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Terms and Conditions Applicable to the Sale of Goods on Internet and Complaints Procedure

I. Initial Provisions

1. These Terms and Conditions Applicable to the Sale of Goods on Internet (hereinafter the “Sales Terms and Conditions”) of the company NORD E-COM B.V., Boven de Wolfskuil 3 A 24, 6049LX Herten, Netherland, RSIN: 860.938.293, e-mail address info@nordblanc.hr (hereinafter the “Seller”) regulate the mutual rights and obligations of the Seller as the entrepreneur, and of the Buyer, established on the basis of the purchase contract (hereinafter the “Purchase Contract”), entered into via the e-shop www.nordblanc.hr, (hereinafter the “E-shop”) operated by the Seller.

2. The Buyer may be a consumer or an entrepreneur. A consumer shall mean any person who enters into a contract with the Seller or otherwise deals with the Seller outside the scope of his/her business activities and/or outside the scope of the independent practice of his/her profession. An entrepreneur shall mean anybody who independently and on his/her own account and responsibility carries out any activity producing income as a tradesman or in a similar manner, having the intention to do so continuously in order to achieve profit. For the purposes of consumer protection, an entrepreneur shall also mean any person who enters into contracts associated with his/her own business, manufacturing and/or similar activities or within the scope of independent practice of his/her profession, and/or a person who acts in the name of or on account of the entrepreneur.

3. The Sales Terms and Conditions constitute an integral part of the Purchase Contract.

II. Purchase Order, Purchase Contract Conclusion

1. The Buyer may order the Seller`s Goods via the E-shop where the Goods are presented to the Buyer, including the information on the Goods, description of the main features of the Goods and their purchase price and associated fees (including the costs of transportation of the Goods, payment for the Goods and packing expenses). In association with the presentation of the Goods, the Buyer takes into account that the colour shades of the Goods presented via the E-shop may be slightly misrepresented as compared with the actual colour shade of the Goods (the reason therefore may be the quality of the picture and/or the settings of the Buyer`s monitor).

2. The presentation of the Goods located in the E-shop is deemed to be the proposal to conclude the Purchase Contract (the proposal). By sending the Purchase Order, the Buyer accepts such a proposal. The Purchase Contract for the Goods is considered to be concluded at the time of delivery of the Purchase Order to the Seller. Conclusion of the Purchase Contract is subsequently confirmed with an automatically sent message to the Buyer`s e-mail address, and the content of this message is the up-to-date version of the Seller`s Terms and Conditions.

3. Before placing the Purchase Order in the E-shop, the Buyer will, at his/her own discretion, either register, or will proceed (place the Purchase Order) without registration, and in both cases, the Buyer shall follow the instructions as indicated in the E-shop and shall fill in the required data or as the Buyer – consumer, or as the Buyer – entrepreneur, and all the entered data have to be correct and true. The obligatory data to be filled in are indicated in bold and unless they are filled in, the Purchase Contract may not be concluded and/or the registration may not be accomplished.

Upon registration, a user account will be established to the Buyer that will be secured with the username and password which the Buyer is obligated to keep confidential and not to disclose them to any third parties. The Seller is entitled to cancel the user account even without giving a reason therefore and without notifying the Buyer of this fact; this will occur in particular when the user account has not been used for a long term, or has been abused, or when the Buyer requires the Seller to do so.

After the user account has been established and until it is cancelled, the access via the user account may be used for the next Purchase Orders placed by the Buyer via the E-shop which speeds up the filling in of the selected data to the Purchase Order.

4. The Purchase Price shall mean the price in EUR as indicated for the individual Goods items in the E-shop which shall mean the Purchase Price of the Goods, including all taxes and fees (the associated fees, and/or the costs of transportation of the Goods, costs of the cash-on- delivery shipping method and the packing expenses are disclosed to the Buyer in these Sales Terms and Conditions no later than before the sending of the Purchase Order to the Seller). When new prices of the Goods in the E-shop are displayed, the previous prices of the Goods shall become automatically invalid, with the exception of the Goods ordered by the Buyer while the original price was still valid.

5. To order the Goods from the E-shop, the Buyer shall create a Purchase Order for the Goods which contains in particular the designation of the particular Goods and the quantity of such Goods (the Buyer “adds such Goods to the cart”), the Purchase Price and the associated fees, method of payment of the Purchase Price and of the associated fees (for the method of payment, see the Terms of Payment hereinafter). Before sending the Purchase Order to the Seller, the Buyer always has the possibility to check and/or to change the data entered by the Buyer in the Purchase Order which enables the Buyer to find out and correct any mistakes made while entering the data in the Purchase Order. After checking the data entered in the Purchase Order for the Goods and if the Buyer agrees with the content of the Purchase Order, the Buyer shall send the Purchase Order to the Seller by clicking the button “Send the Purchase Order”. The Seller shall immediately confirm to the Buyer the receipt of the Purchase Order and/or the conclusion of the Purchase Contract for the Goods as specified in the Purchase Order by electronic mail to the e-mail address as entered by the Buyer when placing the Purchase Order; the content of this confirming e-mail is, among others, the summary of the Buyer`s Purchase Order and the up-to-date version of the Sales Terms and Conditions.

6. By placing the Purchase Order via the E-shop, the Buyer confirms to have studied these Sales Terms and Conditions and to agree on them in the version effective as at the date of the placing of the Buyer`s Purchase Order. The Buyer is explicitly notified of such Sales Terms and Conditions before placing his/her Purchase order, and has therefore the opportunity to get acquainted with them and/or not to place the Purchase Order.

7. Each Purchase Order shall be registered under a special registration number and shall be administered under such number until it is completely settled. The Buyer is entitled to ask the Seller for information about the up-to-date status of the Purchase Order, and the Seller undertakes to give such information to the Buyer.

8. If an individual purchase contract is concluded with the Buyer, than it takes precedence over these Sales Terms and Conditions in those parts where such an individual purchase contract is in contradiction with these Sales Terms and Conditions.

9. The Goods delivered to the Buyer shall remain the property of the Seller until the Purchase Price for such Goods is settled in full.

10. The risk of damage to a thing shall pass to the Buyer at the moment the Goods are accepted by the Buyer.

11. The Seller reserves the right to withdraw from the Purchase Contract due to a substantial change in the circumstances, or due to another good reason, for example if the stock of the Goods from the Purchase Order has already been exhausted, if there was a substantial change in the Purchase Price of the ordered Goods, or if the Price of the Goods was incorrectly presented in the E-shop or if the delivery of the Goods would occur at a later date than as notified by the Seller.

III. Rights and Obligations Resulting from Faulty Performance (Complaints Procedure)

1. This Article shall only be applied to the rights and obligations of the Parties resulting from the Purchase Contract concluded by the entrepreneur with the Buyer who is a consumer; in particular, this Article regulates the rights resulting from faulty performance.

Quality at receipt

2. The Seller is responsible towards the Buyer for the Goods being free of defects at the receipt. In particular: the Seller guarantees for the Buyer that at the time the latter receives the Goods the same has agreed properties, and in case such an agreement is missing, the Goods has such properties as described by the Seller or by the manufacturer, or that the Buyer expected with regards to the nature of the Goods, based on the advertisement by the Seller and the manufacturer, making sure the Goods is suitable for the purpose stated by the Seller, or for usual purpose of the Goods of the kind, that the quality or execution of the Goods equals the agreed sample or pattern where the quality or execution was determined by agreed sample or pattern, that the Goods is delivered in relevant quantity, volume or weight, and that the Goods meets all applicable laws.

3. In case defect is manifested within six months from the receipt, the Goods will be deemed defective at the very reception.

4. Should the Goods not have the properties mentioned above, the Buyer will have the right to claim due and timely elimination of the defect for free, by replacement of the object or its part (where the defect affects only a part), provided this is not inadequate or disproportional remedy with regards to the nature of the defect (e.g. the defect can be eliminated without undue delay), otherwise by repair of the object or its part; where this is not possible, the Buyer will be entitled to receive proportional discount from the purchase price, or to terminate the purchase contract. The Buyer shall have right to claim new piece or replacement of its part also in the case of eliminable defect, provided the Buyer is not able to use the object properly as a result of repeated occurrence of the defect after repair, or of a higher number of defects; in such case the Buyer will be entitled to terminate the purchase contract.

5. The Byer shall have no right related to defective performance, where the Buyer knew before the Goods receipt that the same had had a defect, or in case the Buyer itself caused the defect.

6. In case the piece has a defect that forms part of the Seller’s obligations, and the Goods is sold for a lower price, or is used, the Buyer will be entitled to claim an adequate discount instead of replacement.

Material and immaterial breach of the purchase contract

7. The Buyer will be entitled to claim the right related to defective performance for defect that represents a material or immaterial breach of the purchase contract, manifested on the Goods within 24 months from the receipt by the Buyer (in case of used Goods the time is reduced by half).

8. Material breach of the purchase contract is such a breach, of which the breaching party knew at the execution of the purchase contract, or had to know that in case the other party had known about the breach, it wouldn’t have executed the purchase contract.

9. Where the defective performance is a material breach of the purchase contract, the Buyer is entitled to claim elimination of the defect by delivery of new Goods free of defects, or delivery of missing Goods, elimination by repair of the Goods, adequate discount from the purchase price, or termination of the purchase contract.

10. The Buyer shall notify the Seller of its preferred claim together with the notification of the defect, or without undue delay after the defect is notified. The chosen option shall not be changed by the Buyer without the Seller's consent; this shall not apply in case the Buyer claimed repair of a defect that proves to be irreparable. In case the Seller does not eliminate the defects within reasonable period of time, or notifies the Buyer of impossibility to eliminate the defect, the Buyer will be entitled to claim adequate discount from the purchase price instead of the defect elimination, or can terminate the purchase contract. In case the Buyer does not choose preferred claim in time, it shall retain the rights related to immaterial breach of purchase contract.

11. In case of immaterial breach of the purchase contract the Buyer is entitled to elimination of the defect, or adequate discount from the purchase price. Until the Buyer claims its right to receive discount from the purchase price, or terminates the purchase contract, the Seller may deliver the missing parts, or eliminate legal defect. Other defects can be remedied by the Seller at its discretion, by repair or delivery of a new piece.

12. At the delivery of new Goods the Buyer shall return to the Seller at the latter’s expense the originally delivered Goods, in a manner agreed with the Seller.

13. The Seller is not responsible for defects of goods sold for reduced price, where the reduced price was due to the defect; neither it is responsible for defect corresponding to usual wear and tear of the Goods; with used Goods the Seller is not responsible for a defect corresponding to the level of usage or wear; the Seller is not responsible for defect of the Goods existing at the receipt by the Buyer, or related to the nature of the Goods. The Seller is not responsible for defect of the Goods due to failure to follow instructions in maintenance manual, namely where such failure results in damage of the Goods, e.g. (clothes) by washing under incorrect temperature, washing together with pieces of different colours, or washing in a machine of the Goods that can be washed only by hand, as well as chemical cleaning or ironing of the Goods that cannot be treated this way etc.

14. Where the Buyer does notify the Seller of a defect in time, the former shall lose the right to terminate the purchase contract.

15. Where the Buyer does notify of a defect without undue delay after it could discover the defect during inspection and adequate care, court of law will not confirm right related to defective performance. In case of a hidden defect the same shall apply, provided the defect was not notified without undue delay after the Buyer could discover the defect with adequate care, within two years after delivery of the Goods at the latest.

Treatment of complaint

16. The right related to defective performance shall be claimed by the Buyer at the Seller’s address: EXPANDECO – NORDBLANC, Božidara Adžije 23/2, 10000 Zagreb, HR, or (best way) via email, using the address: info@nordblanc.hr.

17. The period of complaint treatment starts at the moment when the Seller receives the claimed goods.

18. To allow proper treatment of the complaint by the Seller, the Buyer is obliged to prove it bought the Goods from the Seller, and its right to claim defect has not expired (usually by means of receipt/bill), and the Buyer shall hand over the Goods to the Seller for evaluation of the defect, for which the Seller is to bear responsibility, and inform the Seller of contact data, identified defect and preferred method of complaint treatment. The Goods handed over by the Buyer to the Seller for evaluation as part of complaint procedure should be clean (washed), and protected against damage in transport, where sent by mail, in order to prevent possible damages.

19. In case the Buyer claims its right related to defective performance, the Seller shall confirm in writing when the right was claimed, what is the subject of the complaint, and preferred settlement, including confirmation of completed repair and time of repair, or possibly written justification of refusal of the complaint.

20. The Seller undertakes to inform the Buyer about finished complaint treatment procedure by email or phone, using the data provided by the Buyer in the complaint, or email/phone entered in the order.

21. The Seller shall decide on the complaint immediately, in more complex cases within three business days from reception of the complaint and claimed Goods. This period shall not include the time necessary for expert evaluation according to the type of goods. The complaint, including elimination of defect, shall be settled without undue delay, within 30 days from the date of the claim at the latest, unless the Seller and the Buyer agree a longer period of time; where the period of time expires in vain, This shall be deemed material breach of the purchase contract.

22. In the case of a justified complaint the Buyer shall be entitled for compensation of purposefully incurred costs of application of the Buyer´s rights following from product liability.

IV. Buyer´s Right for Withdrawal from Goods Purchase Contract

1. In the case of a goods purchase contract concluded through remote communication (Internet shop) the Buyer as the consumer is entitled to withdraw from the goods purchase contract in 30d days from the goods takeover and in the case of the goods acceptance between 15 November and 15 December in 60 calendar days. In the case of more deliveries based on a single goods purchase contract this deadline shall be calculated from the date of the last delivered goods takeover. The withdrawal notice must be delivered to the Seller within the deadline pursuant to the previous sentence. The withdrawal may be communicated through the template withdrawal notice available in the Internet Shop application. The Seller hereby notes and the Buyer agrees that in the case of application of the right to withdrawal no goods loan free of charge is involved and the deadline is only provided for the consumer to get properly acquainted with the goods (as at a sales point).

2. The withdrawal notice can be sent by the Buyer to the Seller´s address at EXPANDECO – NORDBLANC, Božidara Adžije 23/2, 10000 Zagreb, HR, or to the email address of the Seller. The Buyer is recommended to note to the Seller with the withdrawal notice the respective order number, date of the goods acceptance and the account number of the Buyer, including the bank details, for the refund (if the paid amount is requested to be returned to the bank account of the Buyer).

3. In the case of the Buyer´s withdrawal from the goods purchase contract the contract cancelling shall apply since the date of the contract conclusion. The Buyer shall be liable to deliver or bring the goods to the Seller´s address EXPANDECO – NORDBLANC, Božidara Adžije 23/2, 10000 Zagreb, HR, complete with all documentation, unworn, undamaged, clean and in the original package, if possible, in the condition and value in which the goods were taken over by the Buyer, in 14 days from the goods purchase contract withdrawal. The Seller hereby notes to the Buyer that if the Buyer applies its rights to contract withdrawal as described above the Buyer shall solely bear the costs incurred in connection with the goods return to the Seller, including if the goods for the reason of their nature cannot be returned by ordinary postal delivery. The buyer agrees to secure the returned goods properly to protect them from damage during back transport. Goods returned by the Buyer in application of its right to withdrawal in the cash-on-delivery manner shall not be accepted by the Seller.

4. The Seller shall refund the price of the returned goods received from the Buyer on the basis of the respective goods purchase contract in 14 days from the withdrawal date in the same manner as the goods were received by the Buyer, unless agreed otherwise. However, the Seller shall not be liable to refund the goods price before handover of the returned goods by the Buyer or submission of a document confirming that the goods were posted to the Seller.

5. The Buyer – consumer – cannot withdraw, inter alia, from a goods purchase contract concerning goods individually adapted on request of the Buyer or for him, goods subject to quick decay as well as goods irreversibly mixed with other goods on receipt, or goods taken away from its original package which cannot be returned for hygienic reasons.

6. If the returned goods are incomplete or damaged the Seller is entitled t reduce the refund by the amount corresponding to the damage (the Seller shall offset its claim against the refunded purchase price and the buyer shall then only be entitled for the reduced refund); the Buyer hereby agrees with this unilateral offset.

7. The Buyer hereby agrees that if the Seller delivers a gift or gifts together with the goods and the Buyer applies its right to withdrawal from the goods purchase contract then the condition precedent causing that he Buyer shall be liable to return the goods together with the gifts received with it shall be fulfilled.

V. Goods Delivery and Payment Terms

1. The purchase price and the related fees payable on the goods delivery may be paid by the Buyer by means of:

a. Cash-on-delivery method on the goods delivery to the Buyer causing maturity of the purchase price of the goods and the related fees. The Seller shall not require any advance payment, unless otherwise agreed.

b. Wire transfer via the payment gate Adyen and PayPal, a.s. (hereinafter “Payment Gate”) to be found in the Internet Shop application.

3. The Seller shall deliver the goods by a haulier chosen by the Seller, unless agreed otherwise, to the address entered by the Buyer in the goods order. The Seller does not permit personal collection of the goods or their delivery to another address.

4. Price of transport within the Slovenia:

Further rights and liabilities of the parties in connection with the goods transport may be specified in the special delivery terms of the Seller, if any. The price of transport and other related information can be found on: https://www.nordblanc.hr/hr/page/ placanje-i-prijevoz

6. The Seller is entitled to charge for packaging costs.

7. Before the goods order placement with the Seller the Seller shall inform the Buyer about the transport and package price (related fees) to be confirmed by the Buyer before the order placement.

8. Unless the package type is agreed the Seller shall pack the goods in the usual manner, or in the manner needed for the goods protection and preservation during transport and storage.

9. The Buyer shall be liable to take the goods over from the haulier. In the case of handover of an incomplete or visibly damaged delivery the Buyer shall be entitled to refuse the goods takeover. If the Buyer refuses the goods takeover pursuant to the previous sentence or takes the goods over despite their visible damage then the Buyer hereby agrees to sign, together with the haulier, a goods damage protocol with specification of all complained off defects (drawbacks) and deliver the same to the Seller without undue delay.

10. Takeover of unsolicited supply by the Buyer shall not mean the offer acceptance.

11. The Buyer shall be liable to pay the purchase price of the goods and the related fees by the selected payment method either before the goods delivery (card payment, wire transfer) or on he goods delivery at the latest (cash-on-delivery) before being able to see the goods, for the agreed transport method excludes the possibility of prior visual inspection.

VI. Confidential Information and Personal Data Protection

1. Personal data provided by the Buyer to the Seller for the purpose of the order settlement, the purchase contract implementation or the user account management shall be collected, processed and stored in compliance with the applicable privacy protection legislation. The Seller hereby agrees not to disclose these personal data other than in compliance with the law to any third party except for the external haulier delivering the goods to whom the personal data shall be disclosed in the minimum necessary scope on the need-to-know basis for the purpose of the goods delivery. The Buyer hereby grants its consent to the Seller with its personal data collection and processing (in the electronic format by automated means or in the printed format by non-automated means), in respect to the data disclosed to the Seller in the goods order, and their storage in the Seller´s database for the purpose of implementation of the subject of the executed purchase contract until the Buyer´s written expression of disproval with the personal data processing. By placing the order the Buyer confirms voluntary provision of its personal data to the Seller. The Buyer shall be entitled to access its processed personal data, correct them and exercise other regulatory rights to its data (the right to explanation and remedy of defective condition) including resorting to the Personal Data Protection Office.

2. By placing the order the Buyer agrees with being delivered business and promotional information of the Seller to the email address of the Buyer, unless this consent is withheld already in the order, which the Buyer may also do any time late.

3. The goods purchase contract shall be archived in the electronic data repository of the Seller for the purpose of its recording and implementation and shall only be accessible to the Seller and not to the Buyer.

VII. Business Information and Cookies

1. The Buyer hereby agrees with being sent information related to the goods, services or business of the Seller to the electronic address of the Buyer, including promotional information of the Seller.

2. The Buyer hereby agrees with cookies placement in its computer. If the purchases on the web site may be effected and the Seller´s liabilities from the goods purchase contract may be fulfilled without cookies placement in the Buyer´s computer then the Buyer may withdraw the consent pursuant to the previous sentence any time.

VIII.

1. If the law of the home country of the Buyer provides consumers more rights than these Sales Terms and Conditions and if these rights cannot be deviated from by agreement between the parties then the law of the Buyer´s country shall apply. If the law of the home country of the Buyer specifies a competent state administrative authority for the purpose of out-of-court settlement of consumer disputes following form the goods purchase contracts then this authority shall always be competent to resolve consumer disputes following from the goods purchase contracts out of courts of justice.

2. The relations between the Seller and the Buyer – entrepreneur – are governed by the Czech law, and the jurisdiction of the Czech courts is agreed for any and all disputes resulting from the Purchase Contract.

3. The Buyer agrees with use of remote means of communication for the purpose of the goods purchase contract execution. The costs of use of these remote communication means shall be borne by the Buyer itself (costs of Internet connection etc.) and these costs shall not be different from the basic rate.

4. A goods purchase contract withdrawal template is attached hereto as annex.

Goods Purchase Contract Withdrawal Form - PDF.pdf

7 These Sales Terms and Conditions shall be effective from 6.12.2022. The Seller hereby reserves the right to amend these Sales Terms and Conditions without prior notice. Such amendment shall not affect the rights and liabilities constituted in the course of the period of validity of the previous wording of these Sales Terms and Conditions.