General Terms and Conditions of the Tersa d.o.o. Web Store
The General Terms and Conditions of the Tersa d.o.o. web store have been drawn up in accordance with the Consumer Protection Act, the Personal Data Protection Act, and the Electronic Commerce Act, in force in the territory of the Republic of Croatia.
These general terms and conditions apply to the use of the Tersa d.o.o. web store at the web address www.tersa.hr, including all its subpages, and to the purchase of products available there. Please read these terms and conditions carefully before purchasing. Your agreement to the terms and conditions stated herein is a prerequisite for completing a purchase.
GENERAL PROVISIONS AND TERMS OF PURCHASE OF THE WEB STORE
The web store available at the web address www.tersa.hr was established by Tersa d.o.o., Nikole Tesle 71, 31553 Črnkovci, Croatia, OIB (Personal Identification Number): 80835896442. If you have any questions, you can contact us at the e-mail address tersa@tersa.hr or at the contact details listed on the “Contacts” web page. Tersa d.o.o. provides the web store service on the website at the domain www.tersa.hr. The service consists of providing information services, content management, conducting financial transactions, sale of goods between users of the web store, i.e. you as the buyer and us as the seller, and organizing delivery of the items purchased. You accept these General Provisions and Terms electronically upon confirming an order in the web store. We also advise you to read the Data and Privacy Protection Rules, as well as the Cookie Policy, since these documents also relate to your use of the web store. The user agrees that they will 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. 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. Tersa d.o.o. is not responsible for phone costs, data traffic costs, or any other costs that may arise when ordering or browsing the content of the web store and purchasing the services available on it.
CHANGES TO THE GENERAL TERMS
The current version of the General Provisions and Terms of Purchase of the web store is always considered to be the version published on this page. We hereby inform you that there is a possibility of occasional changes to the General Provisions and Terms of Purchase of the web store in order to comply with changes in law and/or our business processes. We are technically unable to notify every user of any changes, so we recommend that you read this text when making a purchase in the web store again in order to familiarize yourself with possible changes. Tersa d.o.o. reserves the right to change or discontinue (temporarily or permanently) any products or services it provides, as well as to change the content in the web store, without prior approval or notice, while applying good business practices.
METHODS OF PAYMENT
On tersa.hr, payment is enabled by payment cards (Mastercard, Maestro, Visa), and bank transfer payment.
INSTALLMENT PAYMENT:
ZABA Visa:
ERSTE Diners: Mastercard®, Maestro®, Visa:
PBZ Visa:
ONLINE PAYMENT SECURITY STATEMENT
When paying in our web store, you use CorvusPay – an advanced system for secure acceptance of payment cards via the internet. The CorvusPay system ensures complete confidentiality of your card and personal data from the moment you enter them in the CorvusPay payment form. Payment data is transmitted in encrypted form from your web browser to the bank that issued your card. Our store never comes into contact with the complete data on your payment card. Also, the data is inaccessible even to CorvusPay system employees. An isolated core independently transfers and manages sensitive data, keeping it completely secure. The form for entering payment data is secured by an SSL transport cipher of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all requirements related to online payment security prescribed by leading card brands, and operates in accordance with the PCI DSS Level 1 standard – the highest security standard of the payment card industry. When paying with cards included in the 3-D Secure program, your bank, in addition to verifying the validity of the card itself, additionally confirms your identity using a token or password. CorvusPay considers all collected information confidential and treats it accordingly. The information is used exclusively for the purposes for which it is intended. Your sensitive data is completely secure, and its privacy is guaranteed by the most modern protection mechanisms. Only data necessary for conducting business in accordance with prescribed demanding procedures for online payment is collected. Security controls and operational procedures applied to our infrastructure ensure the immediate reliability of the CorvusPay system. In addition, by maintaining strict access control, regular security monitoring, and in-depth checks to prevent network vulnerabilities, as well as the planned implementation of information security provisions, they continuously maintain and improve the level of system security by protecting your card data.
CONCLUSION OF THE SALES CONTRACT
While browsing the content of the web store, you can freely choose the desired items and add them to the basket. This action is not binding in any way. After you have selected the desired items and are sure you want to buy them, you proceed to the ordering process during which you enter all the data necessary to execute the order, confirm your agreement with the General Provisions and Terms of Purchase of the web store, and, depending on the chosen payment method, make the payment. The actions you performed and confirmed during the order submission process are considered to be the conclusion of a sales contract and as such are binding. The price of the product listed in the web store includes VAT. The ordered goods are delivered at the prices and conditions valid in the web store on the day the order is submitted, regardless of the prices and conditions valid on the day of delivery. These General Provisions and Terms form integral parts of the sales contract concluded through the web store. After submitting your order using the web store interface, you will receive at the e-mail address you entered during the ordering process an automatically generated confirmation of receipt of the order (hereinafter “Confirmation”). The confirmation of receipt of the order is not considered confirmation of the conclusion of the sales contract by the seller, but is exclusively a document confirming receipt of the order. We reserve the right to refuse a received order if, due to extraordinary circumstances, we are not able to execute it in accordance with the quality standards of the Tersa d.o.o. web store. The seller is not obliged, on the basis of a received order, to conclude a sales contract in the event that it cannot fully fulfill the obligations under the contract. The sales contract is considered concluded by the seller at the moment the goods are dispatched and the invoice is issued.
PRODUCT PRICES AND METHODS OF PAYMENT
All product prices in the web store are expressed in Euros (EUR) and include VAT.
The equivalent value in euros (EUR) is calculated according to the applicable central exchange rate of the CROATIAN NATIONAL BANK and is for informational purposes only. The exact amount of the price in euros (EUR) depends on the applicable 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 basket when finalizing the order. The cost of delivery is not included in the price of the product. The cost of delivery is calculated separately in the last step of the order after the user enters the desired delivery address. The seller reserves the right to change the price without prior notice.
In extraordinary cases of an administrative error in stating the price of a product on the web store pages, we are not obliged to conclude a sales contract under unfavorable conditions. If such a case occurs, we will offer you the opportunity to purchase the product at the correct price, without an obligation to accept such an offer.
In the event of your non-acceptance of the offer, the amount paid will be refunded to you if payment was previously made on your part.
Products remain the property of the seller until full payment is received in accordance with the concluded sales contract, regardless of whether the goods have been delivered.
You can make payment within the Republic of Croatia by transfer to our transaction account using internet banking or bank transfer payment.
DELIVERY OF GOODS
All orders are processed after confirmation of payment or confirmation of the order. The delivery deadline for products from the offer is 15 to 25 working days, unless otherwise stated for a particular product.
Delivery is carried out in the territory of the Republic of Croatia, Slovenia, Austria, and Germany. The delivery service is performed by a contractual partner. For Slovenia, Austria, and Germany, the delivery price is calculated according to the special price list of the delivery service.
The delivery deadline begins to run from the day of order confirmation and recorded payment. Weekends, holidays, and non-working days are not included in the delivery deadline.
The buyer will be timely informed about the status of the order and any changes related to delivery via e-mail or telephone.
Delivery is carried out through contracted delivery services to the address specified during the order. The buyer is obliged to inspect the shipment upon receipt and immediately report any visible damage to the deliverer and refuse to accept a shipment that is visibly damaged.
In the case of extraordinary circumstances that may affect the delivery deadline (unavailability of the product, supplier delay, difficult transport, force majeure, and the like), the trader reserves the right to extend the delivery deadline, with the obligation to timely inform the buyer.
If delivery is not possible due to incorrect or incomplete data provided by the buyer during the order, the trader is not responsible for the delay or failed delivery.
For additional information related to delivery, the buyer can contact us via the contact details listed on the online store.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT AND RETURN OF GOODS
You have the right, stating a clear and unambiguous reason, to terminate the sales contract within 14 days
from the day of submitting the order, in the event that you changed your mind before delivery of the goods.
In order to exercise the right to unilateral termination of the Sales Contract, it is necessary to submit
before the expiry of the specified deadline a written statement of unilateral termination of the sales contract; the statement
can be submitted to the e-mail address tersa@tersa.hr.
A prerequisite for unilateral termination of the Contract is that the goods have not been used and that they are in the original
packaging. If a reduction in value has occurred, upon receipt of the returned goods we will carry out
an assessment of 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
a mutually acceptable solution.
At the latest within 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 carry out
a refund of your payment to your transaction account.
The cost of returning the goods is borne by the buyer.
At the latest within 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 carry out
a refund of your payment using the same means of payment you used when ordering.
COMPLAINTS ABOUT GOODS
A buyer who has purchased a product/s through the online store (contract concluded remotely) has the right to
unilaterally terminate the contract within 14 days from the day of receiving the goods. The deadline begins to run from the day
when the buyer or a person designated by the buyer receives the ordered product.
To exercise the right to a refund, the buyer must send the trader an
unambiguous statement of termination of the contract (e-mail address: tersa@tersa.hr).
After sending the notice of termination of the contract, the buyer is obliged to return the goods without undue delay, and
at the latest within 14 days. The cost of returning the goods is borne by the buyer, unless the trader explicitly states
otherwise.
The trader is obliged to refund all payments received, including the basic cost of delivery,
at the latest within 14 days of receiving notice of termination of the contract, whereby it may withhold
the refund until the goods have been returned or until the buyer provides proof of having sent the goods.
The buyer is responsible for any reduction in the value of the goods resulting from handling of the goods beyond
what is necessary to establish the nature, characteristics, and functionality of the product. This means that
the product may be inspected and checked as in a physical store, but must not be used in a way that
reduces its value.
The buyer has the right to file a complaint if the delivered product/s has physical damage, is not
functional or stable, does not correspond to the description, dimensions, or specifications of the order, has a manufacturing defect,
is delivered incomplete or as the wrong model.
The buyer is obliged to report the complaint within a reasonable period after noticing the defect, with a description of the problem
and, if possible, photographs and proof of purchase.
After receiving a justified complaint, the trader may, in accordance with the law and the circumstances of the case:
repair the product, replace the product with a new one, grant a price reduction, carry out a refund
(termination of the contract), if repair or replacement is not possible or has not been carried out within a reasonable period.
RIGHTS AND OBLIGATIONS OF THE Tersa d.o.o. STORE
Tersa d.o.o. is obliged to deliver the sold item to you at the time and in the manner specified in the presented terms of business, after you place an order and pay the purchase price in accordance with Article 3.2 above. Tersa d.o.o. is liable for material defects in the goods it sells in the web store in accordance with Croatian positive regulations, in particular the Civil Obligations Act of the Republic of Croatia. Tersa d.o.o. offers products in the web store that are in our exclusive ownership. Tersa d.o.o. is obliged to provide truthful information about the goods offered and to provide complete information about payment of the purchase price and delivery of the goods. 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 problems, or other causes. Tersa d.o.o. (as well as third parties associated with it) is not responsible, regardless of the cause and duration, for any unavailability of the web store, any delay or interruption in the transmission of information, partial or complete interruption or incorrect operation and/or technical problems that may lead to incorrect data processing, and any claims or losses arising therefrom. Tersa d.o.o. will not be responsible for any inability to perform or delay in performing any of the obligations it has under these Terms or any contract in the event that this is the result of an action or event beyond the reasonable control of Tersa d.o.o., including failure of public or private telecommunications networks. In that case, Tersa d.o.o. will use all reasonable efforts to fulfill its obligations as soon as possible after the cessation of such extraordinary action or event.
RIGHTS AND OBLIGATIONS OF THE BUYER
You are obliged to pay the price of the purchased products and delivery costs if they are included in the total value of the order, and to take delivery of the purchased products upon delivery. For all complaints, you are entitled to contact us, according to the instructions stated above. You are responsible for any reduction in the value of the goods from the moment of taking possession of them, resulting from handling of the goods, except for that which was necessary to establish the nature and characteristics of the goods.
DATA AND PRIVACY PROTECTION RULES
Tersa d.o.o. undertakes to protect the privacy of the personal data of all users of the Tersa d.o.o. web store, and will handle it in accordance with the Personal Data Protection Act, i.e. other applicable regulations. The Data and Privacy Protection Rules for users, including the Cookie Policy, are considered an integral part of the General Terms and Conditions of Purchase of the Tersa d.o.o. web store and are available at the link “Data and Privacy Protection Rules for Users”.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF CONTENT
The website and web store of Tersa d.o.o. contain materials protected by copyright, design, and other information covered by other rights of natural or legal persons, including, but not limited to, rights to texts, applications, photographs, video materials, graphics, music, sound, and the like, unless otherwise indicated. It is not permitted to modify, publish, transmit, reproduce, participate in the transfer or sale of, create derivative works from, or in any way exploit any content, in whole or in part, without the express written consent of Tersa d.o.o. or the holder of the corresponding right. You are not authorized to download, copy, modify, edit, distribute, display, delete, send, sell, resell, adapt, or alter copyrighted materials in any way except for your own personal use. For the avoidance of any doubt, Tersa d.o.o. expressly retains and does not transfer to the user any rights with respect to the content of the web store and website, and prohibits the use of the content of the web store and website except as specified in these General Terms and as may be permitted by the instructions on the web store itself.
COMMUNICATION, COMPLAINTS, AND METHOD OF DISPUTE RESOLUTION
If you notice an error, problem, violation, unacceptable content, or the like published on the web store or on the website of Tersa d.o.o., you can contact us or submit a complaint via the e-mail address tersa@tersa.hr. We will respond to any such written complaint within 15 days of its receipt. Croatian law applies to these General Terms and all contracts. We hereby inform you of our good will to resolve any dispute amicably by agreement, as well as of your right to use mechanisms for out-of-court resolution of consumer disputes, with the right to initiate out-of-court dispute resolution proceedings by filing an application with the Court of Honor of the Croatian Chamber of Economy, and/or by filing a proposal for mediation with the Mediation Center at the Croatian Chamber of Economy, as well as by using the online Platform for online resolution of consumer disputes. In the event of a court dispute, the materially competent court has jurisdiction.