General Terms and Conditions

These General Terms and Conditions (further on in this document: General Terms and Conditions) prescribe the terms of using website of Shika small craft business based in Lužani, Vladimira Nazora 75, registered in the Craft Business Register in Slavonski Brod under the registration number MBO: 98350889, OIB: 61997876574 (further on in this document: Shika) and prescribe the conditions for the purchase of products and services remotely through the online store of the same craft business.

The Consumer Protection Act, the Trade Act, the Electronic Commerce Act, the Civil Obligations Act and other applicable regulations of the Republic of Croatia apply to the General Terms and Conditions. By accepting the Terms and Conditions, Shika’s way of returning the product is accepted.

Shika reserves the right to change the provisions of the General Terms and Conditions at any time.

All changes to the provisions of the General Terms and Conditions will be published on this website and the date of their entry into force will be announced.

By purchasing Shika products, Customers declare that they have read and understood the General Terms and Conditions, that they are familiar with them and fully agree with the terms and conditions set forth herein, and agree to use the website in accordance with them.

Definitions

User – A website visitor who does not order products.

Customer – The customer of the product is an online store visitor who selects at least one product, fills out an electronic order form and sends it to Shika.

Seller – Shika small craft business with its headquarters in Luzani, Vladimira Nazora 75, entered in the Craft Business Register in Slavonski Brod under the registration number of the craft business MBO: 98350889, OIB: 61997876574.

Order – a Shika craft form completed by the Customer, following the necessary steps to purchase the product(s) and/or services sold in the online store, as specified in the General Terms and Conditions.

Contract – a distance contract, that is a contract concluded between the Seller and the Customer within an organized system of selling or providing a service without the simultaneous physical presence of the Seller and the Customer in one place. (such as catalogs, telephones with human mediation, Internet, e-mail, etc.), in accordance with the provisions of these General Terms and Conditions which the Customer expressly accepts. The provisions of these General Terms and Conditions are considered an integral part of the Agreement.

Intellectual property law

All content and material published on the website www.shika.com is fully and exclusively the property of the Seller, i.e. Shika Use of the content of this website/domain without the express consent of Shika is not in accordance with the regulations governing the protection of intellectual property. The name “Shika” and the corresponding graphic representation are also registered trademarks of Shika craft business and are subject to the provisions of regulations protecting intellectual property.

Use of the website

The Customer and/or the User expressly agrees that they will use this website exclusively on their own risk. Shika, like none of its employees, agents, third party service providers or licensed companies, guarantees that the use of this website will not be interrupted or that there will be no errors; nor does it guarantee the consequences that may arise from the use of this website.

This disclaimer applies to all direct or indirect damages, possible injuries caused by any defects, errors, exclusions, interruptions, deletions, malfunctions, delays in work or transmission, computer viruses, interruptions in the communication line, theft, destruction or unauthorized access, alteration or misuse of records on computer equipment or property of the Customer/User, termination of contract, misconduct, negligence, or any other act of Shika or its employees, agents and/or third party service providers. The Customer/User expressly acknowledges that Shika is not responsible for any possible offensive, inappropriate or illegal conduct of other users or third parties and that the risk of damage that may result from this is borne entirely by the Customer/User.

In no event shall Shika, or any other natural or legal person involved in the creation, production or distribution of this website, or related content and/or software, be liable for any damages that may result from the use or inability to use these websites. The Customer/User expressly acknowledges that the terms of this chapter apply to the entire content of this website.

Customer/User is solely responsible for the purchase, use and maintenance of its computer equipment, including but not limited to all software and hardware it owns and uses, as well as other equipment required to access and use the Shika Online Store website and all associated costs. Shika is not responsible for any damage to the Customer’s/User’s equipment that may result from the use of this website.

Processing of personal data

By registering at www.shika.hr, i.e. by selecting products and filling in the electronic form, I agree that Shika as the head of processing in terms of the General Data Protection Regulation and its business partners or subcontractors, as executors of processing in terms of the General Regulation on Data Protection, collect, process and forward and exchange the following data: my personal data listed in the registration form and data on my orders.

I am aware of the right to withdraw this Statement of Consent in its entirety at any time. I am aware of the right to withdraw this Statement of Consent in its entirety at any time. The terms of personal data protection can be read na ovoj poveznici.

Shika’s online store uses “cookies” during the purchase process so that the online store can recognize and remember the User and enable the purchase in that way.

Security and data protection

Shika will provide the User and the Customer with privacy and protection of personal data, passwords and all other details on its website www.shika.hr in accordance with the terms of personal data protection that can be read ovoj poveznici.

The Customer/User is responsible for all actions and orders performed under his name. The connection between the site and the User’s Internet browser is secured by SSL certificate, while the security of payment is provided by the payment institution in accordance with its protocols and certificates.

By posting comments, messages or other information on the Website, Customer/User gives Shika the right to use such comments, messages or information for the purpose of promotion, advertising, market research, or any other permitted purpose. Read more information in the Shika Craft Business Confidentiality Statement at pročitaj na ovoj poveznici.

Availability of products and distance selling services

Shika reserves the right to withdraw any product from sale at any time. In such cases, Shika turns back to the Customer of undelivered but paid product, i.e. paid services, the full amount of money for those products that are no longer on offer, or for those services that were paid but not performed, regardless of the reason for withdrawing the product from sale, or non-performing the service. Also, Shika reserves the right to change, suspend or discontinue the provision of distance selling services in a timely manner.

The Customer/User is responsible for the accuracy and completeness of the data entered during the purchase.

Order

Products are ordered electronically. By pressing the “Add” button, the selected product is added to the shopping cart. Products are considered ordered when the Customer goes through the entire billing process. Then, the Customer will receive an order confirmation via email stating that the order has been properly received.

Shika will try to deliver all the products ordered by the Customer, but reserves the right to refuse the order in cases of force majeure or in cases where the fulfillment of the contractual obligation is significantly aggravated. If Shika refuses the order, the Customer will be notified within 4 working days after confirmation of receiving the order.

Payment

Payment is made exclusively via the Internet, through the “Paypal” service and the “CorvusPay” service.

“Paypal” as a credit card payment service provider allows payment via the following credit cards: Visa, Mastercard, American Express and Discover, or Diners Club International.

“CorvusPay” as a credit card payment service provider allows payment via the following credit cards: Visa, Mastercard, American Express and Discover, or Diners Club International.

Information on the terms of using the “PayPal” service can be found at https://www.paypal.com.

Information on the terms of using the “CorvusPay” service can be found at

Shika does not guarantee that “Paypal” and “CorvusPay” will accept each of the above credit cards, or that they will not change the method of payment.

Security of Online Payments

While conducting payments on our web shop you are using CorvusPay – an advanced system for secure acceptance of credit cards on the Internet.

CorvusPay system ensures complete privacy of your credit card data and personal data from the moment you type them into the CorvusPay payment form. Data required for billing is forwarded encrypted from your web browser to the bank that issued your payment card. Our store never comes into contact with your sensitive payment card data. Similarly, CorvusPay operators cannot access your complete cardholder data. An isolated system core independently transmits and manages sensitive data while at the same time keeping it completely safe.

The form for entering payment data is secured by an SSL transmission cipher of the greatest reliability. All stored data is additionally protected by hi-grade encryption, using hardware devices certified by FIPS 140 2 Level 3 standard. CorvusPay fulfills all of the requirements for safe online payment prescribed by the leading credit card brands, operating in compliance to the PCI DSS Level 1 standard – the highest security standard of the payment card industry. Payments made by cards enroled with the 3-D Secure program are further authenticated by the issuing bank, confirming your identity through the use of a token or a password.

All information collected by Corvus Pay is considered a secret and treated accordingly. The information is used exclusively for the purposes for which they were intended. Your sensitive data is fully secure and it’s privacy is guaranteed by the state of the art safeguard mechanisms. We collect only the data necessary for performing the work in accordance with the demanding prescribed procedures for on-line payment.

Security controls and operating procedures applied within the CorvusPay infrastructure. Not only ensure current reliability of CorvusPay but permanently maintain and enhance the security levels of protecting your credit card information by maintaining strict access controls, regular security and in-depth system checks for preventing network vulnerabilities.

Thank you for using CorvusPay!

Price

All prices are expressed in the Croatian national currency, the Croatian kuna (HRK) with the approximate equivalent in euros (EUR) and do not include VAT, pursuant to Article 90, paragraph 2 of Croatian VAT Act. The equivalent in euros (EUR) is calculated according to the current central exchange rate of the CROATIAN NATIONAL BANK and that is for information purposes only. The exact amount in euros (EUR) depends on the current exchange rate of the Customer’s bank at the time of payment, as well as on conversion in accordance with the following section “Conversion Statement”. Products are delivered at prices valid on the day of ordering and published on the website. Prices, payment terms and special offers are valid only at the time of payment and are subject to change without notice.

In the event that the price of the product changes during order processing, or the price on the website for any other reason does not match the actual price of the product or service, Shika will allow the Customer to cancel the purchase or confirm a new, changed price.

Shipping costs will be indicated separately and added to the total price of the ordered products. Shipping costs will be calculated based on the weight of the products ordered, the shipment volume and the delivery address.

Conversion statement

All payments will be made in HRK.

The amount for which the Customer’s credit card will be charged, which is linked to “Paypal” and “CorvusPay”, is obtained by converting the price in euros or dollars into Croatian kuna according to the current exchange rate of the Croatian National Bank.

When debiting the Customer’s credit card, the same amount is converted into local currency according to the exchange rate of Croatian National Bank. As a result of this conversion, there is a possibility of a small difference from the original price listed on the Shika website.

The right to unilateral termination of the contract

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The right to unilateral termination of the contract

In accordance with the Croatian Consumer Protection Act (Narodne Novine No. 41/2014, 110/2015), Customer who made his purchase remotely, i.e. via the Internet or telephone, has the legal right to unilaterally terminate the contract within 14 days, without giving a reason.

In order for the Customer to be entitled to unilaterally terminate this Agreement, she/he must notify craft business Shika of her/his decision to unilaterally terminate the Agreement before the deadline, by an unequivocal statement expressing his will to terminate the Agreement sent by post, fax or e-mail. name and surname, address, telephone number, fax number or e-mail address or via the form for unilateral termination of the contract.

The deadline for unilateral termination is 14 days from the day when the products, that are the subject of the contract, handed over to the Customer or a third party designated by the Customer, who is not a carrier.

In case of unilateral termination of the contract, Shika undertakes to refund the Customer, including delivery costs, without delay, and no later than 14 days from the date of receiving the refund, unless the Customer chooses another type of delivery that is not the cheapest standard delivery, offered by Shika Craft.

The refund will be made in the same way as the Customer made the payment.

The Customer must return the unwanted products to Shika without unnecessarily delay, and in any case no later than 14 days from the day when the decision to unilaterally terminate the contract was sent.

If the Customer wants to return products, he bears the direct costs of returning it. The Customer is responsible for any impairment of the product he wants to return, including the possibility of wearing or washing clothes and products.

The Customer is not entitled to unilateral termination of the contract from this section if:

the service contract is fully fulfilled by the trader, and the fulfillment began with the explicit prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully fulfilled
the subject of the contract for products or services whose price depends on changes in the financial market that are beyond the influence of the trader, and which may occur during the consumer’s right to unilateral termination of the contract
the subject of the contract is products made to the consumer’s specification or clearly adapted to the consumer
the subject of the contract is perishable products or products which are rapidly expiring
the subject of the contract is sealed products which, due to health or hygiene reasons, are not suitable for return, if they were unsealed after delivery
the subject of the contract is products which, due to their nature, are inseparably mixed with other things after delivery
subject of the contract delivery of alcoholic beverages whose price was agreed at the time of concluding the contract, and delivery may follow only after 30 days, if the price is dependent on changes in the market that are beyond the influence of the trader
the consumer specifically requests a visit from the trader to perform urgent repairs or maintenance work, provided that during such a visit, in addition to those services explicitly requested by the consumer, the trader provides other services, or delivers other products than necessary to carry out emergency repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in relation to these additional services or products
subject of the contract is delivery of sealed audio or video recordings, or computer programs, which are unsealed after delivery
subject of the contract is delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications
contract concluded at a public auction
the subject of the contract is provision of non-residential accommodation, the provision of transport services, car rental services, food and beverage delivery services or leisure services, if it is agreed that the service will be provided on a certain date or in a certain period
The subject of the contract is delivery of digital content that is not delivered on physical media if the fulfillment of the contract began with the explicit prior consent of the consumer and his confirmation that he is aware of the fact that he will lose the right to unilateral termination.

The Customer is responsible for any impairment of the products resulting from the handling of them, except that which was necessary to determine the nature, characteristics and functionality of the products.

The Customer agrees to return the unused products in their original condition and, if possible, in the accompanying packaging.

Small craft business Shika is responsible for material defects of the purchased products, in accordance with the law. Shika is liable for material defects of the products at the time of transfer to the Customer, regardless of whether he was aware of it. Shika is also liable for those material defects that occur after the transfer to the Buyer if they are the result of a cause that existed before that. It is presumed that the defect which occurred within six months after the transfer of risk existed at the time of the transfer of risk, unless Shika trades prove otherwise or the contrary arises from the nature of the thing or the nature of the defect. If Shika determines the existence of a material defect, the Customer exercises the right to require Shika to remove the defect, replace it with a new thing without defect, reduce the price or terminate the contract, all in accordance with the Civil Obligations Act.

Rules of delivery and gathering of products

Delivery and gathering of products is done according to the purchase order and the products will be delivered to the delivery address of the customer specified when creating the order. The Customer agrees with the following remarks:

The Customer accepts responsibility for the accuracy of contact information and delivery address;

The Customer agrees to hand over to the delivery service all the products for which he wants a refund and which he has stated as incorrect.

The Customer will try to return the products in their original packaging, unopened and unused. In the case that the original packaging is removed so it cannot be returned to its original condition, solely for the purpose of checking the functionality and characteristics of the product, Shika Crafts will take this into account when returning in such a way that the removal of the original packaging for the stated purposes will not be considered as impairment of the products for which the Customer is responsible. Međutim, Kupac odgovara za svako drugo umanjenje vrijednosti robe koje je rezultat rukovanja robom, što uključuje i pranje robe, osim spomenutog koje je bilo potrebno za utvrđivanje prirode, obilježja i funkcionalnosti robe.

Resolving disputes related to online shopping

Regulation 524/2013 about online consumer dispute resolution, disputes related to online shopping can be resolved through the ODR platform, which can be accessed ovdje.(link to the ODR platform)

Shika invites Customers to always contact us first so that we can help solve any problems as soon as possible.

These Terms and Conditions of Shika Craft at the time of concluding the Distance Contract are valid from the date of publication on the website, 16.03.2022.