These general terms and conditions apply to the use of the Kunstmanir web shop at the web address www.earthwindesire.com including all sub-pages and the purchase of products available there. Please read these terms and conditions carefully before using. Your agreement to the terms and conditions set forth herein is a prerequisite for completing the purchase.
GENERAL TERMS AND CONDITIONS OF USE OF THE WEB STORE1.1. The web store available at the web address www.earthwindesire.com was established by KUNSTMANIR., whose headquarters are located at Rude 117b Samobor, OIB 91085191138 (hereinafter referred to as ‘Kunstmanir’ or ‘Seller’). If you have any questions, you can contact us at the e-mail address firstname.lastname@example.org or at the contact information provided on the website ‘Contact’.
1.2. Kunstmanir provides a web shop service on the website at the domain earthwindesire.com. The service consists of providing information services, managing content, conducting financial transactions, selling goods between users of the web store, i.e. you as a buyer and us as a seller, and organizing the delivery of the sale item. The web shop service can be used exclusively on the territory of the European Union and Great Britain.
1.4. The user agrees to use the web store exclusively in accordance with positive regulations for viewing published content, purchasing available products by placing legally valid orders and communicating with the seller.
1.5. The services we provide to you through the web store do not include the costs you incur using computer equipment and other electronic equipment (electronic devices) and services for accessing our web store. Kunstmanir is not responsible for telephone costs, data traffic or any other costs that may arise when ordering or viewing the contents of the web store and using the services available on it.
CHANGES TO THE GENERAL CONDITIONS2.1. The version published on this page is always considered the valid version of the General Terms and Conditions of Use of the web store. In case of disputes, the version that was valid at the time of purchase and with which you as a user expressed your consent at the time of submitting the order will be applied.
2.2. We hereby inform you that there is a possibility of occasional changes to the General Terms and Conditions of Use of the web store in order to comply with changes in the law and/or our business processes. Technically, we are not able to inform every user about possible changes, so we recommend that you read this text when you use the web store again in order to familiarize yourself with possible changes.
2.3. Kunstmanir reserves the right to change or cancel (temporarily or permanently) any of the products or services it provides, as well as changes to the content in the web store, without prior approval or notice, with the application of good business practices.
CONCLUSION OF SALE AGREEMENT3.1. When browsing the contents of the web store, you can freely choose the desired items and add them to the shopping cart. This action is not binding in any way. After you have selected the desired items and are sure that you want to buy them, you start the order process, during which you enter all the data necessary to complete the order, confirm your agreement with the General Terms and Conditions of Use of the web store, and, depending on the selected payment method, make the payment. The actions you performed and confirmed during the process of submitting the order are considered to be the conclusion of a sales contract and as such are binding.
3.2. The price of the product listed on the web store does not include VAT and represents an invitation to users to purchase goods at that price. The ordered goods are delivered at the prices and conditions valid on the web store on the day the order is placed, regardless of the prices and conditions valid on the day of delivery.
3.3. These General Terms and Conditions are integral parts of the sales contract concluded via the web store.
3.4. After submitting your order using the web store interface, you will receive an automatically generated confirmation of order receipt (hereinafter referred to as the ‘Confirmation’) to the e-mail address you entered in the ordering process. The confirmation of receipt of the order is not considered a confirmation of the conclusion of the sales contract by the seller, but is only a document confirming the receipt of the order.
3.5. We reserve the right to reject the received order if it is due to extraordinary circumstancesWe are unable to perform the services according to the seller’s quality standards. The seller is not obliged to enter into a sales contract on the basis of the received order in the event that he cannot fully fulfill his obligations under the contract. The sales contract by the seller is considered to be concluded at the time of shipment of the goods, which you will be notified about by a separate e-mail message.
PRODUCT PRICES AND METHODS OF PAYMENT4.1. All product prices in the web store are expressed in Croatian kuna (HRK). The equivalent value in euros (EUR) is calculated according to the valid central exchange rate of the CROATIAN NATIONAL BANK and is of an informative nature only, if it is displayed on the page. The exact amount of the price in euros (EUR) depends on the valid exchange rate of the end user’s bank at the time of payment. Product prices are the same for all types of payment and are visible on the product page and in the shopping cart when concluding the order. The product price does not include the shipping cost, which is calculated separately in the last step of the order after the user enters desired delivery address. The seller reserves the right to change the price without prior notice.
4.2. In exceptional cases of administrative error in displaying the price of the product on the website of the web store, we are not obliged to enter into a sales contract under unfavorable conditions. If such a case occurs, we will offer you to purchase the product at the correct price, without obligation to accept such offer. In the event of your not accepting the offer, the amount paid will be returned to you if the payment was previously made by you.
4.3. The products remain the property of the seller until receipt of full payment according to the concluded sales contract, regardless of whether the goods have been delivered.
4.4. You can make the payment by payment to our transaction account using internet banking or a general payment slip and cash on delivery upon receipt of the shipment.
4.5. You will receive the invoice by e-mail or in a package together with the goods or as a separate shipment, depending on the place of shipment of the goods. If you need an R1 account, please enter the name of the company when going through the order process and enter all the necessary information.
4.6. The promotional code is entered in the code entry field during the purchase process, after which the shopping cart calculation is reduced by the discount defined by the code. Then make the payment using the selected method.
DELIVERY OF GOODS / DELIVERY5.1. At the moment you place your order on the webshop, Kunstmanir receives your order and, depending on the selected payment method, starts packing, or by making the shipment. In the case of payment by cash on delivery, it is sent immediately upon receipt of the order, and in the case of payment to a transaction account via internet banking or a general money order, packaging begins after receipt of payment.
5.2. Delivery is made in the territory of the Republic of Croatia and the European Union.
5.3. Kunstmanir will not change the conditions of sale after the conclusion of the contract or cancel the delivery of the goods, unless due to a technical error of the stock tracking system, a certain product that was displayed as available is not actually available. In this exceptional case, we will notify you in a timely manner via the contact information you provided when placing the order. We will enable you to choose another product instead of the unavailable product from the originally concluded contract, without the obligation to accept such an offer. In the event of your not accepting the offer, the amount paid will be returned to you if the payment was previously made by you.
5.4. If the order includes several products, one of which is not available, we will inform you in a timely manner, and the other ordered products will be delivered in accordance with the contract.
5.5. All products will be packed in transport packaging in such a way that they cannot be damaged by normal handling during transport. 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. When taking over the goods, the customer is obliged to sign the delivery note or the delivery note, and the delivery service takes it as a confirmation of takeover. With the Customer’s signature on the confirmation of receipt of the shipment, it is considered that the product has been received without visible external damage.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT AND RETURN OF GOODS6.1. You have the right, without giving a reason, to terminate the sales contract within 14 days from the day of receiving the goods or after placing the order, in case you changed your mind before the goods were delivered.
6.2. In order to be able to exercise the right to unilaterally terminate the Purchase Agreement, it is necessary to submit a properly completed copy of the Form for Unilateral Termination of the Purchase Agreement, together with the original invoice, before the specified deadline expires. You can submit the form in the package together with the goods or to the e-mail address: email@example.com.
6.3. Obrazac for unilateral termination of a contract of sale concluded at a distance, download at this link in pdf format FORM . You can fill it electronically or physically after printing.
6.4. In case of termination of the contract, each party is obliged to return to the other what it received on the basis of the contract. According to Article 72 of the Consumer Protection Act, you are obliged to return the received goods at your own expense to the address Kunstmanir, Rude 117b Samobor.
6.5. The prerequisite for unilateral termination of the Agreement is that the goods have not been used and that they are in their original packaging, including with the original labels. If use (decrease in value) has occurred, upon receipt of the returned goods, we will assess the condition of the goods according to visible signs of use and accordingly determine what percentage of the refund will be paid to you. In such situations, we will contact you and try to find the most mutually acceptable solution.
6.6. No later than 14 days from the day we received your notice of the decision to terminate the contract, provided that you have fulfilled your obligation to return the delivered goods, we will refund your payment using the same means of payment that you used when placing the order.
6.7. Unfortunately, we are unable to refund additional costs resulting from your express choice of transportation type, nor any other costs associated with the return process. We are also unable to receive shipments that are sent in a way that requires cash on delivery.
COMPLAINTS OF DEFECTIVE GOODS7.1. In really rare cases when you receive defective goods, you have the right to object or complain about the goods within the legal term according to the Consumer Protection Act.
7.2. Pursuant to Art. 10 of the Consumer Protection Act, we allow you to send your complaints to the e-mail address firstname.lastname@example.org or by mail to the address Kunstmanir, Dubrava 126, 10040 Zagreb. We will respond to all complaints received as soon as possible, but no later than within 15 days from the day of receiving the complaint, and we will resolve your complaint in the most favorable way possible.
7.3. Refunds in case of complaints about defective goods are made in such a way that after receiving the complaint, in agreement with you, we send a delivery service to your address, which will pick up the package and return it to the store.
7.4. The complaint will be considered valid if, after examining the product and, if necessary, additional expertise, it is determined that it meets the conditions for a complaint in accordance with the Law on Obligatory Relations and the Law on Consumer Protection.
7.5. If it is determined that the complaint is valid, at our expense we will replace the product with an identical product without defects or return the entire amount paid for the product, including delivery costs.
7.6. In the event that the complaint is not valid, i.e. if the consumer’s complaint is rejected, the customer who sent the complaint will bear the cost of re-delivery of the purchased product to the customer’s address.
RIGHTS AND OBLIGATIONS OF KUNSTMANIR TRADE8.1. Kunstmanir is obliged to deliver the sold item to you at the time and in the manner specified in the presented business conditions, after you have placed the order and paid the purchase price in accordance with Article 3.2. up. Kunstmanir is responsible for material defects of the goods it sells on the web shop in accordance with positive Croatian regulations, especially the Law on Obligations of the Republic of Croatia.
8.2. Kunstmanir offers products that are our exclusive property in the webshop.
8.3. Kunstmanir is obliged to provide true information about the offered goods and to provide complete information about the payment of the purchase price and the delivery of the goods.
8.4. The web store may be temporarily unavailable or available only to a limited extent, as a result of regular maintenance or system upgrades, due to technical difficulties, force majeure issues or other causes. Kunstmanir (as well as third parties connected to it) is not responsible, regardless of the cause and duration, for the possible unavailability of the web store, any delay or interruption in the transmission of information, partial or complete interruption or faulty operation and/or technical problems that may result to incorrect processing of data and any claims or losses resulting from this.
8.5. Kunstmanir shall not be liable for any inability to perform or delay in performing any of its obligations under these Terms or any of the contracts in the event that this is the result of an act or event beyond the reasonable control of the seller, including failure of public or private telecommunications networks . In this case, Kunstmanir will use all reasonable efforts to fulfill its obligations as soon as possible after the termination of such extraordinary action or event.
RIGHTS AND OBLIGATIONS OF YOU THE BUYER9.1. You are obliged to pay the price of the purchased products and costsave, and pick up the purchased products upon delivery. For all complaints, you are authorized to contact us, according to the above instructions.
9.2. You are responsible for any decrease in the value of the goods from the moment of their collection, which occurs as a result of the handling of the goods, except for that which was necessary to determine the nature and characteristics of the goods.
DATA PROTECTION AND PRIVACY RULES10.1. Kunstmanir undertakes to protect the privacy of the personal data of all users of the web store, and will handle them in accordance with the Personal Data Protection Act, i.e. other applicable regulations.
10.2. The rules of data protection and user privacy, including the rules on cookies (‘cookies’), are considered an integral part of the General Terms and Conditions of Use of the web store and are available on the link ‘Privacy Rules.’
INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP11.1. The Kunstmanir website and webshop contain materials protected by copyright, trademark, design and other information covered by other rights of natural or legal persons, including, but not limited to, rights to texts, applications, photos, video materials, graphics, music , sound and the like, unless otherwise indicated.
11.2. It is not permitted to modify, publish, transfer, reproduce, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part, without the express written consent of Kunstmanir or the holder of the corresponding right. You are not authorized to download, reproduce, modify, edit, distribute, display, delete, send, sell, resell, adapt or modify the copyrighted materials in any way except for your own personal use.
11.3. For the avoidance of doubt, Kunstmanir expressly reserves and does not transfer to the user any rights in relation to the content of the web store and website, and prohibits the use of the content of the web store and website except as determined by these General Terms and Conditions and as possibly permitted by the instructions on the web store itself.
COMMUNICATION, COMPLAINTS and METHOD OF RESOLVING DISPUTES12.1. In case you notice an error, problem, violation, unacceptable content and the like published in the web shop or on the Kunstmanir website, you can contact us or send a complaint via the e-mail address email@example.com. We will respond to any such written objection within 15 days of its receipt.
12.2. Croatian law applies to these General Terms and Conditions and all contracts.
12.3. We hereby inform you of our good will to resolve any dispute peacefully by agreement, as well as your right to use the mechanisms of out-of-court settlement of consumer disputes, the right to initiate the procedure for out-of-court settlement of disputes by submitting an application to the Court of Honor of the Croatian Chamber of Commerce, and/or by submitting a conciliation proposal to the Center for conciliation at the Croatian Chamber of Commerce, and using the online Platform for online resolution of consumer disputes.
12.4. In the event of a legal dispute, the competent court in Zagreb is competent.
Date of last modification: 05.07.2022.