General Terms and Conditions

Subject of general terms and conditions

These General Terms and Conditions (“General Terms and Conditions“) regulate relations between the company Atelier Moderni Interijeri 2015 d.o.o. with its registered office in Split, Viska 23, oib: 75547818852 (“Seller“) and the Buyer of items from the sales range (“Buyer“). The seller is authorized to introduce new items in the program or withdraw certain items from the sales range without prior notice.

Acceptance and review of the General Terms and Conditions

The General Terms and Conditions may be subject to changes; therefore, it is the Customer’s responsibility to review the content of the General Terms and Conditions during each purchase in order to be fully informed. The Seller is not responsible for the Buyer’s failure to review the General Terms and Conditions.

Application of the General Terms and Conditions

The General Terms and Conditions apply to all relations between the Seller and the Buyer, unless otherwise agreed in writing between the Seller and the Buyer. Should the Buyer have their own general terms and conditions, the Buyer agrees to the exclusive application of these General Terms and Conditions.

Offer

By sending an offer to a certain buyer, the Seller submits a proposal for concluding a purchase and sale agreement with all essential information. In their offer, the Seller shall state:

• item/items for which a particular Buyer has expressed interest/which the Buyer ordered;
• the total price and the corresponding applicable value added tax.

The offer is binding on the Seller until the expiration of the deadline for acceptance of the offer by the Buyer.

The Buyer can accept the offer within 7 days from the day of delivery of the offer by paying 50% of the total stated price of a particular product stated in the offer; the Buyer shall pay the seller the rest of the total purchase price no later than 3 days before the delivery.

If the Buyer does not pay the entire purchase price in the manner and within the specified period and according to the purchase price stated in the offer, the Seller reserves the right to refuse delivery of the items in question.

The Seller reserves the right of ownership even after handing over the item to the Buyer until the Buyer pays the purchase price in full.

On each offer, the Seller shall state the payment method and the necessary payment information (including, but not limited to: IBAN, oib, offer number, etc.).

Item delivery

The Seller and the Buyer agree the deadline and method of item delivery for each individual order, taking into account the availability of the items at the manufacturer’s warehouse and/or the production of the ordered items at a particular manufacturer. The Seller shall deliver the ordered items within the agreed deadline as indicated in the offer. Should there be a need to change the mutually agreed deadline and method of delivery, the Seller and the Buyer shall agree on a subsequent deadline and method of delivery, and should this not be possible, the delivery deadline shall depend solely on the decision of the Seller, who shall consider the availability of the items at the manufacturer’s warehouse and/or the production of ordered items at a particular manufacturer.

Items can be delivered in the following ways:

Collection in person 

If the Buyer and the Seller agree on delivery by collection in person, the Buyer shall collect the items within 7 days from the day of notification of the possibility of the collection in person. 

If the Buyer does not pick up the items within 8 days from the date of notification on items being ready for the collection in person, the Seller has the right to demand 1% of the sales value of the items that are ready for collection for each week of delay, to cover the costs incurred by the Seller due to the Buyer’s delay. In the event of a delay in collecting the items, the risk of accidental loss or damage to the items passes on to the Buyer and starts from the day the Buyer begins to be late with the collection in person. 

Delivery by an authorized delivery service

If the Buyer and the Seller agree on delivery by an authorized delivery service, the Buyer shall adequately prepare the facility for unloading and receiving the items, and in the event this has not been done and the facility is inadequate for delivery, redelivery shall be charged according to regular prices.

Delivery in the Split area is included in the price, and for all other cities the price of delivery shall be calculated separately in the offer, depending on the quantity of items ordered and the delivery distance.

Should the delivery be unsuccessful, the Seller shall offer the Buyer a new delivery date, which shall be charged according to regular prices, regardless of the place of delivery.

In case of a repeated unsuccessful delivery, the items shall be returned to the Seller’s warehouse, and the Seller has the right to demand 1% of the sales value of the items for each week of storage, to cover the costs incurred by the Seller due to the inability to deliver them. In the event of the inability to deliver the items, the risk of accidental destruction or damage to the items passes on to the Buyer and starts from the day the Buyer begins to Tbe late with the collection in person.

Assembly

The Seller shall provide assembly service for certain items in accordance with the conditions agreed between the Seller and the Buyer and indicated as such in the offer. Additional conditions (including but not limited to the use of a crane, etc.) and assembly costs shall be explicitly indicated in the offer. Delivery does not include the use of a crane if needed to bring the furniture into the facility. Assembly service does not include installation of lighting fixtures, wallpaper, kitchen appliances and plumbing work.

Liability for material defects

The Buyer needs to trat products with care and in accordance to the Manufacturer’s/Seller’s instructions. For supplied and delivered goods a 2 year warranty from the Manufacturer is included. In case of a goods delayed pick-up caused by the Buyer, the Warranty starts on the third day of the Buyer being late. The Buyer’scomplains about the warranty and guarantee conditions are not valid if the Buyer has intervened themselves, had done repairs or tried to repair the product themselfs orin case this has been done by an unauthorised third party. The Seller vouches the repairs done by them. The warranty excludes elements or element parts which are subject to fast wear or damaging, as well as products which have not been maintained properly or handled in accordance to the valid instructions from Seller.

The Buyer can send the complaint by mail to the address of the Seller’s headquarters or by e-mail to the e-mail address: info@moderniinterijeri.hr.In order to solve the problem faster, it is recommended that the complaint includes description of the factual situation, a photo or a video of the damage or defects.

The Buyer shall inform the Seller about the existence of visible defects within 2 (two) days from the day they discovered the defect, and no later than within two years from the transfer of risk to the Buyer.

When, after the receipt of the item by the Buyer, it turns out that the item has a defect that could not be detected by a regular inspection at the moment of collection, the Buyer shall, under risk of losing rights, notify the Seller of this defect within two weeks from the day the defect was discovered.

The Seller is not responsible for defects detected two years after the delivery of the item. For articles that are under warranty, the terms of the manufacturer’s warranty apply.

If the existence of a material defect is determined, the Seller may have one of the following obligations, all in accordance with the provisions of the Civil Obligations Act:

• elimination of defects;
• delivery of another item without defects;
• price reduction;
• Contract termination;

The rights of Buyers who are a natural person (consumers) based on a material deficiency of goods are regulated by the Civil Obligations Act and the Consumer Protection Act.

When the Buyer is a legal entity, the rules on material deficiency prescribed by the Civil Obligations Act apply, especially in the part in which the material deficiency for legal entities is regulated differently than stated here in the General Terms and Conditions.

Contract deviation

The Seller has the right to withdraw from the Contract:

• if due to force majeure, a strike or circumstances not caused by them, they are unable to fulfil their obligations;
• if the Buyer has exceeded the agreed deadline for payment of the purchase price by more than 15 days and does not agree with the Seller on a subsequent deadline.

In the event the parties withdraw from the contractual relationship, they shall return or settle all received services to each other. 

Keeping of business secrets

The parties shall keep all data resulting from the contractual relationship as a business secret for the entire duration of the contractual relationship, as well as for 5 (five) years after its termination. Business secrets include: sketches, photos, calculations, correspondence, communication and other data in tangible or intangible form. The party that violates the provisions regarding the keeping of business secrets is liable for material and non-material damage.

Disputes

All possible disputes that may arise in connection with the valid Contract conclusion, breach, termination and legal relations arising from these General Terms and Conditions shall be resolved in an amicable way. For disputes that cannot be resolved in this way, the competent court in Split shall have jurisdiction, and Croatian substantive law shall be respected, unless otherwise agreed between the parties.