undamaged product. In this case, the Customer shall not sign the proof of delivery.
- If the product has a hidden defect (a defect that could not be detected during normal inspection at delivery), which the Customer has discovered after opening the package, the Customer is entitled to the termination of the contract and a refund, or product replacement, product repair or price reduction.
- The Customer has the right to submit a written complaint within 8 (eight) days from the day of accepting the Product, either by email or by registered mail to the addresses given in Seller’s contact details. The Customer must specify the order number, sales receipt number or his/her username in the complaint. The Seller will respond to the complaint within 15 (fifteen) days from the day the complaint was received. If the complaint is legitimate, the Customer is entitled to the termination of the contract and a refund of the amount paid or the right to exchange the product for an undamaged and functional product, whereby the cost of replacing the Product with a new Product is borne entirely by the Seller.
- The Seller shall maintain and keep written records of complaints for at least one year from the date of receiving the Customer’s complaint.
Withdrawal from a Contract when the Customer is a consumer in terms of the Consumer Protection Act
- The Customer has the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) days from the day when the Product was delivered to the Customer or the Recipient, or, if more Products ordered in one order were delivered to the Customer, from the delivery of the last Product.
- The Customer does not have the right to withdraw from the Contract in the cases set out in Article 86 paragraph 1 of the Consumer Protection Act. (3)
- In the event of the withdrawal from the contract, each party is obliged to return to the other party what it has received on the basis of the contract.
- The right of withdrawal from the Contract is exercised by sending an unequivocal statement about the decision to withdraw from the Contract, within the specified time limit, in one of the ways and containing all the information set out in these Terms and Conditions or via the form available here: STATEMENT OF WITHDRAWAL FROM THE CONTRACT
- The Customer shall send the statement of withdrawal from the contract by email or by registered mail to the addresses given in Seller’s contact details. In the Statement of withdrawal from the contract, it is necessary to state the order number (sales receipt number), order date (sales receipt date), name and surname, address, telephone number and email address. In the event of the withdrawal from the Contract by email, the Seller will confirm the receipt of the withdrawal statement by sending a confirmation letter to the Customer’s address.
- The Customer is obliged to return the goods without delay, and no later than within 14 (fourteen) days from when, in accordance with the provisions of the Consumer Protection Act, he/she informed the Seller of his/her decision to withdraw from the contract.
- In the event of the withdrawal from the contract, the Customer has the right to a refund of the money paid, including delivery charges, unless he/she has chosen another type of delivery which is not the cheapest standard delivery offered by the Seller; and the Seller has the right to a Product return. The Seller undertakes to refund the money without delay, and no later than within 14 (fourteen) days from the day that the Seller has received the Statement of Withdrawal from the Contract, and in the case of a sales contract, unless the Seller has offered to collect the goods that the consumer wishes to return, the Seller shall refund the amount paid only after the goods are returned, i.e. after the Customer provides the Seller with proof that he/she has sent the product back to the Seller, if the Seller is informed of this before receiving the product.
- The Seller shall refund the money to the same account from which the Customer made the payment.
- Direct costs of returning the goods are borne by the Customer himself/herself.
- The Seller shall be under no liability in respect of any damage that could occur on the devices from which the Website is accessed and on the data stored on them, which may occur when using the Website, if the damage has been caused by the illegal actions of third parties, computer viruses and other cases for which the Seller is not responsible.
- The Seller guarantees the accuracy of the data and content in the Online Shop and on the Website, but the Seller shall not be liable for any discrepancies in the Product and the Product image or Product description in the Online Shop if the manufacturer has changed any of the Product’s characteristics without informing the Seller. The visual identity of the Product shown in the image in the Online Shop does not have to correspond to the appearance of the Product in reality, especially considering the monitor settings on the Customer’s computer, differences in the perception of colours as the Customer sees them on the screen etc., in which case the said discrepancy between the Product shown in the image and the delivered Product is not the result of a Product defect and is not the responsibility of the Seller. Product data (product description, price etc.) displayed in the Online Shop are subject to bugs, irregularities in the application’s functioning, other technical anomalies, typographical errors etc. In the event of obvious errors or malfunctions regarding the Product data displayed in the Online Shop, the Seller reserves the right to end the Contract.
- The Seller is liable for the material defects of the Products sold through its Online Shop pursuant to the Civil Obligations Act, the Consumer Protection Act and other legal regulations of the Republic of Croatia.
Protection of Customer’s privacy and personal data
- Cookies are small files that the Website can send to the Customer’s browser. These data can be stored on the hard drive of the Customer’s device and can be retrieved by the web server. The purpose of cookies is to enable additional functionality of the website. They enable the Website to adapt to the needs and interests of the Customer. The goal of using cookies on the Website is to make it informative, personal, and as easy to use as possible for the User and the Customer.
- Cookies are used for the following purposes: remembering key information related to the Customer (including storing the Products added to the Product list in the Online Shop), remembering the Customer’s online history (collecting information about the Customer’s interests based on the pages visited and data viewed).
- Cookies are a necessary part of the checkout process and without their use, the Customer will not be able to add products to the basket and complete the payment process.
- For more information on how to control cookie settings and browser settings or how to delete cookies on your hard drive, visit www.allaboutcookies.org.
- Protection of the Customer’s personal data means the following:
- The Seller undertakes to protect the Customer’s personal data in such a way that it collects only the necessary data about the Customer, which are necessary to meet the Seller’s obligations. Providing data is a contractual obligation, and the data are processed for the purpose of processing your order: order completion and confirmation, preparing the product, product delivery, complaint resolution and other purchase-related communication. In the event of the denial of data, the Seller will not be able to meet the obligations arising from the order placed. The Seller undertakes to protect the privacy of the personal data of all the Online Shop users, and will handle them in accordance with the applicable regulations related to personal data protection.
- For the purpose of meeting the obligation that the Seller has to the Customer and informing the Customer and the User about news or changes related to the Online Shop, informing them about new products and sales promotions, and delivering promotional materials to them, the User and the Customer give, during the registration process and every online purchase, voluntary and explicit consent to the Seller to collect and process their personal data, namely: name, surname, address (street, city, postal code), email address, telephone number, data on address and telephone number, and email address, if they are different from those specified while registering.
- Personal data processing includes any procedure or set of procedures performed on personal data or on sets of personal data, either by automated or non-automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- The Seller keeps the collected personal data for the duration of the validity of the User’s or Customer’s registration, or until the consent for the processing of their personal data is withdrawn.
- All personal data on registered Customers and Users are strictly protected and are available to the Seller’s employees and other persons who are necessary for the performance of the Contract, who require these data in order to carry out their work and who are obliged to respect the principle of protecting the privacy of registered Customers and Users. The personal data on the User and the Customer can possibly, based on legal obligations, be made available to the competent authorities at their request.
- The User and the Customer have the following rights regarding personal data protection:
- The right to request information on whether their personal data are being processed and which personal data are being processed, and the right to request access to (inspection of) the personal data being processed;
- The right to request rectification of inaccurate and incomplete personal data;
- The right to irreversible erasure (‘right to be forgotten’) from the personal data system, i.e. to have personal data deleted and no longer processed: if these personal data are no longer necessary in connection with the purposes for which they were collected or otherwise processed, if consent has been withdrawn or an objection has been lodged to the processing of personal data, or if the processing of personal data in other ways does not comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, OJ L 119, 4.5.2016, p 1–88);
- The right to restrict the processing of personal data during the verification of the accuracy of the personal data, which is contested, when the processing of personal data is unlawful, and they oppose the erasure of such data, when the controller no longer needs the personal data for processing purposes, but they require that data are retained for the purpose of establishing, when exercising or defending legal claims, when an objection to the processing of personal data has been lodged;
- The right to transmit the data directly to another controller;
- The right to object to the processing of personal data at any time;
- The right to withdraw consent at any time, without any consequences.
- The User and the Customer can withdraw their consent and/or request more information about their personal data and take any other action related to the above rights by sending a written notification to the Seller’s data protection officer to the following email address: email@example.com or by mail to the Seller’s address marking it “FAO Personal Data Protection Officer”.
- Electronic communication means the following:
- By using the Seller’s Online Shop, the Customer accepts communication via electronic means. The Customer thereby accepts that all agreements, notifications, announcements and other content delivered to him/her via email meet the legal requirements as if they were made in writing.
- If the Customer or the User does not have an email address or enters an incorrect email address or cannot receive emails due to technical reasons, the Seller is not obliged to try to inform him/her in any other way about the order itself or about any other details related to the order, payment, refund, response to a complaint etc.
- If you notice an error, a problem, violation, unacceptable content etc. made public in the Online Shop, you can contact us or send a complaint by email to the Seller’s address given in contact details. We will respond to any such written complaint within 15 (fifteen) days of its receipt.
- In the event of a dispute between a consumer and a trader, a report can be submitted to the Croatian Chamber of Commerce Court of Honour and the Croatian Chamber of Trades and Crafts Court of Honour. The trader and the customer will endeavour to settle any disputes amicably and by mutual agreement, and if they fail to do so, they agree upon the jurisdiction of the court in Rijeka.
- Pursuant to Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) and the law, an obligation was introduced for traders engaging in online sales contracts to provide an electronic link to a platform for consumer online dispute resolution on their pages. The customer can access the consumer ODR platform via this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR. Pursuant to Article 29 of the Consumer Alternative Dispute Resolution Act, the European Consumer Centre Department has been designated as the contact point for the Consumer Online Dispute Resolution Platform with a function to provide support in the resolution of disputes related to complaints submitted through the Platform.
- The provisions of the Consumer Protection Act, Civil Obligations Act and other legal regulations of the Republic of Croatia apply to all issues that are not covered by the General Terms and Conditions.
These General Terms and Conditions come into force on and are applied from 1 July 2023.