Privacy policy

The text below sets out the general terms and conditions governing the use of this website and the purchase of products on the website (hereinafter referred to as "Terms"). These general conditions also constitute the terms of the contract between the Seller/shop and each individual consumer who orders goods through this website. We encourage you to read the Terms carefully before using this website. By using this website or ordering from it, you agree to be bound by these terms. If you do not agree with the Terms, please do not use this website. These Terms are subject to change. They should be read from time to time as the Terms in effect at the time you use the Website or enter into the relevant Agreement (as defined below) will apply.

1. INFORMATION ABOUT YOU AND YOUR VISIT

When you use this website, you agree to the processing of data and information and declare that all data and information you provide is true and correct.

2. USE OF OUR WEBSITE

When you use this site and order products on it, you agree to the following: You will only use this site for valid inquiries and orders as required by law; You will not create false or misleading orders. If we reasonably judge that such an order has been placed, we will have the right to cancel it and notify the relevant authorities; The e-mail address, postal address and/or other contact information you provide is true and correct. You also agree that we may use this information to contact you regarding your order if necessary. If you do not provide us with all the necessary information, you will not be able to place an order. By placing an order on this website, you represent that you are 18 years of age or older and have the necessary legal and business capacity to enter into binding contracts.

3. AVAILABILITY OF THE SERVICE

The delivery service of the products offered on this website is only available in Croatia.

4. FORMALIZATION OF THE CONTRACT

The information provided in the Terms and the information on this website do not constitute an offer, but an invitation to make an offer. There is no contract for the sale of any product between us and you until we expressly accept your order. To place an order, you must first add the desired products to the cart. To add a product to the cart, on the desired product page, select the color and size of the product, then click the "Add to Cart" button (or another similar name with the same meaning). When you have added all the desired products to the cart, clicking "Continue shopping" (or another similar name with the same meaning) will take you to the final page for making an order. On the final page there is a form that you must fill in with your information. If you fill in all the required fields correctly, by clicking "Finish shopping" (or another similar name with the same meaning) your order is created. After you have placed your order, our team will contact you as soon as possible to verify the information from your order. If the information is valid, your order is accepted ("Order Confirmation"). These Terms constitute our mutual agreement in writing. Along with the Order Confirmation, we will also enclose an electronic invoice with information about your order ("electronic invoice"). The contract for the purchase of the product will only be created when we send you the Order Confirmation. The Product Purchase Agreement, along with your order and Order Confirmation, also contains these Terms. The contract applies exclusively to products whose delivery we have confirmed in the Delivery Confirmation. We are under no obligation to deliver any other product that may be part of your order until we have confirmed delivery of such product in a separate Order Confirmation. Order confirmation will be sent to your e-mail address. These Terms are available to you on the Website.

5. TECHNICAL MEANS FOR THE CORRECTION OF ERRORS

In the event that you notice an error when entering your personal data as a user of this website after placing an order, you can correct it by contacting our customer support at the e-mail address: astordizastor@gmail.com, as well as by exercising the right to correction provided for our Privacy Policy. During the purchase process, the website displays checkboxes in various sections that will not allow further processing of the order if the information in a particular section is not correctly specified. Also, the website provides detailed information about all the products you have added to your cart during shopping so that you can change your order information before checkout. If you notice an error in your order after completing the payment process, please contact our customer support immediately at the above email address so that we can correct the error. After confirmation of the order, it is carried out and we are not responsible for your mistakes in the order. However, we advise you to notify/contact us immediately and without delay as soon as you notice any errors in your order, as we may be able to correct them.

6. PRODUCT AVAILABILITY

All product orders are subject to availability. In this regard, if there are difficulties in obtaining the product or if there are no more items in stock, we reserve the right to provide you with information about substitute products of equal or better quality and value than the product you ordered. If you do not wish to order replacement products, we will reimburse you for the amount you may have paid.

7. REFUSAL OF ORDER PROCESSING

We reserve the right to remove products from this website at any time, and to remove or modify any material or content from the website. Although we will always make every effort to process all orders, there may be extraordinary circumstances that force us to refuse to process an order after sending the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or any third party for the removal of products from this website or for the removal or alteration of material or content from the website, or for the inability to process an order after an Order Confirmation has been sent.

8. DELIVERY

Subject to Clause 7 above relating to product availability, except in exceptional circumstances, we will endeavor to dispatch the order containing the product(s) set out in each Delivery Confirmation before the date specified on the Website or within a maximum of 30 days from the date Order confirmations. However, delays may occur for reasons such as unforeseen circumstances or delivery area. If for any reason we cannot meet the delivery date, we will inform you of this and give you the option to continue shopping, set a new delivery date or cancel the order with possibly a full refund. Please note that we do not deliver to home addresses on Saturdays, Sundays or holidays. For the purposes of these provisions, "delivery" is deemed to have been made or an order "delivered" when you or a third party you specify physically collect the goods, which will be confirmed by the signature of the order invoice or other confirmation at the delivery address you specified.

9. IMPOSSIBILITY OF DELIVERY

If you were not at the address when attempting to deliver your order, we will leave you a message with information on where your order is and what you need to do to re-deliver it. If you are unable to be at the delivery location at the agreed time, please contact us to arrange another day delivery. If an order has not been delivered after 30 days from the date it was ready for delivery for reasons beyond our control, we will assume that you wish to cancel the contract. After the termination of the contract, we will return all payments that we may have received from you, except for the delivery costs specified on the invoice, without undue delay, and in any case within 14 days from the date of termination of the contract.

10. TRANSFER OF RISK AND PRODUCT OWNERSHIP

You are responsible for the Products from the time of delivery as set out in Clause 9 above. You take ownership of the Products when we receive payment in full, including delivery charges, or on delivery (as defined in Clause 10 above) if delivery is made at a later date. When you exercise your right to withdraw from the purchase under Article 14, you are responsible for the products until the time the products are delivered: A) to us, in the case where you arrange the courier services, or B) to the courier, in the case where we arrange the courier services.

11. PRICE AND PAYMENT

The price of the product will be the price listed on our website, except in the case of obvious error. Although we make every effort to ensure the accuracy of the prices displayed on the website, errors are possible If we notice an error in the price of any product you have ordered, we will notify you as soon as possible, explain the error, quote the correct price and provide you with an opportunity to confirm or order cancellation. If we are unable to get in touch with you, we will consider the order to have been canceled and we will fully refund any amount paid. You must notify us if you notice unrealistically low prices (even after we have sent you a Delivery Confirmation), if the price error is obvious and indisputable, and if it could reasonably be recognized as a mispricing. Prices may change at any time. However, except as noted above, the changes will not affect orders for which we have sent an Order Confirmation. When you have selected all the products you want to buy, the products will be added to your shopping cart. The next step will be order processing and payment. To do this, you must follow the steps of the purchase process and provide or confirm the information that will be asked of you at each step. During the purchase process, before payment, you can change your order information. A detailed description of the purchase process can be found in the "Ordering and Delivery" document.

12. EXCHANGE/RETURN RULES

12.1. Legal right to withdraw from purchase

Right to withdraw from the purchase If you enter into a contract as a consumer, you have the right to terminate the contract within 14 days without giving a reason. The withdrawal period expires 14 days from the day when you or a third party other than the courier named by you physically collect the goods or, in the case where multiple products from one order are delivered separately, 14 days from the day you or a third party who is not a courier, and which you specified, you physically pick up the last ordered product. In order to exercise your right to withdraw from the purchase, you need to send your irrevocable statement about the decision to withdraw from the contract to the e-mail address: astordizastor@gmail.com. You may also use, but are not required to use, the distance contract opt-out form provided at the footer of the website and which you received by e-mail when confirming your order. In order to comply with the withdrawal period, it is sufficient to send correspondence regarding your exercise of the right to withdraw before the expiry of the withdrawal period. Consequences of withdrawal If you decide to withdraw from the contract, we will refund all payments received, including delivery costs (except for additional costs incurred due to your choosing a delivery method other than the standard method we offer), without undue delay and in any case within 14 days of the date on which you informed us about withdrawing from the contract. The refund will be made through the same payment method that you used for the initial transaction. In any case, you will not bear the costs of such return. Notwithstanding the foregoing, we may withhold refunds until we have received the goods or proof of dispatch, whichever occurs first. You must send, deliver or hand over the goods to the agreed address without undue delay and in any case no later than 14 days from the day you informed us about withdrawing from the contract with us. The deadline will be met if you send us the goods before the 14-day deadline. You bear the direct costs of returning the goods yourself.

12.2. General provisions

You do not have the right to terminate the contract in case of delivery of any of the following products: ● Products manufactured according to specific consumer requirements or clearly personalized ● Closed products that are not suitable for return for hygienic reasons if they are opened after delivery. Your right to withdraw from the contract only applies to products that are returned in the same condition in which they were received. We do not issue refunds in case the product has been used after opening, when the products are not in the delivered condition or are damaged. Therefore, you must take care of the product(s) while they are in your possession. Return the products in their original packaging with all attached instructions and other documents. When you return the product(s) via a courier whose service we organize, you should contact us via the form on the website or at the e-mail address: podrska@brendly.hr in order to arrange the collection of the product from your home address. You should send the product in its original packaging. As set out in clause 13, please note that, after delivery of the order, if you exercise your legal right to cancel the purchase and arrange to return the product and we have not offered this service, we cannot assume the non-attributable risk associated with the returned package us. In any event, nothing in this clause affects your statutory rights. In addition, remember that you are responsible for the contents of the returned package. In the event of an error in the contents of the returned package that cannot be attributed to us, we have the right to charge you the appropriate costs if we succeed in returning the package. After reviewing the product, we will inform you whether you are entitled to a refund of the amounts paid. Delivery costs will be refunded when the right of cancellation is exercised within the legal period and when all relevant products are returned. The refund will be made as soon as possible, in any case within 14 days from the date on which you informed us of your intention to cancel the purchase (rescission of the contract). Notwithstanding the foregoing, we may withhold refunds until we have received the goods or proof of dispatch, whichever occurs first. Refunds will always be made using the same payment method you used when purchasing. If you have any questions, please contact us at: podrska@brendly.hr. 13.3. Return of damaged products If you believe that the delivered product does not correspond to the product specified in the contract, contact us immediately via our e-mail address podrska@brendly.hr to contact us and provide details about the product and the damage. You should hand over the product to the courier who will send it to your home address. We will carefully inspect the returned product and inform you of the finding by email within a reasonable time. If we determine that the product is defective within the first six months from the date of delivery, you have the right to decide whether you want to exchange the product or receive a refund. On the other hand, if the product malfunction occurs after six months from the date of delivery, we can decide whether the product can be replaced or whether you are entitled to a refund (depending on the situation). Product returns or exchanges will be made as soon as possible, in any event within 14 days of the date we send you an email confirming the return or exchange. If a defect or damage is confirmed on the returned products, we will make a full refund, including the shipping and return costs incurred by you. Refunds will always be made using the same payment method you used when purchasing. All rights recognized by applicable laws are guaranteed in any case.

13. RESPONSIBILITIES AND DISCLAIMER, CONSUMER LEGAL RIGHTS

Except as otherwise expressly stated in these Terms, our liability in relation to any product obtained from this website shall be limited solely to the purchase price of said product. Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases: 1. in the event of death or personal injury caused by our negligence; 2. in case of fraud or deceit; or 3. where it would be illegal or impermissible to exclude, limit or attempt to exclude or limit our liability. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital data, we do not guarantee the accuracy or security of data transmitted or received through the website, unless otherwise expressly stated on this website. All product descriptions, information and materials displayed on this website are provided "as is", without express or implied warranties, except those established by law. In this regard, if you are entering into a contract as a consumer or user, we undertake to supply products that comply with the Contract and are liable to you for any lack of conformity that exists at the time of delivery. A product is deemed to be in compliance with the Agreement if it meets the following conditions: (i) corresponds to the description we have provided and possesses the qualities we have provided on this website; (ii) is suitable for the purposes for which products of this type are normally used; (iii) possesses qualities and performance that are standard for products of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties, except for those warranties that we cannot legally exclude.

14. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, registered trademarks and other intellectual property rights in all materials or content on this website belong to us at all times or to those who license us to use them. You may use the said materials only to the extent expressly stated by us or the licensors. This does not prevent you from using this website to the extent necessary to copy your order data or contact information.

15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not use this website in an inappropriate manner by intentionally introducing viruses, trojans, computer worms, logic bombs or any other software or technologically harmful material. You must not attempt to gain unauthorized access to this website, the server on which the site is hosted or any server, computer or database connected to our website. You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this Clause is considered a violation as defined by applicable regulations. We will report any non-compliance with this regulation to the appropriate authorities and we will cooperate with them in establishing the identity of the attacker. Also, in the event of non-compliance with this Clause, we will immediately terminate your authorization to use this website. We will not be liable for any damages resulting from a service interruption attack, virus or other software or technologically harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from this website or those to which this website redirects you.

16. LINKS FROM OUR WEBSITE

If our website contains links to other third-party websites and materials, those links are provided for informational purposes only and we have no control over the content of those websites or materials. Accordingly, we do not accept responsibility for damages arising from their use.

17. WRITTEN COMMUNICATION

Applicable regulations require that some information and notices we send to you be in writing. By using this website, you agree that most communications between us are conducted electronically. We will contact you by email or provide you with information by posting notices on this website. For the purpose of contracting, you agree to the use of electronic means of communication and accept that all contracts, notices, information and other communications we send you electronically are in accordance with legal requirements relating to written form. This provision does not affect your statutory rights.

18. NOTICES

Subject to the provisions set out in Clause 17 above, unless otherwise specified, we may send you notices by email or to the postal address you provided to us when creating your order. As proof that the notice was sent, it will be sufficient to prove, in the case of a letter, that it was addressed correctly, that the appropriate postage fee was paid and that it was delivered to the post office or mailbox on time. In the case of e-mail, it will be sufficient to prove that the notice was sent to the e-mail address provided by the recipient.

19. TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both parties, as well as on their respective legal heirs, assigns and successors. You may not transfer, assign, grant or otherwise transfer the Agreement or any rights or obligations arising under the Agreement without our prior signed consent. We may transfer, assign, grant, subcontract or otherwise transfer the Agreement or any of the rights or obligations arising from the Agreement at any time during the term of the Agreement. For the avoidance of doubt, the said transfers, assignments, grants or other transfers shall not affect the rights you have as a consumer under applicable law, nor in any way cancel, reduce or limit the express and implied warranties that may be provided to you.

20. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure to perform or delay in performing any of our obligations under the Agreement if they are caused by events beyond our reasonable control ("Force Majeure"). Force majeure includes any act, event, failure to perform, omission or accident beyond our reasonable control, including but not limited to the following: ● Strike, lockout or other forms of protest. ● Civil unrest, rebellion, invasion, terrorist attacks or threats of terrorism, war (declared or undeclared) or threat of war or preparation for war. ● Fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters. ● Inability to use rail, ship, air or motor transport or other means of transport, public or private. ● Inability to use public or private telecommunication systems. ● Regulations, decrees, laws, regulations or restrictions of any government or authority. ● Strike, breakdown or accident in maritime or river transport, postal transport or other type of transport. It is understood that our obligations under the Contract are suspended during the period in which the Force Majeure is in force and we will be granted an extension of time in which we can fulfill those obligations for a period equal to the duration of the Force Majeure. We will provide all reasonable resources to bring the Force Majeure situation to an end or to find a solution that allows us to fulfill our obligations under the Agreement despite the Force Majeure situation.

21. WAIVER RIGHTS

The failure of us to demand your strict compliance with any of the obligations assumed under this Agreement or these Terms, or the failure of us to enforce our rights or initiate legal proceedings under this Agreement or the Terms, shall not constitute a waiver or limitation of those rights or actions, nor exempts you from fulfilling the stated obligations. Waiver of a certain right or legal action on our part does not mean a waiver of other rights or legal actions arising from the Agreement or the Provisions. No waiver by us of any of these Terms, rights, or legal actions arising from the Agreement shall be effective unless the waiver is expressly stated to be a formalized waiver, and you are notified in accordance with the provisions in the Notices section set forth up.

22. COMPLETE AGREEMENT

These Terms and any document referred to constitute the entire Agreement between the parties with respect to the subject matter hereof and supersede any prior agreements, understandings or promises between the two parties, whether oral or written. The parties confirm that they have mutually entered into the Agreement independently of any statement or promise of the other party or which could be derived from any statement or document in the negotiations between the two parties prior to said Agreement, except for those expressly stated in these Terms. Neither party shall bring any legal action related to the other party's misrepresentation, whether oral or written, prior to the date of the Agreement (unless said misrepresentation was made by reason of fraud). The only legal action that the other party can initiate is for breach of contract in accordance with the provisions of these Terms.

23. OUR RIGHT TO MODIFY THESE TERMS

We have the right to review and modify these Terms at any time. You are subject to the rules and regulations in effect at the time you use this website or create an order, unless we are required to retroactively make changes to said rules, regulations or privacy protection rules by law or by decision of a competent authority. In this case, possible changes will also affect the orders you have previously placed.

24. APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products are governed by the laws of the Republic of Croatia. All disputes arising from or related to the use of the website or the aforementioned contracts are subject to the jurisdiction of the courts in Croatia. If you are entering into a contract as a consumer, nothing in this clause will affect the rights you have in accordance with the applicable regulations in this domain (primarily, the Consumer Protection Act).

26. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Send us your comments and suggestions via our email at: info@astordizastor.com