General Terms and Conditions
GENERAL TERMS AND CONDITIONS (hereinafter referred to as the “Terms”)
INFORMATION ABOUT THE COMPANY
Truvior j.d.o.o. Zagreb, Petrova 126 (hereinafter referred to as “Truvior” or the “Company”).
Registered with the Commercial Court in Zagreb under: Company Registration Number (MBS): 080819074 Tax Identification Number (OIB): 21390465097 VAT ID: HR 21390465097
Persons authorized to represent: Luka Međimorec, director represents the company independently and individually Share capital: HRK 10.00 / fully paid in cash Company’s account opened with Zagrebačka banka d.d. Zagreb, IBAN: HR4723600001102315090
Email address (user): info@truvior.hr, info@themiubook.com Info phone: 099 308 0 308 Customer service working hours: 9:00 am – 4:00 pm, Monday-Friday
INTRODUCTORY PROVISIONS
By publishing these Terms on the Website www.themiubook.com, Truvior informs Users to familiarize themselves with them before using the Website, in order to obtain information and/or purchase specific products advertised on the Website. By accessing the Website or using the online product purchasing service, Users are deemed to have acquainted themselves with these Terms, fully understand them, and fully accept them. If Users do not agree to these Terms or are under 16 years of age, themiubook.com advises them not to use the Website.
These Terms are drafted in accordance with the Consumer Protection Act (Official Gazette 41/2014, 110/2015, 14/2019; hereinafter referred to as the “Consumer Protection Act”), the Electronic Commerce Act (OG 173/03, 67/08, 36/09, 130/11, 30/14, 32/19; hereinafter referred to as the “Electronic Commerce Act”), the Obligations Act (OG 35/05, 41/08, 125/11, 78/15, 29/18; hereinafter referred to as the “Obligations Act”), and the Trade Act (OG 87/2008, 96/2008, 116/2008, 76/2009, 114/2011, 68/2013, 30/2014, 32/19; hereinafter referred to as the “Trade Act”). For all matters not regulated by these Terms, the relevant provisions of the respective laws shall apply.
In these Terms, certain terms and definitions have the meanings as stated below, unless otherwise specified.
Terms used, which have a gender meaning, refer equally to both male and female genders.
User refers to any legal or natural person accessing the Website and/or using the online product purchasing service, including Consumers and Visitors to the Website.
In terms of the Consumer Protection Act, a consumer is any natural person who enters into a legal transaction or acts in the market outside their trade, business, craft, or professional activity.
A consumer can only be a fully adult and legally capable natural or legal person. Contracts on behalf of and for the account of minors or fully legally incapable persons can be concluded by their legal representatives, and partially legally capable persons can conclude contracts only with the consent of their legal representatives.
Visitor refers to any legal or natural person accessing the Website without prior registration.
Merchant refers to the company TRUVIOR j.d.o.o. Zagreb 10000, Petrova 126.
Website refers to www.themiubook.com.
Complaint in the sense of the Consumer Protection Act refers to a written complaint by the consumer, which is submitted to the trader in a durable medium, expressing dissatisfaction with the purchased product or provided service.
Means of distance communication, according to the Consumer Protection Act, include all means that can be used for concluding a distance contract without the simultaneous physical presence of the trader and the consumer. These means include addressed and unaddressed printed materials, universal letters and postcards, printed promotional messages with order forms, catalogs, telephones with or without human intervention, radio, videophone, teletext, fax, television, the Internet, and electronic mail.
A distance contract, in accordance with the Consumer Protection Act, is a contract concluded between the trader and the consumer within an organized system for sales or provision of services, without the simultaneous physical presence of the trader and the consumer at one place, and where one or more means of distance communication are exclusively used up to the moment of concluding the contract.
GENERAL PROVISIONS
TRUVIOR is a trading company that, in addition to its main activities, provides information society services through its Website.
An information society service, as defined by the Electronic Commerce Act, refers to a service provided electronically, upon individual request of the user, and for which a fee is charged. This includes internet sales of goods and services, provision of data on the internet, internet advertising, electronic search engines, and the ability to search for data and services transmitted through an electronic network, provide access to the network, or store user data.
The user agrees to use the Website at their own risk, and TRUVIOR J.D.O.O. does not guarantee the consequences that may arise from the use of the Website, nor the accuracy, reliability, or content of any information, product, or service. The right to use the Website cannot be transferred to other individuals and/or legal entities, nor is the user authorized to register other individuals and/or legal entities. If the user provides third-party data, they will be responsible for informing and obtaining their consent for the provision of such data for the appropriate purposes. Any loss or damage caused on the Website for themiubook.com or any third party due to the communication of inaccurate, incorrect, or incomplete data on registration forms will be the sole responsibility of the user.
TRUVIOR is not responsible for the actions of third parties.
The user acknowledges that interruptions in services may occur due to reasons beyond TRUVIOR’s control and agrees that TRUVIOR is not responsible for any loss of data.
TRUVIOR has the right to modify any provision of these Terms at any time and without prior notice. The use of the Website after the publication of the modified General Terms and Conditions is understood as the user’s acceptance of the changes.
The Website contains materials protected by copyright and related rights, including but not limited to texts, software, photographs, as well as the entire content of the Website. The user is not allowed to copy, distribute, link, modify, publish, transmit, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part.
All content published on these web pages, such as texts, graphics, trademarks (logo), icons, images, audio and video recordings, digital content, computer programs, and other unmentioned content published on these pages, are the property of TRUVIOR j.d.o.o. or partners who have authorized us to use them, and they are protected by domestic and international laws on the protection of copyright and intellectual property rights, and their unauthorized use is not permitted.
Under no circumstances will TRUVIOR be liable for any damages that may arise from the use or inability to use the Website, including but not limited to direct, indirect, punitive, and any other form of damages.
TRUVIOR does not guarantee, nor assumes any form of responsibility, that this Website, its servers, emails sent by TRUVIOR are free of viruses or other harmful components.
In addition to the above, TRUVIOR will not be responsible for any errors, inaccuracies, or other deficiencies in the information found on this Website, nor for any claims or losses arising from them.
Users can send comments, suggestions, questions, and other information as long as these contents are not of illegal, obscene, threatening nature, or intended to discredit someone’s good name, infringe on privacy, or violate the intellectual property rights of a third party or similar nature. Sending and sharing software viruses or any form of spamming is not allowed. The trader reserves the right (but not the obligation) to delete or modify such content, but does not regularly review all posted content.
The user confirms that comments, suggestions, ideas, questions, and other information published on the Website are of public, not private nature, and therefore TRUVIOR employees may monitor such user communications without their knowledge and explicit permission.
TRUVIOR reserves the right to terminate a user account in the event of any user behavior that TRUVIOR, at its discretion, deems unacceptable, as well as in case of any violation of these Terms.
Users can send their inquiries and comments in writing to the email address info@themiubook.com or info@truvior.hr. TRUVIOR will provide a written response via email within the legal deadline.
PRICE
The Seller undertakes to clearly and visibly display the amount of the retail price in accordance with Article 7 of the Consumer Protection Act. All indicated retail prices of products are expressed in Croatian kuna (HRK) and include value-added tax (VAT).
The price does not include delivery costs, which will be specified separately when ordering the items.
The Merchant strives to provide the most accurate description and image of the product. However, the Merchant cannot guarantee that all the provided data and product images are entirely accurate. The product images are for illustrative purposes and serve to provide the closest possible visualization of the ordered product.
The Merchant reserves the right not to process certain orders. The Merchant does not assume responsibility for the unconditional delivery of the ordered product, as inventory levels change systematically from moment to moment, and there is a possibility that the Merchant may not process the received customer order. In such a case, the Merchant will contact the customer and arrange one of the possible options, such as offering an alternative product, proposing an adequate new delivery timeframe if the ordered product can be obtained from the manufacturer, or canceling the order if the customer does not accept any of the alternative solutions offered.
PAYMENT METHODS
The customer can pay for the ordered products, together with the delivery costs, using the following methods:
- Credit cards
- Cash payment (general payment slip, online banking)
- R1 for companies (general payment slip, online banking)
CorvusPay ensures payment security.
Payment by credit card:
You can pay for the ordered products using the following credit cards:
VISA, Diners, MasterCard, and Maestro.
Installment payments:
Installment payments are available for amounts over HRK 600 for users who make purchases using the following cards:
VISA (up to 6 installments)
MasterCard (up to 6 installments)
Maestro (up to 6 installments)
Installment payments with Maestro cards from Zagrebačka banka are not possible.
Payment on delivery:
Payment is made to the delivery service at the time of delivery, along with the delivery cost.
For cash payments, the payment details are as follows:
Truvior j.d.o.o., Petrova 126, 10 000 Zagreb, IBAN: HR4723600001102315090, Reference number: Order number.
Changes in the available product offer are possible, and our sales consultants will assist you in making a selection.
For any additional information, you can contact us at: +385 99 308 0 308.
DELIVERY / DELIVERY TIME
The seller, in agreement with the customer, sends the goods through a delivery service that is not affiliated with the seller.
Delivery time: 1 to 5 working days.
The customer will receive a notification from the GLS courier service via SMS and email on the day of delivery, providing a three-hour time interval for the expected delivery time.
After the expiration of 2 (two) days from the scheduled delivery date, the customer is required to notify the seller of the non-delivery of the shipment. The seller should then determine the reason and take actions to rectify the delivery error.
If the customer (or the recipient specified in the order) refuses to accept the shipment from the courier, they must return the shipment to the seller at their own expense.
The delivery cost is calculated based on the price list of the delivery service, which is not affiliated with the seller.
The fixed delivery cost for the territory of the Republic of Croatia is HRK 36.00. It is calculated during the order formation on the themiubook.com online store.
For delivery costs to EU countries and countries outside the EU where the seller sells its products through the online store, the customer should contact the seller to receive a cost estimate for delivery.
The amount of delivery costs for countries outside the EU, where the seller sells its products through the online store, does not include customs costs and other fees prescribed by the laws of individual countries.
RETURN OF GOODS
The customer has the right to return the goods to the seller after delivery if:
- Unsolicited goods have been delivered.
- The delivered goods have defects or visible damages resulting from factory or production errors.
The seller will not accept damages caused by improper use of the product.
Any observed damages must be reported to the seller immediately upon receipt of the delivery, at the latest within 24 hours.
The seller will approve the return of goods or cancellation of the order upon receipt of a justified complaint in written form (email, fax). In this case, the customer is required to personally or by mail deliver to TRUVIOR j.d.o.o., Petrova 126, 10 000 Zagreb:
- The complaint
- The received goods
- The signed delivery note for the received goods
- The corresponding invoice received
In agreement with the customer, the goods will be replaced with a correct one, and the customer bears the cost of returning the goods.
Email address: info@themiubook.com
PRODUCT REPLACEMENT
Right to product replacement:
All customers have the right to replace any item. The replacement must be requested within 14 working days from the receipt of the package.
Deadline for product replacement:
The replacement must be requested within 14 days from the receipt of the package.
Replacement of purchased product for a more expensive one:
It is possible to replace a purchased product with a more expensive one. Please contact our staff via email at info@themiubook.com, and they will provide instructions for paying the price difference.
Replacement of purchased product for a cheaper one with a refund:
It is possible to replace a purchased product with a cheaper one. The remaining amount will be refunded to the customer using the same payment method used for the initial payment.
In the case of a replacement, the customer bears the cost of delivery.
If the consumer wants to return the delivered product within the legal deadline for a justified reason and request a refund, TRUVIOR will refund the amount of the ordered product, while the cost of return and customs duties in both directions will be borne by the customer.
ONLINE PURCHASE – DISTANCE CONTRACT CONCLUSION
These Terms and Conditions are an integral part of the concluded contract between the Merchant and the Consumer.
The contract is considered concluded when the Consumer receives the order confirmation, while it is considered fulfilled when the Consumer pays for the product.
LIABILITY FOR MATERIAL DEFECTS OF GOODS
The liability for material defects of goods is determined in accordance with the provisions of the Law on Obligations, where the term “goods” has the same meaning as “products” in these Terms and Conditions.
The seller is liable for material defects of goods that existed at the time when the risk passed to the buyer, regardless of whether the seller was aware of them. The seller is also liable for those material defects that occur after the risk has passed to the buyer if they are a consequence of a cause that existed before that.
The seller is not liable for defects that were known to the buyer at the time of contract conclusion or could not have remained unknown to them.
SUBMITTING COMPLAINTS
In accordance with the Consumer Protection Act, the Merchant is obliged to enable the Consumer to submit a complaint, expressing their dissatisfaction with the purchased product or the quality of the provided service.
The Consumer can submit a complaint in written form, and the receipt of the complaint will be confirmed to them in writing without delay.
The complaint can be submitted by mail to the following address or by email to the address:
Truvior j.d.o.o.
Petrova 126, 10 000 Zagreb
info@themiubook.com
The complaint must be submitted within 14 days from the day of receiving the product.
TRUVIOR will provide a written response to the received complaint no later than 15 days from the day of receiving the written complaint.
Depending on the complaint, TRUVIOR will inform the Consumer about the following:
Whether the product can be replaced with a new one.
Whether a refund for the product is possible.
Other information related to the complaint.
If the Consumer determines within the legal deadline that they received a product that was not ordered, a product with an expired expiration date, and/or a defective product, TRUVIOR undertakes to replace the product at its own expense. If this is not possible or cannot be done within the legal deadline, TRUVIOR will refund the paid amount to the Consumer no later than 14 days from the day the product is returned in its original packaging. The refund will be made using the same payment method used by the Consumer.
If the packaging of the product is damaged upon receipt, TRUVIOR informs the Consumer not to accept the product but to draw the delivery person’s attention to the damaged packaging and request a return. In this case, TRUVIOR will replace the damaged product at its own expense or provide a refund within 14 days from the day the product is returned. The refund will be made using the same payment method used by the Consumer.
You can download the complaint form at https://themiubook.com/en/themiubook2023/wp-content/uploads/PRIGOVORPISANI.docx
If the Consumer does not report packaging damage to the delivery person at the time of receiving the product, it is considered that the Consumer accepted the product with undamaged packaging.
If the Consumer discovers damage to the product after removing the packaging, they should keep the original packaging and contact TRUVIOR within 14 days from the receipt of the goods.
ONE-SIDED TERMINATION OF A REMOTE CONTRACT
The consumer has the right to unilaterally terminate the contract within 14 days without stating any reasons, starting from the day the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods that are the subject of the contract.
In order for the consumer to exercise the right to unilateral termination of this contract, they must inform the merchant of their decision to terminate the contract before the deadline, either by using the contract termination form or by making an unambiguous statement expressing their intention to terminate the contract.
The contract termination form can be obtained from: https://themiubook.com/en/themiubook2023/wp-content/uploads/jednostrani-raskid.docx
The consumer can send the contract termination form or statement by mail to the merchant’s registered address at Petrova 126, 10 000 Zagreb, or electronically to the email address info@themiubook.com, providing their full name, address, telephone number, and email address.
The merchant will promptly send a confirmation of receipt of the contract termination notice to the consumer, if the notice of termination is sent by email.
If the consumer unilaterally terminates this contract, the merchant will refund the money received from the consumer without delay and no later than within 14 days from the day the consumer’s decision to terminate the contract was received.
The refund will be made using the same payment method used by the consumer.
The merchant may withhold the refund until the goods are returned.
The consumer must return the goods to the merchant at the address Petrova 126, 10 000 Zagreb, through a postal service provider without undue delay and in any case no later than 14 days from the day the consumer sent the decision to terminate the contract to the merchant.
The consumer is considered to have fulfilled their obligation on time if they send or deliver the goods to the merchant, or to a person authorized by the merchant to receive the goods, before the aforementioned deadline.
The returned goods must be undamaged and in their original packaging, accompanied by the fiscal receipt.
The consumer bears the cost of returning the goods.
The consumer is responsible for any diminished value of the goods resulting from handling the goods, except for that which was necessary to establish the nature, characteristics, and functioning of the goods.
In case the goods returned by the consumer are damaged, not in their original packaging, or not suitable for resale, the merchant is not obliged to accept the return of such goods.
If the value of the goods has been diminished due to the consumer’s handling, the merchant has the right to proportionally reduce the amount to be refunded to the consumer.
According to Article 79 of the Consumer Protection Act, the consumer does not have the right to unilaterally terminate the contract if:
The contract is for services, and the merchant has fully performed the services with the explicit prior consent and confirmation of the consumer’s awareness that they will lose the right to unilateral contract termination if the services are fully performed.
The subject of the contract is goods or services whose price depends on changes in the financial market that are beyond the merchant’s control and may occur during the consumer’s right to unilateral contract termination.
The subject of the contract is goods made to the consumer’s specifications or clearly personalized.
The subject of the contract is perishable goods or goods with a short shelf life.
The subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, and were unsealed after delivery.
The subject of the contract is goods that, by their nature, are inseparably mixed with other items after delivery.
The subject of the contract is the delivery of alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, and the delivery can only take place after 30 days if the price depends on market changes beyond the merchant’s control.
The consumer specifically requested a visit by the merchant for urgent repairs or maintenance work, provided that if, during such visit, the merchant provides additional services or supplies additional goods other than those necessary for urgent repairs or maintenance, the consumer has the right to unilateral contract termination regarding those additional services or goods.
The subject of the contract is the delivery of sealed audio or video recordings or computer programs that were unsealed after delivery.
The subject of the contract is the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts for such publications.
The contract was concluded through a public auction.
The subject of the contract is the provision of accommodation services not intended for residential purposes, transportation of goods, vehicle rental services, delivery of food and beverages, or services related to leisure activities if it is agreed that the service will be provided on a specific date or within a specific period.
The subject of the contract is the delivery of digital content that is not delivered on a physical medium, if the performance of the contract has begun with the explicit prior consent of the consumer and their confirmation of being aware that they will lose the right to unilateral contract termination by doing so.
For the purposes of these Terms, TRUVIOR clarifies that the term “goods” has the same meaning as the term “products.”
ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute, in accordance with the Law on Alternative Dispute Resolution for Consumer Disputes (NN No. 121/16, 32/19), which regulates alternative resolution of domestic and cross-border disputes arising from contracts of sale or service contracts between traders domiciled in the Republic of Croatia and consumers residing in the European Union (hereinafter referred to as the EU), TRUVIOR proposes resolving the dispute before one of the bodies designated for alternative dispute resolution for consumer disputes operating in the Republic of Croatia, such as:
Mediation Centre at the Croatian Chamber of Economy, Zagreb, Roosevelt Square 2, www.hgk.hr
Mediation Centre at the Croatian Mediation Association, Zagreb, Teslina 1/I, info@mirenje.hr
Court of Honor at the Croatian Chamber of Economy, Zagreb, Roosevelt Square 2, sudcasti@hgk.hr
Mediation Centre at the Croatian Employers’ Association, Zagreb, Radnička cesta 52/1, hup@hup.hr.
ONLINE DISPUTE RESOLUTION
According to the European Union Regulation as of February 15, 2016, disputes related to online purchases throughout the entire EU can be resolved through the ODR platform, which can be accessed via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR
You can use the European platform to find the best solution for your issue regarding your purchase, directly communicate with the merchant about your problem, or agree on a dispute resolution body that will handle your case.
The Seller and the Buyer will make every effort to settle all disputes amicably. In case of failure to reach a settlement, the competent court in Zagreb shall have jurisdiction, and the disputes shall be resolved in accordance with the positive regulations of the Republic of Croatia.
ZAGREB, 01.02.2021.