Terms of business (pre-contractual notices)

I. General

The website vis-cro.com is owned by the trading company VIS PROMOTEX d.o.o., Varaždin, Adolfa Wissert 3/a, OIB: 97213320651.

All materials posted at shop.vis-cro.com web site are exclusively intellectual property of VIS PROMOTEX d.o.o. and may be used solely with the express permission of the copyright holder and the trademark and/or design right holder.

VIS PROMOTEX d.o.o. enables the use of services and contents of the shop.vis-cro.com web site as governed by these Purchase Terms.

These Purchase Terms (Pre-contractual notices) are part of the Seller’s obligations under the Consumer Protection Act and serve to notify a Buyer of a number of circumstances relevant to the conclusion, execution, termination of the contract in a clear and comprehensible manner, all in accordance with legal regulations before a Buyer concludes a distant contract.

The term Seller relates to the company VIS PROMOTEX d.o.o., Varaždin, Adolfa Wisserta 3/a, Company No. MBS: 070127707, Tax no. OIB: 97213320651, T: +385 (0) 42 397 300, F: + 385 (0) 42 350 323, E: webshop@vis-cro.com, W: vis-cro.com.

The term Buyer refers to a natural person who, without any activity, places an order and pays any product through the web shop service present on the Seller’s website.

The Seller acts in its own name and on its behalf by selling through the website shop.vis-cro.com.

Purchase terms are part of the contract concluded remotely together with the specifications and the price/s of the purchased product(s), and before confirming the order to purchase a particular product, a Buyer will be requested to accept them/declare that he/she is aware of them and agrees with them, while after confirming the order (entering into contract) they will be delivered to the Buyer as the content of an e-mail content confirming that the contract has been concluded. The Seller reserves the right to modify the terms at any time, provided that the said amendments enter into force upon posting thereof on these website.

When the Buyer confirms and executes the order, the contract will be concluded, and the Seller will immediately send a notice about the fact of concluding the contract by email message.

Duly concluded contract requires the Buyer to be a person who has full business capacity and to be an adult person.

Purchase terms are divided into lower classified categories / information.

Access to the web site of vis-cro.com may sometimes be unavailable due to works, maintenance or introduction of new contents and in the case of unforeseen circumstances beyond the Seller’s control which the Seller will endeavor to remedy in the shortest possible time.

II. Main features of the merchandize

Main features of the merchandize: the products are described in descriptive form and photographs, and the details about them are made on the basis of the Seller’s database.

Product photos are for illustrative purposes and do not always have to match the products in all details that are the subject of the order.

The Seller points out in particular that the visual identity of the product shown in the photograph needs not to match the product appearance in reality, especially with regard to the monitor settings of the buyer’s computer, the differences in color perception as seen by the Buyer on the screen, and the like.

In the case of the above discrepancy between the product shown in the photograph and the product delivered, no product defect is concerned.

Product data (product description, price, etc.) displayed on the shop.vis-cro.com website are subject to bugs, application work irregularities, other technical malfunctions, typographical errors, and the like.

The subject of the order can only be products that are marked as available on the order form. Due to a large number of orders delivered simultaneously at vis-cro.com, it can happen that the information on the product availability may not be identical to the status in the warehouse.

If the ordered product is not available in the warehouse, the Seller will notify the Buyer that the product is not currently available, about the time within which the product can be procured, and at the same time offer the option of purchasing an alternative product from shop.vis-cro.com that is available for the delivery and that is, according to its characteristics, closest to the product that cannot be delivered.

III. Product price

The prices shown on the vis-cro.com website are quoted in EUR. The VAT is included in the price of the product.

The product price does not include the delivery costs because they are paid separately.

Before the order confirmation, the product price with VAT is quoted separately, the delivery price if it is charged depending on the quantity of the ordered products and is displayed together, and the final price is shown, so that the Buyer can get an insight into the final price paid for the ordered purchasing service.

In case of paying by e-banking and general payment slip, the payment and/or interbank transaction costs are not included in the price.

IV. Shipping costs

They are communicated when ordering every single product and the total delivery costs are communicated when ordering several products.

A Buyer bears the shipping cost.

When delivering, the Buyer should immediately hand out the palettes to the delivery man’s driver, without retaining and spending any extra time.

V. Expenses of remote communication devices

The Seller will incur no additional expenses of remote communication devices.

VI. Payment terms and conditions, terms of delivery of merchandize, time of delivery of merchandize

The products are ordered by selecting, using the menu and filling in the electronic form. The Buyer can place an order and buy a product as a registered or unregistered user. The product is considered to be ordered when the buyer goes through the entire order process.

For card payments, we use the Stripe system, which is subject to the international strictest security standards (PCI Service level 1). All data travels through the TLS system, and all credit card numbers are protected by AES-256 encryption. We have no insight into the information from your credit or debit card and the overall communication travels directly from your device to the Stripe service.

The payment of ordered products can be made in the following ways:

E-banking
General payment slip
Credit or debit card (Visa, MasterCard, Maestro and American Express)

In case of payment by a credit or debit card, general payment slip and e-banking, the payment must be made no later than within the deadline indicated in the email message confirming that the contract has been concluded.

With regard to the payment by a credit or debit card, the Seller points out that the card payment system is integrated into the website. If the system refuses to authorize the card payments, you must choose some alternative payment method. The Seller has no information about the causes of card rejection. The reasons can be of a technical or business nature.

If the Buyer does not receive the notice that the contract was concluded after the completion of the ordering process, it is suggested to check:

whether the message is in Junk/Spam folder
whether the mailbox is full

In the event that the payment is not effected within that period, the Seller will also deliver the purchased products after the payment is made at a later date following the deadline set for purchasing the products and if the Seller cannot make the delivery for a justified reason, the contract will be unilaterally terminated and the the funds paid will be refunded.

If the payment is duly effected and visible in Seller’s account, the Seller will start delivering the ordered products. The invoice for the order placed will be submitted in the shipment together with the merchandize.

The ordered products are delivered to the entire Croatian mainland and the islands of Krk, Vir, Pag, Brač, Hvar, Korčula, Rab, Cres, Lošinj, Pelješac, Vis, Ugljan, Pašman and Šolta. The delivery is done via Lagermax AED Croatia d.o.o.

For the inland area of the Republic of Croatia and the islands of Krk, Vir and Pag, the delivery shall be performed within 14 business days from the date of crediting the payment to the Seller’s account.

The delivery to the islands of Brač, Hvar, Korčula, Rab, Cres, Lošinj, Pelješac, Vis, Ugljan, Pašman and Šolta, the delivery may take longer than 14 days but not longer than 30 days.

For the delivery to non-listed islands, it is necessary to send a query to webshop@vis-cro.com.

If the delivery of the selected product is not possible due to the fact that the product is no longer on stock, the Seller is obligated to notify the Buyer thereabout with no delay, and the Buyer is entitled to terminate the contract and request the refund or agree to a later delivery deadline. All ordered items are to be delivered in one package. If this is not possible due to stocks, the Seller reserves the right to deliver the products in multiple shipments.

If the product delivered to the Buyer is returned, because the delivery service has failed to perform the delivery, the Buyer will be notified thereabout by e-mail and will be provided with the following options:

that the ordered product is re-delivered to the Buyer’s or recipient’s address at the customer’s request by e-mail
• that the ordered product is accepted at Seller’s address with the prior telephone arrangement about the reception time

If Buyer does not reply to the email addressed to him/her within 3 days and chooses one of the offered options, the selected product will be sent to the Buyer’s address via the delivery service.

When the Seller delivers a product to the Buyer via delivery service, the Buyer must accept the product by signing the delivery note, confirming thus that the product has been properly delivered.

In the event that the Buyer orders the goods and refuses to accept it, the Seller is entitled to deduct the amount equaling the delivery expenses and other handling expenses as indicated in the delivery price list from amount paid for the purchase price.

Delivery deadlines do not include:

date of acceptance of the order/request
the delay time due to the incorrect and incomplete address of the Buyer
delay time due to force majeure or any other reasons not attributable to the Seller
or non-working days if they indicate the start of the end of the deadline

VII. Unilateral contract termination

Only the Buyer who has concluded a distant contract in the manner as described above may, without giving reasons, unilaterally terminate the contract within 14 days. The 14 days’ period begins to run from the date on which the merchandize which is the subject matter of the contract was delivered into the possession to the Buyer or a third party designated by the Buyer, and who is not the carrier/supplier. If the Buyer has ordered several pieces of merchandize in one order to be delivered separately, i.e. if the merchandize is delivered in several pieces or several consignments, the deadline begins to run from the day when the last piece or the last consignment of the merchandize has been delivered.

If the Seller fails to notify the Buyer of this right, the Buyer’s right to unilateral termination of the contract shall cease within 12 months from the end of the term of the termination (the period of 12 months begins to run after the end of the 14-days’ deadline provided for ordinary termination in the case of timely notification). If the notice of the right to unilateral termination is served within 12 months, the right to unilateral termination shall expire after the end of 14 days from the date on which the Buyer receives such a notice.

The Buyer is obligated to notify the Seller about its decision on termination of the contract prior to the expiration of the unilateral termination deadline through the Unilateral Termination of Contract Form available here and which can be filled in electronically and sent to the email address wspodrska@vis-cro.com. The confirmation of receipt of the notice of unilateral termination of the Contract shall be submitted by the Seller without delay, by electronic mail.

The Seller may also be notified via the Online Unilateral Termination of Contract Form available here. After you fill in and send the form, you will receive a confirmation of receipt of the registration by email to the email address you provided when completing the Online Unilateral Termination of Contract Form.

If you unilaterally terminate this Contract, we shall refund the money we received from you, including delivery charges, with no delay, and no later than 14 days from the date when we received your decision on unilateral termination of the contract. The Buyer shall bear the costs of returning the merchandize. The refund will be performed in the same way you made your payment. We can refund the money only after the merchandize is returned to us or after you send us a proof that you have returned the merchandize back to us. You are obliged to return the merchandize to us immediately and no later tha 14 days from the day when you submitted your decision on unilateral termination to us. You can return the merchandize in person by ordinary post demonstrably to the address VIS PROMOTEX d.o.o., Varaždin, Adolfa Wisserta 3/a. You are deemed to have fulfilled your obligation in a timely manner, if before the expiry of the above-mentioned deadline, you send the merchandize demonstrably to us to our warehouse (by registered mail with the consignment). You are responsible for any impairment of the merchandize resulting from the handling of the merchandize, except for what was necessary to determine the nature, characteristics and functionality of the merchandize. If the product is returned defective, with major damages or without parts and documentation, and if it is not delivered within a further 8 days, the Buyer shall be deemed to have failed to fulfill his/her obligation regarding the return of the merchandize and the Seller is not obliged to make a refund of the funds paid.

The Buyer is not entitled to unilateral termination of the contract if:

the service agreement has been fully fulfilled by the Seller and the fulfillment has begun with the Buyer’s express prior consent and with his/her confirmation that he/she is aware of the fact that he/she will be deprived of the right to unilaterally terminate the contract as indicated in this section if the service is fully fulfilled;
the subject matter of the contract is merchandize or service the price of which is dependent on the changes in the financial market that are beyond the Seller’s control and that may arise during the term of the Buyer’s right to unilateral termination of the contract;
the subject matter of the contract is the merchandize produced according to the Buyer’s specification or that are clearly tailored to the Buyer;
the subject matter of the contract is easily perishable merchandize or merchandize with short validity time;
the subject matter of the contract is sealed merchandize which, for health or hygienic reasons are not suitable for return if the seal was removed after the delivery;
the subject matter of the contract is the merchandize which, because due to its nature, is inseparably blended with other items after the delivery;
the subject matter of the contract is the delivery of alcoholic beverages, the price of which was agreed at the time of concluding the contract and the delivery may only be effected after 30 days if the price is dependent on the changes in the market that are beyond the trader’s control;
The Buyer specifically requested the Seller’s visit to perform emergency repairs or maintenance operations, whereas if during such a visit, in addition to those services specifically requested by the Buyer, the Seller also provides any other services or delivers merchandize other than the one necessary to perform emergency repairs or maintenance operations, the Seller is entitled to unilateral termination of the contract in connection with these additional services or merchandize;
the subject matter of the contract is the delivery of the sealed audio clips or video recordings, or computer programs, which have been unsealed after the delivery;
the subject matter of the contract is the delivery of the newspapers, periodicals or magazines, except for subscription contracts for such publications;
the contract concluded at public auction;
• the subject matter of the contract is the provision of accommodation services not intended for housing, the provision of services of carriage of merchandize, car rental services, delivery of food and beverage or rendering leisure services, provided that it has been agreed that the service be provided on a specified date or in a specific period;
the subject matter of the contract is the delivery of digital content that is not delivered on the tangible media if the fulfillment of the contract commenced with the Buyer’s prior explicit consent and with his confirmation that he/she is aware of the fact that he/she will be thereby deprived of the right to unilateral termination of the contract;

VIII. Liability for Material Defects / Complaints

The Seller is liable for the material defects of the items it sells on its website in accordance with the positive regulations of the Republic of Croatia, in particular the Obligations Act.

Ordered products are packaged in a way that they are not damaged by the usual handling in the transport / delivery.

When accepting them, the Buyer is obliged to carry out a visual inspection of the colis and must count and check the labels on which the Buyer’s address is indicated. If there is no external damage, the Buyer signs a Transport document confirming the correctness of the shipment, and the supplier’s driver is not obligated to wait during the time of detailed inspection of the contents of coli.

If there are visible external damage to the coli, the contents of the coli will be inspected by the Buyer and the supplier’s driver.

In case of damage to the delivered products, the Protocol designated as LMX HR ZG 033 will be completed and signed by the Buyer and the supplier’s driver. One copy of the Protocol is to be kept by the supplier’s driver who must have it in the vehicle, the second copy in the photocopy is to be kept by the Buyer and the original is delivered to the competent Lagermax terminal.

The supplier’s driver must deliver the damaged products together with the Delivery Protocol and the delivery note to the Lagermax terminal.

Therefore, in the event of any visible defect of the product when accepting the consignment, the Buyer is not obligated to accept the delivered product, may refuse the acceptance and will not bear the costs of delivery of such a product.

The products duly accepted by the Buyer are not considered to have a visible defect.

The Buyer is entitled to complaint about the material defects within the deadlines and for the reasons stipulated by the provisions of the Mandatory Deadlines Act.

The Buyer may send a written claim or a complaint to the e-mail wspodrska@vis-cro.com , via online form or in writing to the address: VIS PROMOTEX d.o.o., Varaždin, Adolfa Wisserta 3/a, with an indication Complaint. Verbal complaints shall not be considered valid.

For the purpose of quicker determination of a specific order that is subject to complaint by the Buyer, the Buyers are asked to indicate an order number, invoice number or his/her user name in the complaint.

The Buyer is entitled to a justified complaint and to return the merchandize in the following cases:

Delivery of merchandize not ordered
Delivery of merchandize that has a defect or damage that did not occur in the transport

If a product has a hidden defect (the defect that could not have been identified by the ordinary inspection when accepting the item) identified by the Buyer upon opening the product – the Buyer is entitled to unilateral termination of the contract and refund, and replacement of the product at the Seller’s expense.

In addition, the Seller will consider the complaint valid if, after examining the product, the Seller determines that it meets the conditions for a complaint in accordance with the Obligations Act and the Consumer Protection Act. In that case, the Seller will replace the product within 15 days from the date of receiving a valid complaint or will refund the entire amount paid accompanied by the termination of the contract. Should the Seller find that the complaint is not valid, that is, should the Seller reject the complaint, the Seller will inform the Buyer thereabout within 15 days’ time from the day of receipt of the complaint.

The Seller will accept the return of the damaged, defective or misdirected merchandize at its own expense, if the Seller finds that the complaint is justified, and that the Buyer has not tampered with the product, has not caused any damage or any defect to the merchandize.

In the event of a justified complaint, the Seller will bear the cost of replacement with a new product as well as the cost of delivery thereof in full.

IX. Term of the contract

The Contract concluded with the Seller is a distant one-time contract of purchase and sale of products consumed by the delivery of the merchandize and payment effected by the Buyer in case it is not terminated. These Purchase Terms are an integral part of the Contract.

X. Warranty

12 months’ warranty is issued for the models „Elegant“ and „Supernatural“ parasols.

The warranty is valid if the product is used in accordance with the instructions of use. However, the warranty does not cover the damage caused by mechanical, abrasive and chemical action.

As a matter of fact, the warranty does not cover the damage caused by mechanical, abrasive and chemical action or any other damage caused by leaving the parasols exposed to weather conditions, improper storage and/or distribution, improper cleaning and/or handling or similar improper activities that could result in damage to the parasol or any part thereof.

The warranty shall not be valid in case any modification has been made to the product for the purpose of repairing or modifying it, and in case an error occurred as a consequence of unprofessional or negligent handling. Scratches and damage caused by falling, hitting or similar actions are not covered by the warranty.

XI. Privacy and Data Security Statement

These rules determine and regulate that the Seller uses and protects all the information that customers submit to the Seller when using the vis-cro.com website.
Personal data is any piece of information pertaining to a certain natural person or an identifiable natural person.

Specifically, personal data is considered to be all the data that identifies the buyer’s identity (e.g. name and surname, e-mail address, address of residence, bank card information, and the like).
Personal data processing is any action or set of actions executed on personal data, whether by automatic means or not, such as collecting, capturing, organizing, saving, adapting or modifying, retrieving, inspecting, using, disclosing by transmitting, publicizing, or otherwise made available, classifying or combining, blocking, deleting or destroying, and the performance of logical, mathematical and other operations with such data.
By registering on the shop.vis-cro.com website, by purchasing as a guest or by accessing the website, the Buyer agrees that the Seller may process his/her personal information listed in the registration form, as well as the order data and the data available in the process of the payment of the service and other data. The same data is used for the purpose of signing the contract, and for the purpose of making the Seller familiar with Buyer’s purchasing habits and the purpose of promoting the Seller’s services and products. The Seller is obliged to maintain the privacy of all Buyers’ personal data, and will treat them in accordance with the Personal Data Protection Act or other applicable regulations. All of the above personal data may not be used or made available to third parties by the Seller without being authorized for it, unless in cases when it is permitted by special law or is required for the purpose of performing any contractual obligations. All Seller’s employees and business partners are responsible for compliance with the privacy policy.

In case of any change to personal data (e.g. place of residence, delivery address) entered during registration, the Buyer shall inform the Seller about a change to the address by sending an email to the email address wspodrska@vis-cro.com.

In the event that the Buyer does not want the Seller to process the data in any way, and requests the deletion of the same data, he/she must notify the Seller thereabout by sending an email message to the e-mail address wspodrska@vis-cro.com.

vis-cro.com (website tag) uses cookie programs as session identifier, or cookie contains the so-called ‘session id’ to ensure that during the session the webshop recognizes and remembers the buyer’s browser, and thus the buyer, thereby enabling the purchase.

In order to make this site more enjoyable, functional and convenient, this website saves a certain amount of information on your computer, the so-called cookies. They are used to make the site function optimally and to enhance your browsing and use experience. By visiting and using this website, you agree to use cookies that can be blocked as well. After that you will still be able to view the website, but some features will not be available to you.

What are cookies?

The cookie is part of the information saved on your computer, cell phone or tablet, which can be delivered directly from the website you visit (first-party cookies) or in collaboration and for the requirements of third-party websites (third party cookies). Cookies usually save your settings, web site settings, etc. Once you open a website again, your web browser sends back the cookies that belong to this website. This allows the website to display information tailored to your needs. Cookies can have a wide range of information, including a piece of personal information. Such information can only be saved if you enable it. The same website cannot access the information that you have not provided and cannot access any other file on your computer.

How to disable them?

If you want to prevent cookies from being stored on your computer, you can do so. The act of blocking may have a negative impact on the use of the website. To disable cookies, you need to set the settings and configurations of your web browser. In the browser menu, select help and information about the cookies and follow the instructions.

What are temporary cookies?

Temporary cookies or session cookies are removed from your computer after you close your web browser. By means of these, websites store temporary data.

What are persistent cookies?

Persistent or saved cookies remain on your computer after the Internet browser closes. Websites store information by means of them, such as logon name and password, so you do not have to log on for each visit to a particular location.

XII. Platform for Online Dispute Resolution of the European Union

According to special regulation of the European Union, 2. 2016. it will be possible to resolve online shopping related disputes from 15 February 2016 throughout the EU through the ODR platform that you can access here.

This means that if you encounter a problem during an online purchase within the EU (a defective product, lack of possibility to replace a product, etc.), you can submit your complaint in a quicker and simpler way at the top link.

The platform can also be used by consumers and traders, and the complaint can be filed in any of the 23 official EU languages.