The Legal Bits
These Terms and Conditions (hereinafter referred to as: “Terms and Conditions”) have been compiled in accordance with the Consumer Protection Act, the Civil Obligations Act, the General Data Protection Regulation and the Electronic Commerce Act, effective on the territory of the Republic of Croatia.
These Terms and Conditions apply to the use of Materia webshop on the website www.materia.eu including all subpages and to the purchase of products available there. Please read these Terms and Conditions carefully before use. Your agreement to the Terms and Conditions set forth herein is a prerequisite for making a purchase.
The website www.materia.eu is operated by Materia Life d.o.o., Ulica Petra Hektorovića 2, 10 000 Zagreb, Croatia, personal identification number (OIB): 27908898542, registered with the Court registry of the Commercial court in Zagreb under number (MBS): 081376470 (hereinafter sometimes referred to as: “Materia”). Throughout the site, the terms “we”, “us” and “our” refer to Materia. Materia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
All materials on the www.materia.eu website are the exclusive intellectual property of Materia and may only be used with the express permission of the copyright holder. Materia allows you to use the services and content of the website www.materia.eu as regulated by these Terms and Conditions. The webshop service can be used on the territory of the Republic of Croatia, and in the countries of the European Union .
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing and/ or using our website. By accessing and/ or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions set herein, then you may not access the website or use any of the services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Phone: +385 (0)1 4882 555
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 - ORDERING PROCESS AND PAYMENT
When browsing the contents of www.materia.eu home page, you are free to select one or more of our listed products. After clicking on the preferred product, new subpage will open and will show all the details about the selected product. There you may select the quantity you wish to purchase and then you should click the button “Add to cart“ that will open an overview of items added to your shopping cart. Next, you should click the button “View cart“ where you can see another overview of items added to your shopping cart as well as a subtotal price. Before you go to secure checkout, you must check (click) the checkbox stating that you have read and that you agree to the Terms and Conditions. Clicking the button “Checkout securely“ leads you to Log In subpage. After you Log In to your www.materia.eu account , please insert your contact and shipping information and you will be led to payment.
All product prices on the webshop are expressed in euro (EUR) and include Value Added Tax (VAT). Product prices are the same for all methods of payments and are visible on the product page and in the shopping cart when concluding an order. The product price does not include the cost of delivery, which is calculated separately during the last step of the order after you enter the desired delivery address, unless the conditions for free delivery are met (order of items over EUR 70 for deliveries on the territory of the Republic of Croatia).
You can make the payment by credit or debit card (Visa, MasterCard, Maestro, American Express, Diners) or via PayPal at the time of concluding the order in the webshop, or in cash on delivery.
The contractual partner that takes care of the technical correctness and security of the card payment application is CorvusPay.
SECTION 9 - DELIVERY
The moment you place an order on the website, Materia receives your order and starts packing the shipment .
Delivery is made on the territory of the Republic of Croatia and in the countries of the European Union. The delivery service is made by the contractual partner DPD CROATIA d.o.o.
Delivery for all orders in the Republic of Croatia exceeding EUR 70 is free. The cost of delivery for orders amounting to or below EUR 70 is EUR 3.99 for the delivery in the Republic of Croatia, and the cost of delivery for orders to other countries of the European Union is EUR 9,99. VAT is included in the stated delivery costs.
Materia will not modify the terms of sale after the conclusion of the contract or cancel delivery of the goods unless, due to a technical error of the inventory tracking system, a particular product that was shown as available is not actually available. In this exceptional case, we will notify you in a timely manner through the contact information you provided when placing your order. We will allow you to choose another product instead of the unavailable product from the original contract, without the obligation to accept such an offer. If you do not accept the offer, the amount paid will be refunded to you.
If your order includes multiple products, one of which is not available, we will notify you in a timely manner and the other products ordered will be delivered in accordance with the contract.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (hereinafter referred to as: “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – CLAIM PROCESS
If you have found that the product you received is defective or you are dissatisfied with it, please contact us and follow the steps below.
To be eligible for a return, your item must be in the same condition as you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Send us information with the order number, invoice number or your username, description of the complaint and a picture of the product, by e-mail to email@example.com.
We will send you a confirmation of receipt of the complaint and based on your description the product can be exchanged for a new one, a refund can be obtained for the product or the product must be sent to Materia.
In cases where the product can be replaced with a new one and when the product can be refunded, we will send a delivery service to your address that collects the advertised product and returns it to our warehouse.
When the product arrives in stock, we will send you a refund / shipping notification. Refund / replacement for a new product will be made within 3-5 days, however no later than 15 days as of notifying you. Otherwise, contact us by e-mail at firstname.lastname@example.org
We believe that we will resolve your complaint to mutual satisfaction of both parties.
SECTION 13 - COMPLAINT POLICY
In accordance with Article 10 of the Consumer Protection Act, we allow you to send your complaints to the e-mail address email@example.com or by mail to the address Materia Life d.o.o., Ulica Petra Hektorovića 2, 10 000 Zagreb, Croatia. We will respond to all received complaints as soon as possible, but no later than 15 days from the date of receipt of the complaint, and we will resolve your complaint in the most favourable way possible.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Materia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Materia and our shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - UNILATERAL TERMINATION
You have the right, without giving a reason, to terminate the sales contract within 14 days from the date of receiving the goods or after placing the order, in case you have changed your mind before the delivery of the goods.
In order to unilaterally terminate the contract, you must notify Materia of your decision within the aforesaid time limit. The best way to do this is to contact us at firstname.lastname@example.org. Such email notification should include your name and surname, address, phone number or email address, order number and bank account number for the refund.
In the event of the termination of the contract, each party is obliged to return to the other party what it received under the contract.
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Croatia.
SECTION 24 - JURISDICTION
We hereby inform you of our goodwill to resolve each dispute amicably by mutual agreement, as well as your right to use out-of-court consumer dispute settlement mechanisms by right of initiating out-of-court dispute settlement proceedings by filing an application with the Court of Honour of the Croatian Chamber of Commerce and/or submitting a mediation proposal with the Croatian Chamber of Commerce, and using the Online Platform for Online Consumer Dispute Resolution.
In the event of a court dispute, it is subject to the jurisdiction of the competent court in Zagreb.
SECTION 25 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at email@example.com.