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1. Information about the terms
These General Terms and Conditions (hereinafter: the General Terms) set out the conditions for using the websites of the company Pas Kitchen d.o.o., with its registered office in Zagreb, Frane Bulića 9, entered in the court register of the Commercial Court in Zagreb under registration number MBS: 81408996, OIB: 10580325630 (hereinafter: Pas Kitchen), and set out the conditions for the distance purchase of products and services through that company's online shop.
The General Terms are governed by the Consumer Protection Act, the Trade Act, the Electronic Commerce Act, the Civil Obligations Act and other applicable regulations of the Republic of Croatia. By accepting these Terms and conditions, you accept the Pas Kitchen returns procedure.
Pas Kitchen reserves the right to amend the provisions of the General Terms at any time. All amendments to the provisions of the General Terms will be published on this website, together with the date on which they take effect.
By purchasing Pas Kitchen products, Customers declare that they have read and understood the General Terms, that they are familiar with them and fully agree with the terms and rules set out here, and that they consent to using the websites in accordance with them.
2. Definitions
User – A visitor to the website who does not order products.
Customer – A Customer of products is a visitor to the online shop who selects at least one product, completes the electronic order form and sends it to Pas Kitchen
Seller – the company Pas Kitchen, with its registered office in Zagreb, Ulica Frane Bulića 9, entered in the court register of the Commercial Court in Zagreb under registration number MBS: 81408996, OIB: 10580325630.
Order – a Pas Kitchen form completed by the Customer, following the necessary steps in order to buy the product(s) and/or services sold in the online shop, as set out in the General Terms.
Contract – a distance contract, that is, a contract concluded between the Seller and the Customer within an organised system of sale or service provision without the simultaneous physical presence of the Seller and the Customer in one place, where up to the moment of conclusion of the contract, and for its conclusion, only one or more means of distance communication are used (such as catalogues, telephones with human involvement, the Internet, electronic mail and similar), in accordance with the provisions of these General Terms, which the Customer expressly accepts. The provisions of these General Terms are considered an integral part of the Contract.
3. Intellectual property rights
All content and material published on the pages of www.pas.kitchen is entirely and exclusively the property of the Seller, that is, of Pas Kitchen. Use of the content of this website/domain without the express consent of Pas Kitchen is not in accordance with the regulations governing the protection of intellectual property. The name “Pas Kitchen” and the corresponding graphic representation are also registered trade marks of Pas Kitchen and are subject to the provisions of the regulations protecting intellectual property.
4. Use of the website
The Customer and/or User expressly agrees that they will use these websites solely at their own risk. Neither Pas Kitchen nor any of its employees, agents, third-party service providers or licensed companies warrants that use of these websites will be uninterrupted or free of errors; nor does it warrant (i) the consequences that may arise from the use of these websites. This disclaimer of liability applies to all direct or indirect damage and any injury caused by any defect, error, omission, interruption, deletion, fault, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access, alteration or misuse of records on the computer equipment or property of the Customer/User, termination of contract, inappropriate conduct, negligence, or any other act of Pas Kitchen or its employees, agents and/or third-party service providers.
The Customer/User expressly confirms that Pas Kitchen is not responsible for any offensive, inappropriate or unlawful conduct of other users or third parties, and that the risk of damage that may arise as a consequence of the above is borne entirely by the Customer/User. Under no circumstances will Pas Kitchen, or any other natural or legal person involved in the creation, production or distribution of these websites, or of the content and/or software associated with them, be liable for any damage that may arise as a consequence of using, or of being unable to use, these websites. The Customer/User expressly confirms that the terms of this section apply to the entire content of these websites.
The Customer/User is solely and exclusively responsible for obtaining, using and maintaining their own computer equipment, including but not limited to all software and hardware they own and use, as well as any other equipment needed to access and use the websites of the Pas Kitchen online shop, and for all associated costs. Pas Kitchen is not responsible for any damage to the Customer's/User's equipment that may arise as a consequence of using these websites.
5. Processing of personal data
By registering at www.pas.kitchen, that is, by selecting products and completing the electronic form, I consent to Pas Kitchen, as controller within the meaning of the General Data Protection Regulation, and its business partners or subcontractors, as processors within the meaning of the General Data Protection Regulation, collecting, processing and mutually forwarding and exchanging the following data: my personal data given in the registration form and data about my orders. I am aware of my right to withdraw this declaration of consent in full at any time.
6. Security
The Customer/User is responsible for all actions and orders carried out under their name. The connection between the site and the user's web browser is secured by an SSL certificate, while payment security is ensured by the payment institution in accordance with its own protocols and certificates. By posting comments, messages or other information on the websites, the Customer/User grants Pas Kitchen the right to use those comments, messages or information for the purposes of promotion, advertising, market research, or any other permitted purpose. Availability of products and of the distance selling service.
Pas Kitchen reserves the right to withdraw any product from sale at any time. In such cases, Pas Kitchen will refund the full amount to the Customer for products that have been paid for but not delivered, or for services that have been paid for but not performed, for those products that are no longer on offer or those services that were paid for but not carried out, regardless of the reason for withdrawing the product from sale or for not performing the service. Pas Kitchen also reserves the right to change, suspend in good time, or discontinue the provision of the distance selling service. The Customer/User bears responsibility for the accuracy and completeness of the data entered when making a purchase.
7. Orders
Products are ordered electronically. Products are considered ordered at the moment the Customer completes the entire checkout process. The Customer will then receive an order confirmation by email stating that the order has been duly received. Pas Kitchen will endeavour to deliver all the products the Customer has ordered, but reserves the right to refuse an order in cases of force majeure or where performance of the contractual obligation is significantly impeded. If Pas Kitchen refuses an order, the Customer will be notified within 4 working days of the confirmation that the order was received.
8. Payment
Payment is made exclusively through the Pas Kitchen website. ”Stripe”, as the credit card payment service provider, enables payment by the following credit cards: Visa and Mastercard. Pas Kitchen does not warrant that the payment service provider will accept each of the credit cards listed above, or that the payment method will not change.
9. Price
All prices are expressed in the Croatian national currency (EUR). Products are delivered at the prices valid on the day of ordering and published on the websites. Prices, payment terms and promotional offers apply solely at the moment of payment and may change without prior notice. If the price of a product changes while the order is being processed, or if for any other reason the price on the websites does not correspond to the actual price of the product or service, Pas Kitchen will allow the Customer to withdraw from the purchase or to confirm the new, changed price. Delivery costs will be stated separately and added to the total price of the products ordered. Delivery costs will be calculated on the basis of the weight of the products ordered, the volume of the parcel and the delivery address.
10. Right to unilateral termination of the contract
In accordance with the Consumer Protection Act („Narodne novine“ no. 41/2014, 110/2015), a Customer who made their purchase at a distance, that is, over the internet or by telephone, has the statutory right to unilaterally terminate the contract within 14 days, without giving a reason.
In order to exercise the right to unilaterally terminate this Contract, the Customer must notify Pas Kitchen of their decision to terminate the contract unilaterally before the deadline expires, by an unequivocal statement expressing their intention to terminate the contract, sent by email to bok@pas.kitchen, stating their name and surname, address and email address, or by using the unilateral termination form.
The deadline for unilateral termination is 14 days from the day on which the goods that are the subject of the contract were handed into the possession of the Customer or of a third party designated by the Customer who is not the carrier.
In the event of unilateral termination of the contract, Pas Kitchen undertakes to refund the Customer, including delivery costs, without delay and at the latest within 14 days of receiving the notification, except where the Customer chose a type of delivery other than the cheapest standard delivery offered by Pas Kitchen. The refund will be made by the same means the Customer used to make the payment.
The Customer must return unwanted products to Pas Kitchen without undue delay, and in any case at the latest within 14 days of the day on which the decision on unilateral termination of the contract was sent.
If the Customer wishes to return the goods, they bear the direct costs of the return themselves. The Customer is responsible for any diminution in the value of the product they wish to return.
The Customer has no right to unilateral termination of the contract under this section if:
1. the trader has fully performed the service contract, and performance began with the consumer's express prior consent and with their confirmation that they are aware that they will lose the right to unilateral termination of the contract under this section once the service has been fully performed; the subject of the contract is goods made to the consumer's specification or clearly personalised for the consumer
2. the subject of the contract is perishable goods or goods with a short shelf life; the subject of the contract is sealed goods which, for health or hygiene reasons, are not suitable for return once unsealed after delivery; the subject of the contract is goods which, by their nature, become inseparably mixed with other items after delivery. The Customer is responsible for any diminution in the value of the goods resulting from handling the goods, other than the handling necessary to establish the nature, characteristics and functionality of the goods. The Customer agrees to return unused products in their original condition and, where possible, in their original packaging. Pas Kitchen is liable for material defects in the products purchased, in accordance with the law.
Pas Kitchen is liable for material defects in the item that existed at the time the risk passed to the Customer, regardless of whether it was aware of them. Pas Kitchen is also liable for those material defects that appear after the risk has passed to the Customer if they are the consequence of a cause that existed beforehand. A defect that appears within six months of the risk passing is presumed to have existed at the time the risk passed, unless Pas Kitchen proves otherwise or the contrary follows from the nature of the item or the nature of the defect. If Pas Kitchen establishes the existence of a material defect, the Customer has the right to demand that Pas Kitchen remedy the defect, replace the item with a new one free of defects, reduce the price or terminate the contract, all in accordance with the Civil Obligations Act.
11. Rules on delivery and collection of products
Delivery and collection of products is carried out according to the order form, and the goods will be delivered to the customer's delivery address given when the order was created. The Customer agrees to the following notes:
- The Customer accepts responsibility for the accuracy of the contact details and the delivery address;
- The Customer agrees to hand over to the delivery service all products for which they wish to obtain a refund and which they themselves stated to be incorrect.
- The Customer will endeavour to return the products in their original packaging, unopened and unused. Should the original packaging have been removed in such a way that it cannot be restored to its original state, solely in order to check the functionality and characteristics of the product, Pas Kitchen will take this into account when processing the return, in the sense that removing the original packaging for those purposes will not be considered a diminution in the value of the goods for which the Customer is responsible. However, the Customer is responsible for any other diminution in the value of the goods resulting from handling the goods, other than the handling mentioned that was necessary to establish the nature, characteristics and functionality of the goods.
12. Resolving disputes relating to online purchases
Under Regulation 524/2013 on the online resolution of consumer disputes, disputes relating to online purchases can be resolved through the ODR platform, which can be accessed here.
Pas Kitchen invites you to contact us first, so that we can help resolve any difficulties as quickly as possible.
These Terms and Conditions of Pas Kitchen for the conclusion of distance Contracts are valid from the date of publication on the website, 1 December 2021.
This English text is provided for your convenience only. The Croatian version of these terms of use is the legally binding one.
