Terms and conditions of the web shop www.altorcio.hr
General Terms and Conditions
- General information
- Customer registration
- Ordering process
- Liability for material defects
The General Terms and Conditions have been formulated in accordance with the applicable regulations of the Republic of Croatia and the EU Terms and Conditions for e-business.
These General Terms and Conditions apply to the operations of Al Torcio Oil Mill, Novigrad, Strada Contessa 22a, 52466, Novigrad (Cittanova), Croatia (hereinafter: Al Torcio).
They apply to all business relationships with retail and internet customers.
Unless the contracting parties agree otherwise, the business relationship is regulated by the General Terms and Conditions of Al Torcio published on this page, the applicable regulations, and the Consumer Protection Act, especially in the part where the said law regulates the issue of distance contracts (Official Gazette 41/14, Chapter III - Concluding contracts outside business premises and distance contracts).
Meaning of terms
A Buyer is any legal or natural person who makes a purchase.
An Online Buyer is a visitor to the site www.altorcio.hr who fills in an electronic order and orders (buys) at least one product.
The User is any visitor to this site.
The Seller is Al Torcio.
The Seller operates in its own business premises at Novigrad, Strada Contessa 22a, 52466, Novigrad (Cittanova), Croatia, where it produces its products and sells them on-site and through the website www.altorcio.hr (hereinafter: Online Store or Webshop).
The Buyer can be any legal or natural person.
The Wholesale Buyer is any legal entity that makes a purchase according to the conditions for wholesale customers and according to the signed business contract.
The Retail Buyer can be any legal or natural person who makes a purchase in the Store according to the General Terms and Conditions of Al Torcio d.o.o., Zagreb.
The Online Buyer is any legal or natural person who buys through the Online Store.
A natural person acting as a Buyer or Online Buyer must be of legal age and must have full legal capacity. The contract may be concluded in the name of and on behalf of a minor or an incapacitated person by their legal representative or guardian, and persons with partial legal capacity may conclude the contract only with the consent of their legal representative or guardian. The Seller shall not be liable for any act which does not comply with this provision.
The Buyer is responsible for the correctness of the information provided for the use of Webshop services or purchases.
The Seller shall not be liable for damage that may occur on devices that allow access to the Online Store and/or data stored on the devices when using the Online Store if it is caused by illegal actions of third parties, computer viruses etc. and other cases for which the Seller is not liable. Also, the Seller shall not be liable for circumstances that prevent the use of the Online Store.
The Webshop enables the purchase of goods offered within the Seller's product range and available quantities through the Online Store on the Seller's website, www.altorcio.hr.
These General Terms and Conditions are published on the website www.altorcio.hr. The Buyer has the option and is authorised to store or print the General Terms and Conditions on their own computer or other storage device.
The following are General Terms and Conditions.
OBRT ZA UGOSTITELJSTVO, MASLINARSTVO i ULJARSTVO - CATERING, OLIVE GROWING AND OIL PRODUCTION TRADE COMPANY “TORCI 18”
Owner: Đurđica Beletić, Torci 34, 52466, Novigrad
Reg. number: 91299080
Al Torcio Oil Mill,
Strada Contessa 22a,
52466, Novigrad (Cittanova),
+385 52 758093
+385 98 0219902
+385 98 9292873
- Monday-Saturday: 8 a.m. - 6 p.m.
- Sunday: 8 a.m. - 12 noon
The User can register when ordering our products. Registration serves to facilitate ordering. The User can send an enquiry without entering any data, but must supply a valid email address.
The selection of the desired product is done by selecting the volume of the bottle and the number of bottles and saving to the basket by clicking on the link ‘Order.’
Ordering our products is also possible by email and by phone with a bank transfer payment.
The Buyer is responsible for access to his/her system and taking care of securing user data and passwords. The Buyer guarantees the accuracy and truthfulness of all submitted data and is liable to the Seller for damage caused by inaccurate or untrue data.
The Seller always strives to ensure accurate, truthful and up-to-date information is published on the website. Nevertheless, it may happen that the characteristics of the products, their condition in the warehouse and the price change so quickly that the Seller fails to timely update the information on the website. In this case, the Seller will notify the Buyer of the changes as soon as possible and allow him/her to cancel the order or replace the ordered product.
All photos of the products are symbolic and may differ in structure, colour shade or other feature. The Seller strives to present all products as accurately and as detailed as possible.
Impossibility to conclude a contract
Pursuant to Article 43 of the Consumer Protection Act, the contract may be concluded in the name of and on behalf of a minor or an incapacitated person by their legal representatives, and persons with partial legal capacity may conclude the contract only with the consent of their legal representatives. Seller shall assume no responsibility for contracts concluded contrary to this provision.
Terms of business with wholesale customers are regulated by contracts governing the delivery of goods, prices, discounts, obligations and payment deadlines, the conclusion of future transactions and other business conditions.
All listed prices are expressed in Croatian Kuna (HRK). Prices include all taxes. Prices do not include shipping costs.
By placing an order on the Webshop, the Buyer agrees to pay for the order.
The methods of payment provided by the Seller to the Online Buyer are:
By cash on delivery:
When picking up the shipment, the Online Buyer pays the invoice amount in cash to the delivery service employee. The Buyer cannot pay the courier for the ordered items by credit or debit card, but exclusively in cash.
By paying to a transaction account:
When paying to a transaction account, the Online Buyer will receive in their inbox an email containing a pro forma invoice with all the information required for payment. Payment can then be made using internet banking or a universal payment order via bank, post, Fina etc. to the following bank account:
IBAN: HR 9124020061100362898
SWIFT: ESBCHR 22
The Buyer agrees that the Seller may and is expressly authorised to, in its sole discretion, in case of suspected misuse of any type of payment, suspend any transaction without prior notice, and may submit all relevant information to the competent authorities to prosecute potential perpetrators.
If the Buyer chooses the method of payment by cash on delivery, and during delivery refuses to pick up the order without a valid reason, he/she is obliged to pay the operational cost for the return of the order at the amount of 10% of the total order amount.
If the Buyer is unable to pay the purchase price for any reason, the Seller is authorised to unilaterally cancel the purchase process. In that case, the Buyer shall be liable to the Seller for all damages and costs that the Seller may incur in doing so.
The invoice for the purchased products will be delivered to the Buyer in the shipped package together with the products.
Shipping (delivery) and collection
Delivery is done through the GLS Croatia delivery service, and the usual delivery time is 2-5 working days. Delivery time starts the next working day after the order has been placed in the Online Store.
GLS Croatia delivers exclusively within the European Union.
The product is considered delivered when the Buyer or a person authorised by the Buyer signs a written confirmation of receipt and delivers it to the Seller or hands it over to the delivery service employee.
The Buyer shall check the contents of the shipment when receiving the purchased goods. In case of defects, he/she is obliged to inform the Seller as soon as possible, and no later than within 24 hours of receiving the purchased goods. The Buyer is obliged to inspect the goods without delay and notify the Seller of visible defects of the goods within 8 days. Otherwise, the Seller is not liable for defects of the purchased goods. The Seller shall not be liable for a minor material defect.
Ordered products are packaged so that they cannot be subject to damage during normal handling. When receiving the goods, the Buyer is obliged to check the condition of the shipment and in case of visible damage to the packaging, or to the product, immediately submit a written complaint to the delivery employee (representative of the delivery service).
If the goods have visible damage or defects, or the shipment contains goods that the Buyer did not order, the Buyer is authorised to not pick up the package. In that case, the delivery service will return it to the Seller, who will contact the Buyer immediately to arrange a new delivery of the correct goods as soon as possible, or a refund in case the goods ordered by the Buyer are no longer available.
The Seller disclaims all liability for damage that may occur during delivery. If the Buyer does not receive the goods or the delivery notice, after it has been shipped and within the expected time, the Buyer is obliged to inform the Seller so that action may be taken to find the shipment or send a replacement shipment. If the Buyer refuses to receive the correct and undamaged goods he/she has ordered, the Seller has the right to demand from the Buyer reimbursement of all costs related to delivery.
Returns, Complaints, Replacements
The Seller guarantees top-quality service and the maximum value for money.
If the Buyer is still not satisfied with the delivered goods, he/she can return the shipment within 14 days, and the Seller will return the money to the Buyer or offer a replacement product if the Buyer prefers.
The Buyer can return the product directly or send it to the company's address: Al Torcio Oil Mill, Novigrad, Strada Contessa 22a, 52466, Novigrad (Cittanova), Croatia.
Pursuant to the Consumer Protection Act, in the case of distance purchase (when it is not a personal collection but the goods are sent by delivery service), the Buyer is authorised to unilaterally withdraw from the contract without stating the reasons, within 14 days from the date of delivery of the last item on the order.
The order cancellation period starts from the day when the Buyer or a third party designated by the Buyer, who is not the carrier, received the product, assuming that the Buyer was previously notified of the possibility of unilateral withdrawal from the contract. If the Seller has not notified the Buyer of the possibility of unilateral withdrawal from the contract, the Buyer's right to unilaterally terminate the contract expires 12 months after the expiration of the term for termination of the contract (14 days from receipt of the product).
If the Seller has delivered a notice to the Buyer within 12 months, the possibility of unilateral withdrawal from the contract terminates after the expiration of 14 days from the date the notice has been received by the Buyer.
The contract shall be deemed terminated on time if the notice of withdrawal is sent within the time limits and the contract is terminated at the time the Seller receives the written notice of withdrawal.
The standard information form for unilateral withdrawal from the contract is attached to these General Terms and Conditions.
The Buyer may withdraw from the contract unilaterally using the above mentioned form or by any other unambiguous statement in which he/she expresses his/her will to terminate the contract, and which is clearly and unambiguously communicated to the Seller.
The Seller shall notify the Buyer of the confirmation of receipt of the notice of unilateral withdrawal from the contract, without delay, using the contact details from the form or the Buyer's statement.
In the event of unilateral termination of the contract, the Seller will act in accordance with the Consumer Protection Act, i.e. the Civil Obligations Act. The refund of the amount paid will be made after the Buyer returns the ordered goods. The return of the goods must be made by the Buyer without delay, and no later than within 14 days from the day when he/she declared the unilateral withdrawal from the contract.
According to the Consumer Protection Act, the Buyer is obliged to bear the direct costs of returning the goods if he/she exercises his/her right to unilaterally withdraw from the contract.
If the reason for replacement or return is damaged or defective goods, the delivery costs will be at the expense of the Seller.
The Seller is at the disposal of the Buyer to provide information on the options, possibilities and conditions of returning the product when contacted by phone (+385 52 758 093) or email (email@example.com).
Pursuant to Article 77 (5) of the Consumer Protection Act, the Buyer is responsible for any impairment of the purchased product that results from the handling of the purchased product, except those necessary to determine the nature, characteristics and functionality of the product.
The returned product must be unused, undamaged and in the appropriate packaging (if shipped in packaging), and with the appropriate original labels, bottle neck tags and a copy of the invoice.
In case of the return of a product that has been used or does not have all the associated packaging, labels, bottle neck tags or a copy of the invoice, the Seller has the right to charge the Buyer for 50% of the value of returned goods for operational return costs, or a minimum amount of 100 HRK. In case of the return of goods that are visibly damaged by use, the Seller has the right to refuse the full reimbursement.
The Seller shall not be liable for any damages and other obligations in the domain of the delivery service, but in agreement with them will provide the best possible service to each Buyer. If during the takeover of the goods, the Buyer notices any damage caused by delivery, he/she is obliged to fill in a complaint to the delivery employee on the spot and report it without delay to the Seller in writing via email (firstname.lastname@example.org).
Right to cancel an order
The Seller and the Buyer may exercise the right to withdraw from the contract (cancel the order) before the goods are shipped for delivery, with a refund of previously paid funds. If the Seller for any reason cannot deliver the paid goods, the Buyer will be offered a replacement item, and in the case the Buyer does not accept the replacement item, the funds paid will be returned in full to the Buyer.
If the Buyer decides to withdraw from the contract (cancel the order) before the goods are shipped for delivery, the refund will be made within 3 (three) working days.
Liability for material defects
According to Directive 1999/44/EC of the European Parliament and of the Council, and the provisions of the Civil Obligations Act, the Seller is liable for material defects in the goods at the time of purchase.
The appearance of a certain product is displayed in the Online Store only for the purpose of informing the Buyer. Thus, differences in appearance are not considered a condition for the Seller's liability for material defects according to the provisions of Article 401, paragraph 1, subparagraph 4 of the Law of Obligations.
All photos of the product are symbolic and the product may differ in structure, colour shade or other feature. The Seller strives to accurately and in detail describe the product in order to present it as precisely as possible, as well as to provide the Buyer with information on the sizes, measures, structure and other features of the product with as much detail and information as possible.
The Seller shall not be liable for material defects of the goods:
- which at the time of purchase were known to the Buyer or could not remain unknown to him/her (goods clearly marked with a defect, discounted items in the Store due to damage to the product etc.);
- which have appeared after the expiry of the six-month period;
- about which the Buyer did not inform the Seller without delay at the time when he/she discovered them, and at most after the expiration of eight days from the discovery of the material defect of the goods.
The Buyer who has timely and duly notified the Seller of the material defect of the product is authorised to:
- require the Seller to eliminate the defect;
- require the Seller to replace the item with another item without defect;
- demand a price reduction;
- declare that he/she is withdrawing from the contract.
The costs of eliminating the defect and shipping a replacement item in case of material defect are fully at the expense of the Seller.
Remarks and objections
In accordance with Article 10 of the Consumer Protection Act, the Seller allows Buyers/Users to submit written complaints in the following ways:
- by standard mail to the address: Al Torcio Oil Mill, Novigrad, Strada Contessa 22a, 52466 Novigrad (Cittanova), Croatia
- to the email address: email@example.com
The Seller is obliged to respond to all comments and objections within a maximum of 15 days.
In order for the Seller to acknowledge receipt of the written complaint, in accordance with the Consumer Protection Act, and then respond to it, the Buyer/User must provide valid contact information.
By a special regulation of the European Union, it is possible to resolve disputes related to online shopping throughout the EU via the ODR platform, which you can access here. This means that if you encounter a problem during an online purchase within the EU (defective product, inability to replace the product etc.) you can submit your complaint in a faster and easier way at the link above. The platform can be used by both consumers and traders, and complaints can be lodged in any official EU language.
DATA PROTECTION STATEMENT AND PRIVACY
The Seller undertakes to protect the privacy of all personal data of Buyers of the Al Torcio Oil Mill Webshop, and will handle them in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679, noting that the Seller collects only the necessary basic customer data given in the registration process and in the process of ordering the goods, and guarantees that the same will never be given for inspection or use by third parties.
Personal data of Buyers of the Al Torcio Oil Mill Webshop are stored in the web database for a maximum of one year from the date of last purchase after which they are automatically deleted, and are used exclusively for the needs of the operator when processing orders and delivering products through a specialised delivery service (contractual partner GLS Croatia).
If you do not want us to keep your personal data, please inform us at the email address of the personal data protection officer (firstname.lastname@example.org), upon which your data will be permanently deleted immediately.
The owner of the trade company, Đurđica Beletić, is responsible for the protection of personal data, and you can contact her on the following phone number: +385 52 758 093.
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