BASIC INFORMATION ABOUT THE BRAND
Name: Frankie’s custom made textured art, obrt za proizvodnju, vl. Ivana Golec, Petrovsko, Preseka Petrovska 64
Person authorized for representation: Ivana Golec
Email address: frankiesbyivana@gmail.com
GENERAL INFORMATION
The consumer, as a buyer, enters into a sales contract with Frankie’s as a seller.
These General Terms and Conditions also represent a pre-contractual notification in the manner regulated by the Consumer Protection Act.
Means of remote communication are all means that can be used to conclude a contract at a distance without the simultaneous physical presence of the trader and the consumer, such as the Internet and electronic mail.
The seller can terminate the purchase agreement, if the buyer does not pay the purchase price, and is not obliged to deliver the product until the purchase price is received.
Content of the website www.frankiestexturedart.com.hr is available in Croatian and English. The official languages for concluding sales contracts are Croatian and English.
The customer can only be an adult and capable of doing business. Contracts can be concluded in the name and on behalf of minors and legally incompetent persons by their legal representatives or guardians. The Seller bears no responsibility for actions contrary to this provision.
The customer is obliged to provide valid and complete personal data when ordering the product. The contrary behavior of the buyer authorizes the Seller to refuse the sale of the product or the provision of its services.
The terms of purchase define the procedure for ordering, payment, delivery and return, i.e. product complaints. By ordering the product, the customer accepts the currently valid purchase conditions listed below. Frankie’s reserves the right to change the terms of purchase and is not responsible for grammatical and other errors that may appear in the product description.
GENERAL PROVISIONS
The customer familiarizes himself with the main features of the product on the website www.frankiestexturedart.com.hr
Frankie’s reserves the right to change information, including product prices and special offers on the Site without notice.
Along with the product image, there is a description of the product’s main features and its price.
Frankie’s does not rule out the possibility of errors in the presentation of product prices or promotional offers, and apologizes to customers in advance if the above occurs. In this case, Frankie’s will inform the customer about the error and the impossibility of delivering the product.
Frankie’s enables you to use the website in the best possible way. This includes: monitoring the operation of the server, expansion of capacity according to the number of users, support for users and elimination of possible errors and problems in the operation of the system. Frankie’s does not take responsibility for any problems in the operation of the pages and services. Frankie’s cannot guarantee that use of the Website will be uninterrupted or error-free. The user of the website agrees that access to the website may sometimes be interrupted or temporarily unavailable.
The seller reserves the right at any time to modify or terminate any segment of the business, including the content, time of availability as well as the equipment required to access or use the pages.
Frankie’s reserves the right at any time, if it deems it necessary, to cancel or modify any of the General Terms and Conditions stated here. By continuing to use the website after the published changes to the General Terms and Conditions, it is understood that the customer accepts the changes.
Users use the website at their own risk. Frankie’s is in no way responsible for any damage that the user may suffer from the use of the website.
Frankie’s reserves the right to disable access to the website www. to users in case of assessment that it is being used in an inappropriate manner. Frankie’s reserves the right to refuse access to the website www. to anyone, based on their own assessments. The user undertakes to use the website in a way that does not endanger the resources and services as a whole. Inappropriate use of the website www. is prohibited and results in termination of access to it.
The content of the website is protected by copyright.
We invest in the development of the review process. Our reviews will be subject to a user identity verification process, and we will make every effort to ensure that published reviews come from consumers who have actually used or purchased the product. We do not practice or encourage the submission of false consumer reviews or endorsements, or ordering another entity or individual to submit them, or misrepresenting consumer reviews or social endorsements in order to promote a product. We have no influence on the reviews left via Facebook and Instagram accounts and cannot influence their technical settings regarding the verification of the identity of users who give reviews.
Products can be ordered via the email address frankesbyivana@gmail.com or via a direct message on the official Frankie’s Instagram profile.
USE OF PRODUCT DESCRIPTIONS AND INFORMATION
Although product information is regularly updated, Frankie’s is not responsible for inaccurate information. This does not affect your statutory rights.
CONTRACT CONCLUSION PROCEDURE
Products can be ordered via the email address frankesbyivana@gmail.com or via a direct message on the official Frankie’s Instagram profile.
You search for products on the search engine or by selecting categories in the main menu. For additional information about the product, click on the desired product.
PRICE
Product prices are expressed in official currency.
The seller is authorized to change prices without prior notice. Also, the Seller is authorized, without prior notice, to set a price lower than the regular price for an individual product, group of products and/or for all products.
The price of the product will be that stated at all times on this website, except in the case of manifest error. Although we make every effort to ensure that the prices listed on the website are correct, errors may occur. If we discover an error in the price of a product you have ordered, we will notify you as soon as possible and give you the option of confirming the order at the correct price or canceling the order. If we are unable to get back to you, the order will be considered canceled and all amounts paid will be refunded in full.
PAYMENT
The form of payment used is payment to a bank account. Payment is made after confirming the order of the product according to the information specified in the direct message sent from the official Instagram profile or in the email message received after the order was placed. Payment can be made in a bank, post office or via Internet/mobile banking. The products are made after the payment is visible on our account or after delivery of the payment confirmation. The deadline for making the product is 10 days from the day of visible payment or delivery of the payment confirmation.
DELIVERY
Delivery is made through the GLS delivery service.
The package is sent by GLS delivery service and the employees deliver it to your door.
In the case of delivery to islands that are not connected to the mainland by a bridge, delivery times are longer and vary from 4 to 10 days.
All products are packed and protected so that they cannot be damaged by normal handling during transport. We recommend opening the shipment in front of the delivery person and comparing the delivered products with the invoice, and if something is missing or products that were not ordered have been delivered, report them to the delivery person immediately.
When picking up the delivered products, checking the correctness of the order depends on the customer. By signing the confirmation of receipt of the shipment, the buyer confirms that he has received an undamaged package, that is, it is considered that the buyer has determined by inspecting the shipment that the received products are undamaged, that they correspond quantitatively and qualitatively to the products on the invoice. In the event that the buyer refuses to take over the ordered and paid for products without a valid reason, the Seller has the right to ask the buyer for compensation for handling and transport costs.
If the customer does not take over the product or refuses to take over the product without a valid reason, the Seller reserves the right to demand compensation for the costs of manipulation, transport and other possible costs. Uncollected packages are kept by the Seller for a maximum period of up to 14 days from the failed delivery/collection notification, during which it is possible to collect the product by agreement. After that, the contract is considered terminated and the money paid for the product will be returned.
GLS delivery service does not deliver to individual islands, but Croatian Post is used for delivery. The above conditions apply to the postal codes listed below: 23285, 20221, 22233, 23286, 20222, 22234, 23287, 20223, 22235, 23291, 20224, 22236, 23292, 20225, 21430, 23293, 20226, 21432, 23294, 51561, 23281, 23295, 51562, 23282, 23296, 51552, 23283, 21225, 23284, 20290
GLS delivery service in the EU
The package is sent by GLS delivery service and the employees deliver it to your door. Shipping is free for all products.
MATERIAL DEFECTS
Frankie’s is responsible for material defects of the product until the moment of transfer of risk to the customer.
Also, the same is responsible for those material defects that appear after the transfer of risk to the customer, if they are the result of a cause that existed before that. It is understood that a defect that appeared within a year from the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the matter or the nature of the defect.
There is a disadvantage:
– if the product does not correspond to the description, type, quantity and quality, i.e. it does not have the functionality, compatibility, interoperability and other features as determined by the sales contract;
– if the product is not suitable for any special purpose for which the buyer needs it and with which the buyer informed the seller at the latest at the time of concluding the contract and in relation to which the seller gave his consent;
– if the product is not delivered with all accessories and instructions, including installation instructions, as determined by the purchase agreement or if the product is not delivered with updates as determined by the purchase agreement;
– if the product is not suitable for use for the purposes for which a product of the same type would normally be used, taking into account all the regulations of the European Union and the regulations of the Republic of Croatia, technical standards or, if there are no such technical standards, applicable codes of conduct in a certain area if they exist ;
– if the product does not correspond to the quality and description of the sample or model that the seller made available to the buyer before concluding the contract;
– if the product is not delivered with additional equipment, including packaging, installation instructions or other instructions, the receipt of which the customer can reasonably expect;
– if the product does not correspond to the quantity or does not have those properties and other features, including those related to durability, functionality, compatibility and safety, which are usual for a product of the same type and which the customer can reasonably expect considering the nature of the product and taking into account all public statements made by the seller or other persons in previous stages of the chain of transactions, including the manufacturer or made on their behalf, especially in advertising or labeling;
– if the product is improperly installed or assembled, and the installation or assembly service forms part of the sales contract and was performed by the seller or a person for whom he is responsible;
– if the product for which it was intended to be installed/mounted was improperly installed/mounted by the customer, or by the customer, and the improper installation/assembly is the result of a deficiency in the instructions provided by the seller;
When taking over the product, the customer is obliged to check for possible damage and immediately report it to the delivery worker who delivered the goods, or refuse to take delivery of a shipment with visible external damage.
www.frankiestexturedart.com.hr, based on the request for return or exchange, will return funds to the user’s account or replace the product with a new one within fourteen (14) days from the date of receipt of the returned product at the warehouse.
In the event that the replacement product is not in stock, only a refund is possible. In the case of a complaint, (according to NN19/22 Articles 60 and 84) the user bears the costs of return. The user is obliged to return the delivered products in the condition in which they were delivered and in the original packaging (trade packaging in which the goods were delivered) with the delivery note and invoice.
If the existence of a material deficiency is determined, the seller may have one of the following obligations, all in accordance with the provisions of the Obligations Act:
elimination of deficiency,
delivery of another product without defects,
price reduction,
contract termination.
Rights based on a material defect in the product are regulated by the Obligatory Relations Act.
The buyer can terminate the contract only if he has previously given the seller a subsequent appropriate deadline for fulfillment.
The buyer can terminate the contract even without leaving a subsequent deadline if the seller, after notifying him of the defects, has informed him that he will not fulfill the contract or if it is obvious from the circumstances of the specific case that the seller will not be able to fulfill the contract even in the subsequent deadline, as well as in the case when the buyer, due to the seller’s delay, does not can achieve the purpose for which he concluded the contract.
If the seller does not fulfill the contract in the subsequent period, it is terminated according to the law itself, but the buyer can keep it if he declares to the seller without delay that he keeps the contract in force.
The seller has the right to refuse to remove the defect if repair and replacement are impossible or if this would cause him disproportionate costs, taking into account all the circumstances, especially the value of the item without the defect, the significance of the defect and the question of whether the repair or replacement can be done without considerable inconvenience to the customer.
When the buyer is a legal entity, the rules on material deficiency prescribed by the Law on Obligations apply to him, especially in the part where material deficiency for legal entities is regulated differently than stated here in the Terms of Use, then the Law on Obligations applies.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT – RETURNS
The consumer can unilaterally terminate the contract within 30 days without giving a reason.
The period of 30 days begins to run from the day when the product is handed over to the consumer or a third party designated by the consumer, who is not the carrier.
If the consumer orders several pieces of products in one order that should be delivered separately, that is, if it is a question of goods that are delivered in several pieces or in several shipments, the 30-day period begins to run from the day when the consumer or a third party specified by the consumer, and which is not the carrier, handed over the last piece or the last shipment of the product.
If a regular delivery of goods is contracted for a certain period, the 30-day period begins on the day when the first piece or the first shipment of the product is handed over to the consumer or a third person designated by the consumer, who is not the carrier.
If the consumer is not informed about the right to terminate the contract, the right of the consumer to unilaterally terminate the contract ends after 12 months from the expiration of the 30-day period.
If the seller has provided the consumer with a notice of the right to terminate the contract within 12 months, the right to unilaterally terminate the contract ends after the expiration of 30 days from when the consumer received that notice.
In order for the consumer to be able to exercise the right to unilaterally terminate the contract, he must notify the seller of his decision to unilaterally terminate the contract before the expiration of the 30-day period by e-mail to frankiesbyivana@gmail.com.
Confirmation of receipt of the declaration of unilateral termination of the contract will be delivered by the seller to the consumer without delay, by e-mail. In case of termination of the contract, each party is obliged to return to the other party what it received on the basis of the contract. The seller will refund the amount paid only after the product is returned to him, that is, after the consumer provides proof that he sent the product back to the seller. The seller must refund the amount paid using the same means of payment used by the consumer when paying, unless the consumer expressly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund.
The costs of returning the product are borne by the consumer. The consumer is responsible for any reduction in the value of the product resulting from its handling, except for that which was necessary to determine the nature, characteristics and functionality of the product.
In order for the consumer to determine the nature, characteristics and functionality of the product, he can handle the product and inspect the product exclusively in the way that is customary when buying a product at the seller’s premises. The product that the buyer intends to return within 30 days must not be worn, altered, used, removed from the protective film, nor must he undertake any actions that may not be undertaken in the physical branch of the seller, as well as those that would reduce the value of the product.
During the period in which the consumer exercises the right of return, he must store the product with due care, that is, he must behave as a particularly careful and conscientious person.
The customer does not have the right to unilaterally terminate the contract if:
– the service contract was fully fulfilled by the Seller, and the fulfillment began with the express prior consent of the buyer, and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract from this section if the service is fully fulfilled;
– the buyer specifically requested a visit from the Seller to carry out emergency repairs or maintenance work, with the proviso that if during such a visit, in addition to those services that the buyer expressly requested;
– the subject of the contract is the delivery of sealed audio or video recordings, or computer programs, which were unsealed after delivery;
– the subject of the contract is delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications;
– a contract concluded at a public auction;
– if the subject of the contract is the provision of accommodation services that are not intended for housing, the provision of goods transportation services, vehicle rental services, food and beverage delivery services or leisure-related services, if it is agreed that the service will be provided on a specific date or in a specific period;
– if the subject of the contract is the delivery of digital content that was not delivered on a physical medium, if the fulfillment of the contract began with the explicit prior consent of the Buyer and with his confirmation that he is aware of the fact that he will thereby lose the right to unilaterally terminate the contract.
NOTICE ON THE MANNER OF WRITTEN COMPLAINT BY THE CONSUMER
All objections can be sent by the Customer by e-mail to frankiesbyivana@gmail.com
Frankie’s seller must legally respond to a consumer’s complaint in writing within 15 days of receipt of the complaint.
In the event of a possible dispute, Frankie’s and the consumer will resolve the dispute amicably, and if this is not possible, the competent court will be the one with actual and local jurisdiction, applying Croatian law. The resolution of disputes is possible before the Court of Honor of the HGK or other centers for conciliation.
Consumer disputes can be resolved via the ODR platform of the European Commission
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The rules on written consumer complaints do not apply to legal entities, which are subject to the Law on Obligations and the Law on Electronic Commerce.