BASIC INFORMATION ABOUT THE SELLER
Name: OPG Branko Marinov
Headquarters: Gornji Vezac 18, Primošten
Branch office address: Gornji vezac 18, 22202 Primošten
Identification Number: 42614167398
Phone number: +385 99 821 1395
Email address: opgbranko1@gmail.com, info@opgbrankomarinov.com
The consumer, in the capacity of the buyer, and OPG Branko Marinov in the capacity of the seller enter into an agreement
AGREEMENT OF PURCHASE AND SALE
Legal entities as buyers are subject to the Law on Obligatory Relations and the Law on Electronic Commerce, and the Law on Consumer Protection does not apply to them. These General Terms and Conditions apply to legal entities in the part related to the main features of the product, the procedure for concluding the contract, the price of the product, the method of payment and the shipment of the product, the description of the method of delivery of the product and delivery costs, general information, warranty and service conditions, loyalty club , disclaimer and the moment of concluding the contract. The seller can, according to his choice, provide the legal entity with the rights that the buyer who is a consumer has in each specific case.
User is a person who uses the website opgbrenkomarinov.com, as well as every customer and visitor of the website opgbrenkomarinov.com
The conclusion of sales contracts via the opgbrankomarinov.com website is regulated in accordance with legal provisions, taking into account the principles and provisions of European Union directives. The conclusion of a contract via the website opgbrenkomarinov.com represents the conclusion of a contract at a distance.
These General Terms and Conditions of Business also represent a pre-contractual notification, and refer to the conclusion of a sales contract if the buyer is a consumer, i.e. any natural person who enters into a legal transaction or operates on the market outside of his trade, business, craft or professional activity, and if the contract is concluded between trader and consumer within the framework of an organized system of sales or service provision without the simultaneous physical presence of the trader and consumer in one place, whereby one or more means of remote communication are exclusively used until the moment of concluding the contract and for concluding the contract.
Means of remote communication are all means that can be used to conclude a contract at a distance without the simultaneous physical presence of the trader and the consumer, such as the Internet and electronic mail.
The contract is concluded when the seller accepts the buyer’s offer, and everything stated on the pages of OPG Branko Marinov represents an invitation to make an offer. The seller can terminate the purchase agreement, if the buyer does not pay the purchase price, and is not obliged to deliver the product until the moment of receipt of the purchase price, except in the case when the buyer has chosen the method of payment by cash on delivery. If for some reason the buyer does not collect the shipment and it is returned to the seller, the seller will repeat the delivery 2 more times and after a total of 3 failed delivery attempts, the seller will not repeat other deliveries.
An integral part of these General Business Terms and Conditions are also the General Terms of Personal Data Protection.
The content of the website opgbrenkomarinov.com is available in Croatian. The official language for concluding sales contracts is Croatian.
MAIN FEATURES OF THE PRODUCT
The customer familiarizes himself with the main features of the product on the website opgbrenkomarinov.com
OPG Branko Marinov reserves the right to change information, including product prices and promotional offers on the website without prior notice.
Along with the product image, there is a description of the product’s main features and its price including VAT.
Prices, terms of payment and promotional offers are valid only at the time of order and/or payment.
CONTRACT CONCLUSION PROCEDURE
Purchases are made on the website of OPG Branko Marinov opgbrankomarinov.com by filling out the form provided for this purpose. When filling out the form, the customer is obliged to enter all the information requested from him. The purchase can be made with the customer’s confirmation that he has previously read and understood the General Terms and Conditions and that he has agreed to them and that he is aware that this is an order with an obligation to pay. Shopping is possible 24 hours a day, 7 days a week. OPG Branko Marinov is not responsible for the costs of using computer equipment and telecommunication services required to access the service. The buyer will be notified by e-mail about the order confirmation (receipt of an electronic message containing the buyer’s offer) and the dispatch of the shipment.
In the event that OPG Branko Marinov is unable to deliver any of the ordered products for any reason, an employee of OPG Branko Marinov will contact the customer by phone or e-mail for the purpose of agreeing on the delivery of a replacement product or possible cancellation of the ordered product.
Only their legal representatives can request the purchase of products and/or services in the name and on behalf of minors or persons deprived of business capacity (completely or partially).
The purchase is made by ordering the available products, which the customer chooses based on the photo and basic description. The photos are illustrative in nature and do not always have to match the available products in all details.
Registration is done in a few simple steps in the comfort of the customer’s home, from anywhere in the world.
Product search is possible according to different criteria. By entering a certain term in “Search”, products related to the specified term will appear. The customer can choose a specific product he is interested in and read the available product description in order to make an independent decision whether the product suits his needs. The customer chooses products from the opgbrankomarinov.com product catalog, which is arranged according to product types.
Product orders are made electronically. By clicking the “Add to cart” icon, the selected product is added to the cart. By placing the product in the shopping cart, the product is not reserved, ordered or purchased. The customer can continue adding products by clicking “Continue shopping” or review the cart by clicking “View cart” or complete the product selection process by clicking “Finish shopping”. When the customer finishes the product selection process by clicking on “Finish shopping”, he will be redirected to the page where he chooses the payment method, the delivery method, enters the code if he has a coupon or gift certificate, makes additional notes if he has them, for example, if he wants an R1 account. It is not possible to continue the purchase without checking the box “I agree with the General Terms and Conditions”, by checking which the customer confirms that he has read and understood these General Terms and Conditions and that he agrees with them by checking the box “I am aware that the order includes an obligation to pay”. By clicking on “Change the contents of the basket”, the customer can change the contents of the basket. If the customer agrees with the purchase of the products in the basket, he can click on the “Pay” icon. After the customer clicks on the “Pay” icon to complete the order, the seller will send the General Terms and Conditions to the customer’s e-mail address together with the order confirmation and the order number confirming that the customer’s order has been received and is being processed.
The seller will send the buyer to his e-mail address a confirmation of the concluded sales contract together with a confirmation that the shipment has been sent, that is, that the buyer can pick it up at the OPG Branko Marinov branch, and instructions on collection. If the customer does not receive the ordered products that he paid for within 20 working days (Saturday, Sunday and non-working days excluded) from the payment, that is, 20 working days (Saturday, Sunday and non-working days excluded) from the conclusion of the sales contract with agreed payment upon receipt , he is obliged to inform about the same to the e-mail address info@opgbrankomarinov.com.
If the buyer has not received the purchase confirmation by e-mail within 72 hours or it is not possible to access the service in the manner specified in the e-mail, he is obliged to contact the seller at the e-mail address info@opgbrankomarinov.com.
In the event that OPG Branko Marinov is unable to deliver any of the ordered products for any reason, an employee of OPG Branko Marinov will contact the customer by phone or e-mail for the purpose of agreeing on the delivery of a replacement product or possible cancellation of the ordered product.
GENERAL INFORMATION
Before starting to use the website opgbrenkomarinov.com, owned by OPG Branko Marinov, users or customers are obliged to familiarize themselves with the General Terms and Conditions of the website. If they have additional questions or ambiguities related to the General Terms and Conditions, they can contact the e-mail address info@opgbrankomarinov.com.
By accessing the website or using any part of its content, the user accepts the General Terms and Conditions of the website, as well as all other rules and conditions of use of the website in question and the services provided through it. Users agree not to use the website in a way that harms the authors or third parties, and accept all risks of using the website and services. If the user does not agree with the above, he is obliged to stop using the website and the services provided through it.
The content of the website is protected by copyright. Changing, lending, selling or distributing content is possible only with the prior written permission of OPG Branko Marinov
OPG Branko Marinov makes it possible to use the website in the best possible way. This includes: monitoring the operation of the server, expansion of capacity according to the number of users, support for users and elimination of possible errors and problems in the operation of the system. does not take responsibility for possible problems in the operation of the pages and services. OPG Branko Marinov cannot guarantee that the use of the website will be uninterrupted or error-free. The user agrees that access to the website may sometimes be interrupted or temporarily unavailable.
Users use the website at their own risk. OPG Branko Marinov is in no way responsible for the damage that the user may suffer by using the website. The authors and other natural or legal persons involved in the creation, production and distribution of the website are not responsible for any damage resulting from the use or inability to use it.
OPG Branko Marinov retains the right to disable access to the website for users in case of assessment that it is being used in an inappropriate manner. OPG Branko Marinov reserves the right to refuse access to the website to anyone, based on its own assessments. The user undertakes to use the website in a way that does not endanger the resources and services as a whole. Inappropriate use of the website is prohibited and will result in termination of access to it.
The user is obliged to keep the information about his user account secret, and is fully responsible for all damage caused by unauthorized use of his user account.
OPG Branko Marinov reserves the right to change or supplement the General Terms and Conditions at any time. Changes take effect on the day of publication on the website. Continued access to the website or use of any part of its content will be considered as consent to the modified or amended General Terms and Conditions. OPG Branko Marinov advises periodically checking the General Business Terms and Conditions in order to become familiar with possible changes.
OPG Branko Marinov reserves the right at any time and without prior notice to change, supplement or cancel any part of its business, which includes the website, or any part of it, services, sub-sites or services provided through them. The right in question includes, but is not limited to, changing the time of availability of content, availability of new data, method of transmission, as well as the right to access or use the website.
It is the user’s duty and obligation to use the website in accordance with positive regulations and general moral and ethical principles. OPG Branko Marinov has the right to control the content of the website at any time in order to ensure compliance with the General Business Conditions and positive regulations. Changes to the General Business Terms and Conditions are valid immediately upon publication on the website.
PAYMENT AND DELIVERY
PRODUCT PRICE, PAYMENT METHOD AND PRODUCT SHIPMENT
The customer undertakes to pay for the ordered products by one of the following payment methods:
By credit or debit card – payment directly via the Internet, using card payment services: Visa Electron, Visa GOLD, MasterCard, Maestro, Visa and Diners.
In the case of payment by credit card, general payment and e-banking, the payment must be made no later than the deadline indicated in the e-mail message confirming that the contract has been concluded.
Cash on delivery payment (upon receipt of the shipment) – allows the customer to pay the amount of the order to the delivery person upon delivery to the address. Payment by cash on delivery is made exclusively in cash, i.e. it is not possible to pay the amount by credit card.
Payment to the account – the data required for the payment, including the account number to which the customer should pay the amount of the order, is sent to the e-mail address specified in the order. The customer can make the payment using internet banking or by paying at a bank branch, post office, FINI, etc. After receiving the customer’s payment, the ordered products are sent to the address indicated in the order.
The purchase contract is concluded at the moment of acceptance of the customer’s offer, and the product will be sent to the delivery service within 2-4 working days (Saturdays, Sundays and non-working days excluded) upon receipt of payment of the purchase price, except when paying for the product by cash on delivery.
If the customer chooses the cash on delivery method of payment, the purchase contract is concluded at the moment of acceptance of the offer, and the product will be sent to the delivery service within 2-4 working days (Saturdays, Sundays and non-working days are excluded) after the conclusion of the purchase contract.
The product will be delivered to the customer on the territory of the Republic of Croatia within 2-4 working days (Saturdays, Sundays and non-working days are excluded) from the delivery of the product to the delivery service.
The customer must request an R1 account when completing the order, subsequent requests for an R1 account will not be accepted.
If the payment is made by bank transfer (virman or internet banking), the buyer is obliged to use the payment information received by e-mail from the seller.
The agreed purchase price includes all taxes and duties and is expressed in euros.
BASIC SHIPPING INFORMATION
For customers from all over Croatia, delivery for all orders over €95 is free.
For deliveries that do not meet the condition of free delivery, we charge depending on the weight of the shipment, which is shown on the billing page by automatic calculation.
OPG Branko Marinov delivers the order within the deadlines specified under “Product price, method of payment and product shipment”.
Product delivery is made through courier services with which we have a contractual relationship.
OPG Branko Marinov checks the correctness of the ordered product before each delivery or handover of the product.
SHIPPING COSTS
Delivery costs are paid in full by the buyer, unless otherwise stated on the opgbrenkomarinov.com website. OPG Branko Marinov delivers within the Republic of Croatia.
Buyers are obliged to pick up the shipment and inspect it in front of the delivery person, i.e. in front of the seller in one of the branches of OPG Branko Marinov if it is agreed to pick up the goods in one of branch OPG Branko Marinov, and all in order to avoid subsequent complaints due to the possibility of damage to the shipment during delivery.
If OPG Branko Marinov is unable to deliver the ordered product, it will notify the customer. The customer can cancel the order or wait until the product is available again. If OPG Branko Marinov is not able to deliver the product within the agreed period, it informs the customer, who is obliged to leave him a subsequent reasonable period for the fulfillment of the sales contract.
If the customer does not take over the product or refuses to take over the product without a valid reason, OPG Branko Marinov reserves the right to demand compensation for the costs of manipulation, transport and other possible costs.
STATEMENT ON THE RETURN OF GOODS
When picking up the product, the customer is obliged to check for possible damage and immediately report it to the delivery worker who delivered the goods, or refuse to pick up a shipment with visible external damage.
opgbrankomarinov.com will, based on the request for return or exchange, return funds to the user’s account or replace the product with a new one within fourteen (14) days from the date of receipt of the returned product at the warehouse.
In the event that the replacement product is not in stock, only a refund is possible. The returned products are delivered to the following address: OPG Branko Marinov, Gornji Vezac 18, Primošten.In the case of a complaint, (in accordance with Official Gazette 19/22, Articles 60 and 84) the user bears the costs of return. The user is obliged to return the delivered products in the condition in which they were delivered to him in the original packaging (commercial packaging in which the goods were delivered) with the delivery note and invoice.
COMPLAINTS
MATERIAL DEFECTS
OPG Branko Marinov is responsible for material defects of the product until the moment of transfer of risk to the buyer (the moment the item is handed over to the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether he was aware of the material defect. Also, the same applies for those material defects that appear after the transfer of risk to the customer if they are the result of a cause that existed before that. It is assumed that a defect that appeared within six months of the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the matter or the nature of the defect.
There is a disadvantage:
if the thing does not have the necessary properties for its regular use or for trade, if the thing does not have the necessary properties for the special use for which the buyer acquires it, which was known to the seller or should have been known to him, if the thing does not have properties and characteristics that are expressly or tacitly agreed, i.e. prescribed, when the seller handed over an item that is not equal to the sample or model, unless the sample or model was shown only for the purpose of information, if the item does not have properties that normally exist in other items of the same type and that the buyer could reasonably expect based on the nature things, especially taking into account the public statements of sellers, manufacturers and their representatives about the properties of things (advertisements, labeling of things, etc.), if the thing is improperly assembled, provided that the assembly service is included in the fulfillment of the sales contract, if improper assembly is a consequence defects in the assembly instructions.
The consumer is obliged to inform the seller about the existence of visible defects within two months from the day he discovered the defect, and no later than two years from the transfer of risk to the consumer.
When, after receiving the item by the buyer, it turns out that the item has a defect that could not be detected during a normal inspection when taking over the item, the buyer is obliged, under threat of loss of rights, to notify the seller of this defect within two months from the day the defect discovered.
The seller is not responsible for defects that become apparent after two years have passed since the item was handed over. The rights of the buyer who timely informed the seller about the existence of a deficiency expire after the expiration of two years, counting from the day of sending the notification to the seller, unless the buyer was prevented from realizing them due to the seller’s fraud.
If the existence of a material deficiency is determined, the seller may have one of the following obligations, all in accordance with the rules of the Obligations Act:
removal of the defect, delivery of another product without the defect, price reduction, termination of the contract. Rights based on material lack of property are regulated by the Law on Obligations.
When the buyer is a legal entity, the rules on material deficiency prescribed by the Law on Obligations apply to him, especially in the part where material deficiency for legal entities is regulated differently than stated here in the General Terms and Conditions, then the Law on Obligations applies.
THE RIGHT TO UNILATERAL TERMINATION OF THE AGREEMENT OF PURCHASE
The consumer can unilaterally terminate the contract within 14 days without giving a reason.
The period of 14 days begins to run from the day when the consumer or a third party is assigned by the consumer, which is not the carrier, the product handed over to the possession.
If the consumer orders several pieces of products in one order that should be delivered separately, that is, if it is a question of goods that are delivered in several pieces or in several shipments, the 14-day period begins to run from the day when the consumer or a third party specified by the consumer, and which is not the carrier, handed over the last piece or the last shipment of the product.
If a regular delivery of goods for a certain period has been agreed, the 14-day period begins on the day when the first piece or the first shipment of the product is handed over to the consumer or a third person designated by the consumer, who is not the carrier.
If the consumer is not informed about the right to terminate the contract, the right of the consumer to unilaterally terminate the contract ends after 12 months from the expiration of the 14-day period.
If the seller has provided the consumer with a notice of the right to terminate the contract within 12 months, the right to unilaterally terminate the contract ends at the end of a period of 14 days from when the consumer received that notice.
In order for the consumer to be able to exercise the right to unilaterally terminate the contract, the consumer must inform the seller of his decision to unilaterally terminate the contract before the expiration of the 14-day period, and that unambiguously by means of a statement sent by mail to the address: Gornji Vezac 18, Primošten – or by e-mail to: info@ opgbrankomarinov.com, in which he will state his name and surname, address, telephone number, fax number or e-mail address, and the consumer can, at his own choice, also use the example of the form for unilateral termination of the contract attached below. A copy of the form for unilateral termination of the contract can be filled out electronically by the consumer by clicking on unilateral termination of the contract. Confirmation of receipt of the declaration of unilateral termination of the contract will be delivered by the seller to the consumer without delay, by e-mail. In case of termination of the contract, each party is obliged to return to the other party what it received on the basis of the contract. Except when the seller has offered to collect the goods returned by the consumer himself, the seller must return the payment only after the goods have been returned to him, that is, after the consumer has provided him with proof that he sent the goods back to the seller, if the seller was informed of this before receipt goods. The seller is not obliged to refund additional costs resulting from the consumer’s explicit choice of the type of transport. The seller must refund the amount paid using the same means of payment used by the consumer when paying, unless the consumer expressly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund.
Unless the seller has offered to pick up the goods returned by the consumer himself, the consumer must return the goods without delay and no later than within 14 days from when he informed the seller of his decision to terminate the contract.
It is considered that the consumer has fulfilled his obligation to return the goods on time if he sends the goods or hands them over to the seller or a person authorized by the seller to receive the goods before the expiry of the deadline.
All direct costs of returning the product are borne by the seller. The consumer is responsible for any decrease in the value of the goods that is the result of handling the goods other than that which was necessary to determine the nature, characteristics and functionality of the product.
In order for the consumer to determine the nature, characteristics and functionality of the goods, he can handle the goods and inspect the goods exclusively in the way that is customary when buying goods at the seller’s premises. The buyer may not use the goods that he intends to return within 14 days or undertake any other actions that would reduce the value of the goods.
During the period in which the consumer exercises the right of return, he must store the goods with due care, that is, he must behave as a particularly careful and conscientious person. In the event of a decrease in the value of the product as a result of handling the product, the seller will be charged from the amount of the purchase price received in the proportion of the decrease in the value of the goods according to his own assessment, taking into account the objective criteria of each individual case.
In order to make it easier for the consumer to draw up a written termination of the contract, below is an information form for unilateral termination of the contract that can be filled out and sent to the seller’s address Gornji Vezac 18, Primošten or by electronic mail to the e-mail address . The consumer can complete the termination of the contract by clicking on the link indicated above.
The right to terminate the sales contract is not allowed in the following cases when:
the subject of the contract is goods that are made according to the consumer’s specifications or which are clearly adapted to the consumer, the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery, the subject of the contract is goods that, due to their nature, are inseparably mixed after delivery with other things, the consumer specifically requested a visit from the dealer to carry out emergency repairs or maintenance work, with the proviso that if during such a visit, in addition to the services that the consumer expressly requested, the merchant also provides some other services, i.e. delivers some other goods other than those necessary for emergency repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in connection with such additional services or goods. When the customer is a legal entity, the section of these General Terms and Conditions entitled “Right to unilateral termination of the contract” does not apply to him. The Law on Obligatory Relations and the Law on Electronic Commerce apply to legal entities.
NOTICE ON THE MANNER OF WRITTEN COMPLAINT BY THE CONSUMER
All complaints in accordance with Article 10 of the Consumer Protection Act can be sent by mail to the address Gornji Vezac 18, Primošten or by electronic mail to the email address info@opgbrankomarinov.com or in person at the seller’s business premises at the address – Gornji Vezac 18, Primošten .
In order for consumer OPG Branko Marinov to respond to a written complaint that was not sent by e-mail, consumers are asked to provide accurate information about their first and last name and the address to which the response will be delivered. The answer to the consumer’s complaint must be given in writing no later than 15 days from the day of receipt of the complaint.In the event of a possible dispute, OPG Branko Marinov and the consumer will resolve the dispute amicably, and if this is not possible, the competent court according to the seat of the Seller’s company is competent, applying Croatian law. The resolution of disputes is possible before the Court of Honor of the HGK or other centers for conciliation.
Consumer disputes can be resolved through the ODR platform of the European Commission (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR)
If the consumer accepts the General Terms and Conditions, he also accepts all other conditions listed on the website and all other provisions listed on that website. If the consumer does not agree with any part of the pre-contractual notification or the General Terms and Conditions, please do not use the website and do not enter into a sales contract.
OPG Branko Marinov reserves the right to change these General Business Terms and Conditions without prior notice. The general terms and conditions of business are in accordance with the laws of the Republic of Croatia.
If the buyer is a legal entity, the rules on consumer protection prescribed by the Consumer Protection Act do not apply to him.
The rules on written consumer complaints do not apply to legal entities, to which the Law on Obligatory Relations and the Law on Electronic Commerce apply.
STATEMENT ON THE RETURN OF GOODS
When picking up the product, the customer is obliged to check for possible damages and immediately report them to the delivery worker who delivered the goods, or refuse to take delivery of a shipment with visible external damage.
OPG Branko Marinov will, based on the request for return or exchange, return funds to the user’s account or replace the product with a new one within fourteen (14) days from the date of receipt of the returned product at the warehouse.
In the event that the replacement product is not in stock, only a refund is possible. Return of delivered products is done by delivery to the address: OPG Branko Marinov, Gornji Vezac 18, Primošten. In the event of a justified complaint, opgbrankomarinov.com bears the return costs.
The user is obliged to return the delivered products in the condition in which they were delivered to him in the original packaging (commercial packaging in which the goods were delivered) with the delivery note and invoice.
WARRANTY AND SERVICE TERMS
If a particular product has a warranty or is subject to service conditions, the same is highlighted in the description of that product. The rights from the warranty certificate can only be used with the presentation of the warranty certificate and invoice, and for the duration of the warranty period.