I. GENERAL PROVISIONS
- These Terms and Conditions define the general conditions of sales conducted through the Online Store and the provision of electronic services by the Seller.
- The Customer may contact the Seller:
- in writing, by sending a message to the Seller’s registered office address,
- via email, by sending a message to: info@toparts.eu
- by phone, at: +385 992212070
- using the contact form available in the Online Store,
- The Seller has the right to organize occasional competitions and promotions, the terms of which will be published on the Store’s website each time. Promotions in the Online Store cannot be combined unless the regulations of a given promotion state otherwise.
- These Terms and Conditions are continuously available in the Online Store in a manner that allows their acquisition, reproduction, and recording.
- The Seller informs that cookies are used in the Online Store. Detailed rules in this regard are set out in a separate document (hereinafter: “Cookie Policy“) available on the Store’s website.
- Terms used in these Terms and Conditions mean:
- Business Days – days from Monday to Friday, excluding statutory public holidays;
- Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person but is granted legal capacity by law, concluding a Sales Agreement;
- Civil Code – applicable civil law regulations of the Republic of Croatia and European Union;
- Account – a separate part of the Online Store, individually assigned to the Customer;
- Consumer – a Customer who is a consumer within the meaning of applicable consumer protection law;
- Shopping Cart – information about Products selected by the Customer to be the subject of an Order;
- Newsletter – a Service provided to the Customer by sending commercial information to the email address provided by them;
- Opinion – a Customer’s statement regarding a Product, Service, or performance of the Agreement;
- Product – goods presented in the Online Store, the description of which is available with each presented product;
- Entrepreneur – a Customer who is an entrepreneur within the meaning of applicable commercial law;
- Terms and Conditions – this document;
- Online Store – an IT system used by the Seller to conduct commercial and service activities, through which Products and Services are presented on the Internet and Orders are accepted, operating at toparts.eu
- Seller – RebootLab j.d.o.o. with registered office at Korzo 22, 51000 Rijeka, Croatia, company number: 040489253;
- Agreement/Sales Agreement – an agreement for the sale of Products presented in the Online Store, concluded between the Seller and the Customer;
- Service – an electronic service provided through the Online Store by the Seller to Customers electronically within the meaning of applicable electronic services law;
- Consumer Rights Act – applicable European Union and Croatian consumer protection legislation;
- Electronic Services Act – applicable legislation regarding electronic services;
- Order – a declaration of intent by the Customer, directly aimed at concluding a Sales Agreement.
II. RULES FOR USING THE ONLINE STORE
- The use of Services is possible subject to meeting the following minimum technical requirements:
- Internet access,
- email application,
- web browser in the latest version with Javascript and Cookies enabled,
- program for reading and saving PDF files.
- A Customer using the Online Store is obliged to comply with the legal order, the provisions of these Terms and Conditions, and to respect personal rights. In particular, the Customer must not provide or transmit unlawful content, including distributing unsolicited commercial information (spam) within the Online Store, and must use the Online Store in a manner that does not disrupt its operation.
III. SERVICES
- Services provided by the Seller through the Online Store are free of charge.
- The Account Service is available after registration. Registration is done by completing and submitting the registration form available in the Online Store to the Seller.
- To receive the Newsletter, a valid email address must be provided to the Seller.
- The Service Agreement is concluded for an indefinite period and terminates upon termination by the Customer or by using system options allowing removal from the Newsletter subscriber list.
- The Shopping Cart Service is available to Customers with an active Account in the Online Store. The Shopping Cart Service is provided for a specific period, until the Customer places an Order for Products saved in the Cart or removes Products from the Cart.
- In case of violation of the Terms and Conditions by the Customer, the Seller, after prior unsuccessful request to cease or remove violations with a reasonable deadline, may terminate the Service Agreement with a 14-day notice period.
IV. PROCEDURE FOR CONCLUDING THE AGREEMENT
- Information about Products provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, do not constitute an offer but only an invitation to make offers.
- A condition for placing an Order and concluding an Agreement is having an active email account and/or having an Account.
- An Order placed through the Online Store constitutes an offer and binds the Customer from the moment of confirmation of receipt of the Order by the Seller until the expiry of the payment deadline specified therein.
- The Agreement is concluded upon receipt by the Customer of confirmation of acceptance of the Order for fulfillment.
- For a Customer who placed an Order via email or by phone, the Seller immediately confirms the content of the future Agreement by sending an email containing at least information about:
- Customer name and address,
- Product name and price,
- quantity of the Product,
- method and deadline for payment,
- method, deadline, and costs of delivery,
- content of the Terms and Conditions.
- The confirmation referred to in point 6 constitutes an offer that binds the Seller for two Business Days from its receipt by the Customer. If within the period specified in the previous sentence, the Customer sends the Seller information accepting the content of the proposed Agreement, the Agreement is concluded upon receipt of the message by the Seller.
- After concluding the Agreement but before its performance, the Seller sends the Customer an email message constituting Order confirmation, indicating at least:
- parties to the Agreement,
- name, price, and quantity of the Ordered Product or Products,
- method and deadline for payment,
- method, deadline, and cost of delivery,
- total price to be paid,
- existence and content of warranty on the Product or Products, and
- Terms and Conditions with attachments.
V. TIME, METHODS, AND DELIVERY DETAILS
- All goods with “available” status are shipped within 2 days from payment of the order in case of advance payment, or from the date of concluding the agreement if cash on delivery was selected.
- Payment for an order is considered made at the time when funds are credited to the Seller’s bank account or when the payment service provider informs us about the order.
- Delivery within the European Union takes up to 7 business days from the moment of shipment.
- The Seller delivers Products covered by the Order to the address indicated by the Customer when placing the Order.
- In case of delivery restrictions, the Seller provides clear information about such restrictions on the Online Store website.
- The Customer may choose the following delivery methods for ordered Products:
- via courier company (DHL, DPD, or other EU carriers)
- Seller’s own transport,
- personal collection at physical store.
- The Seller informs the Customer on the Store’s website about the Order fulfillment deadline and delivery charges.
- If different fulfillment periods are provided for Products covered by the Order, the longest period applies to the entire Order, in accordance with point 5 above.
- The Customer receives a receipt or invoice with the Product – according to the choice made when placing the Order.
VI. PRICES AND PAYMENT METHODS
- Prices of Products displayed on the Online Store website include all components, including VAT.
- The Customer may choose the following payment methods for the Order:
- bank transfer to the Seller’s account
- PayPal
- card payment (processed by payment provider)
- electronic transfers (processed by payment provider)
- cash payment upon personal collection
- cash on delivery
- The Customer is obliged to pay for the ordered Product together with delivery costs and any additional costs indicated in the Online Store within 2 days from placing the Order, unless cash on delivery was selected.
VII. RIGHT TO WITHDRAW FROM THE AGREEMENT
- A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient for the Customer to send the statement before its expiry.
- The Customer may formulate the statement independently or use the withdrawal form template, which is an Annex to these Terms and Conditions.
- The 14-day period is counted from the day of delivery.
- Upon receiving the Consumer’s withdrawal statement, the Seller will send confirmation of receipt of the withdrawal statement to the Consumer’s email address.
- In accordance with applicable consumer protection law, the Consumer’s right to withdraw from the Agreement is excluded in the case of:
- provision of services if the Seller has fully performed the service with the Consumer’s express consent, who was informed before the commencement of the service that after the Seller fulfills the service, they will lose the right to withdraw from the Agreement;
- Agreement where the subject is a non-prefabricated Product, manufactured according to the Consumer’s specifications or serving their individualized needs;
- Agreement where the subject is a Product delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
- Agreement where Products, after delivery, due to their nature, become inseparably connected with other things;
- Agreement where the Consumer expressly requested the Seller to come to them for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the Consumer or supplies Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Agreement applies to the Consumer regarding additional services or Products;
- Agreement concluded through public auction;
- In case of withdrawal from a distance contract, the Agreement is considered not concluded. What the parties provided must be returned unchanged, unless the change was necessary to determine the nature, characteristics, and functionality of the Products. The return should be made immediately, no later than within 14 days. The Customer returns the purchased Product to the Seller’s address.
- The Seller will immediately, but no later than within 14 days from receiving the Consumer’s withdrawal statement, return payments made by them, including Product delivery costs. The Seller makes the refund using the same payment method used by the Consumer, unless the Consumer agrees to another refund method, provided this method does not involve any cost for the Consumer.
- The Seller may withhold the refund of payments received from the Customer until receiving the Product back or until the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to collect the Product from the Customer.
- If the Consumer chose a Product delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to refund additional costs incurred by the Consumer.
- The Customer only bears the direct cost of returning the Product.
VIII. COMPLAINTS AND WARRANTIES
- The Seller undertakes to deliver Products to the Customer without defects within the meaning of applicable civil law provisions.
- The Seller is liable to the Customer, including a Customer who is a Consumer, under warranty for defects on the principles set out in applicable civil law.
- Complaints arising from violation of Customer rights guaranteed by law or under these Terms and Conditions may be directed to the Seller:
- at the address: Korzo 22, 51000 Rijeka, Croatia
- by phone, at: +385 992212070
- electronically by sending a message to: info@toparts.eu
- using the contact form available in the Online Store.
- The Seller undertakes to consider the complaint within 14 days.
- In case of deficiencies in the complaint, the Seller will request the Customer to supplement them to the necessary extent immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
- Complaints regarding the use of the Store, Services provided therein, and functionality may be directed to the Seller in the manner indicated in point 3 above, stating in the complaint the first and last name, correspondence address, type and description of the problem.
- In case of complaints about Services referred to in point 6 above, the Seller will consider them within 30 days.
- Products presented in the Online Store may have a manufacturer’s, Seller’s, or importer’s warranty. In case of Products covered by warranty, information regarding the existence and content of the warranty and the period for which it was granted is presented in the Product description on the Store’s website.
IX. OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS PROCEDURES
- Any disputes arising from the Agreement or provision of Services in the Online Store may be resolved through mediation or arbitration.
- A Customer who is a Consumer has, among others, the following possibilities to use out-of-court dispute resolution and claims procedures:
- is entitled to apply to consumer arbitration bodies operating in EU member states with a request to resolve a dispute arising from the concluded agreement;
- is entitled to apply to consumer protection authorities with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving the dispute between the Customer and the Seller by using free help from consumer protection organizations;
- may file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
X. PERSONAL DATA PROTECTION
- The Seller may collect personal data provided by the Customer, including in particular data provided when placing an Order and for its fulfillment.
- Personal data collected by the Seller is processed in accordance with applicable law, including the General Data Protection Regulation (GDPR) of the European Parliament and of the Council of 27 April 2016 and other applicable data protection legislation.
- The Seller makes every effort to protect the privacy of data provided and for this purpose applies appropriate physical, technical, IT, and organizational measures.
- The Seller processes personal data only on the basis of authorization to process data and only for the purpose of fulfilling the Order or Service, data archiving, and other purposes specified in these Terms and Conditions.
- Provision of personal data by Customers is voluntary. The Customer has the right to access their data, correct it, and request its deletion from the Seller. The Seller may refuse to delete Customer data only if the Customer violated applicable law or provisions of the Terms and Conditions by their behavior in the Online Store, and retention of the Customer’s personal data by the Seller is necessary to establish the Customer’s liability and circumstances of such violation.
- For the purpose of fulfilling the Order or providing certain Services, the Seller may entrust the Customer’s personal data to other entities, including in particular:
- transport company
- IT company
- accounting firm
XI. FINAL PROVISIONS
- All rights to the Online Store, including intellectual property rights to the name, domain, website, logo belong to the Seller, and their use may only take place in the manner specified and consistent with these Terms and Conditions.
- In all matters arising from the agreement concluded between the Seller and a Customer who is not a Consumer, Croatian law and applicable European Union law shall apply.
- Resolution of any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court with jurisdiction over the Seller’s registered office.
- The Seller is obliged to notify the Customer of any changes to these Terms and Conditions:
- on the main page of the Online Store, and
- electronically to the email address, if the Customer has an Account or has ordered commercial information.
- The notification will contain a summary of changes and the date of their entry into force, with this date not being less than 14 days from the notification date.