Terms of use

Terms 
These terms define the procedure of ordering, paying, delivery, return or warranty claims of products purchased on the www.divestore.hr web page. Seller is company POP d.o.o. (Poduzetnička zona - Zona imprenditoriale 13, 52100 Galižana (Pula), OIB: 13483141269, VAT No: HR13483141269), Buyer is any visitor of the web page who chooses at least one item, puts it in the shopping chart and sends the order to the Seller. Through the web page the Buyer can purchase all products that are visible on the web page of the Seller. Pre-contractual notes are in accordance to Article 57. of the Zakon o zaštiti potropšača. Product pictures and descriptions are available on the web page www.divestore.hr.
  
Visiting the web shop location
Divestore.hr conducts business as a typical web shop – visits to its premises (warehouse and offices) for purchases / payments or just to view products, on the web shop address (Valmade 58, 52100 Pula, Croatia) are not possible.
  
Prices
Valid price for each product is the one shown on the web page. Prices are subject to frequent changes and corrections, because of that the valid price is the one at the moment the product is put in the shopping chart and order sent for processing to the Seller, for a period of up to 2 working days from the moment the order has been accepted by the Seller. In case a discount is applied on a certain product – that discount will be shown on the web page. Prices shown on the web page are with croatian VAT (PDV) included and are expressed in croatian kunas (HRK, kn) while values expressed in euros (eur) are for informative purpose only.
The web page displays 2 basic prices:
a) Regular price – it is the basic price of a product. It is applied for orders received via e-mail, phone, fax or any other communication chanel other than via the web shop ordering system, and for orders placed via the web shop ordering system for payment via credit / debit cards, Paypal or cash on delivery (when applicable)
b) Web price – it is the basic price with an additional discount (5%) applied for order placed via the web shop ordering system when the choosen payment method is via bank transaction (internet banking, wire transfer etc).
 
Payment methods
The following payment methods are available:
a) Bank transactions / payment slip (internet banking, wire transfer, post office, bank etc) – using the IBAN displayed in the pro-forma / order
b) Credit / debit card – using the CorvusPay payment gateway
c) Paypal – for euro-payments, available only for non-croatian reisdents, using the Paypal account provided in the pro-forma / order
d) Cash on delivery – for products (and destinations) where this type of payment is available
The chosen payment method and price will be shown in the pro-forma / order.

Delivery and delivery cost
Products ordered on the www.divestore.hr web shop are delivered via regular postal service (HP) or using one of the many delivery companies available to us (HP Ex, DPD, inTime, GLS, Intereuropa). Products can also be picked up at the warehouse location (Valmade 58, 52100 Pula).
    During the check-out procedure the Buyer decides the delivery method. That choice automatically affects the delivery cost.
    When an express delivery (delivery other than via regular postal service) is chosen  the logistics department choses – based on delivery address, order weight and dimensions, possible delivery time etc – the appropriate delivery company.
    Special requests / notes regarding delivery can be supplied during the check-out procedure, by filling the appropriate field (Additional info) OR when pro-forma is received. Special request supplied after that time might not be fulfilled or might imply additional costs or delay in delivery.
     During check-out the web shop ordering system automatically calculates delivery cost, based on order weight / dimensions and the chosen delivery method (regular post or express delivery).
    For deliveries, via express delivery, on croatian islands Brač, Cres, Lošinj, Hvar, Rab, Pelješac, Šolta, Ugljan, Pašman, Vis and Lastovo an additional delivery fee of 35,00 kn + VAT (43,75 kn total) will be applied.
    The time needed for the delivery of an order to the Buyers depends on the following factors:
- chosen delivery method
- deliver address
- order weight, dimensions etc.

Divestore.hr, in cooperation with a number of partners (delivery companies) will always choose the quickest, cheapest and most efficient delivery method (based on chosen delivery method and type of order). In order to achieve that, and avoid unecessary delays / complications / costs it is important that the Buyer states a precise and correct addres (and contact info, including phone number) where the delivery company / postal service can deliver the order during usual delivery time (working days, between 08:00 and 16:00).
In case the Buyer gives incorrect delivery info (address and / or phone number), does not accept delivery or if delivery company is unable to find him at the provided addres – the order will be shipped back to Divestore.hr. In that case the logistics department will contact the Buyer. If the Buyer decides for a new delivery – he will be charged for it. In case the Buyers decides to cancel the order - use it's right to cancel and return the order (see article Right to cancel and return) – the delivery cost will be substracted from refund value if the chosen delivery method is not the standard one (via regular post).

Notice on ways to file a customer complaint
According to Article 10 of Zakon o zaštiti potrošača (Narodne Novine, No. 41/14) we hereby inform customers that they can file a complaint, in written form, and send it to: POP d.o.o., Valmade 58, 52100 Pula, via e-mail to info@divestore.hr or via fax on number 052/211-031. The customer will receive a written answer within 15 days of the date of filling the complaint.

Right to cancel and return order
It is the Buyers right to cancel and return an order made outside a retail store (order made via the web shop ordering system, over the phone / e-mail or other form of communication), without stating it's reasons, within the 'cooling off' period of 14 days from the day of the purchase. The 14 day 'cooliong off' period starts from the moment the order has been delivered to the Buyer or a third party appointed by the Buyer (except delivery companys). In order to be able to claim it's right to cancel and return an order the Buyer must inform the Seller (as stated in Article 72 of Zakon o zaštiti potrošača) about it's decision to cancel the order in any unequivocal way that can be stored.
    In case the Buyer uses it's right (as stated in Article 72 of Zakon o zaštiti potrošača) to cancel an order he must bear the costs of returning the order to the Seller.
    The Buyer bears all costs of diminished value of the purchased items (Article 77. of Zakona o zaštiti potrošača), such as for unpacked products, lost or damaged manuals / documents or parts, damage, crumples on product, marks of use etc), except those that were necessary to determin the nature, features and functionality of the ordered products.
    In case the Buyers, using his right to cancel and return the order, returns the order in such a way that the ordered products are returned in their original state, the Seller will issue a full refund within 14 days of the return of the order.
    The Buyer will bear all deliver costs of a canceled and returned order or delivery costs for a product change. Returns sent at the Sellers expense will not be accepted.
    In case the Buyer, using his right to cancel and return the order, returns the order in such a way that the ordered products are not returned in their original state, the Seller will reserve it's right to, after receiving the returned order, asses the value of the returned order, inform the Buyer about that value, and issues a refund accordingly. In case the order is returned with one or more products that are not functional, that are damaged or have missing parts and/or documentation and packaging, and if the Buyer is unable to deliver the missing parts in an additional 8-day period, it will be considered that the Buyer has not fullfilled his obligations concerning his right to cancel and return the order and in that case the Seller is not complied make a refund.
Excluded from the right to cancel and return the order are purchases of products made to customer specifications and as such cannot be returned to the Seller in their original form (for example: custom made suits, products cut to lenght etc) and products that the Seller does not have in it's offering but are supplied to the Buyer on his specific request.
By accepting these terms the Buyer accepts that the diminished value of a purchased product, that has been returned, will be substracted from the return value.
    The Seller guaranties to the Buyer all his rights, concerning material flaws in purchased products, that are granted to him in both Zakon o obveznim odnosima and Zakon o zaštiti potrošača. The Buyer is obligated to check a purchased product for material flaws in a customary way, or have it checked by someone else, as soon as he receives the product and notify the Seller of any possible flaws in less then 8 days, starting from the day he received the product. The Buyer is obligated to check a purchased products for damage caused by delivery and notify the person who delivered it or refuse delivery in case there is visible damage on the package, and notify about that the Seller.
    If the Buyer, after accepting delivery, discovers that any of the delivered products has some defects that could have not been found when the delivery occured, the Buyer is obligated to notify the Seller immediately.
    Warranty for the correct funcioning of sold products is given by the importer and / or the Seller. The Seller delivers orders with a receipt / invoice and, where necessary, a warranty card that guarantees the correct functioning of a product for a specific period of time. The Seller also delivers products with manuals (where necessary) and other documentation that is described by law. When accepting a delivery the Buyer is obligated to check if the order is delivered with all necessary documentation. In case there is a lack of documentation the Buyer is obligated to inform the Seller immediately after delivery has been accepted.
    The Seller requests the Buyer to leave a deposit (30% of the total value of the order) for ordering specific products that are supplied to the Buyer on his specific request. Both Seller and Buyer by accepting the order, paying a pro-forma / quote / invoice in full are accepting the purchase contract. In case some disagreements arise both Seller and Buyer will try to solve those by mutual agreement. In case that is not possible – any disagreement / legal dispute will be handled by the Commercial Court in Rijeka.

With a special EU regulation, from February 15th 2016 throughout the European Union will be possible to solve disputes concerning on-line purchases via the ODR platform that can be reached at https://ec.europa.eu/consumers/odr.    
That means that if a Buyer finds a problem during on-line purchases made within the EU (defective / non-working product, impossibility to return a product, cancel an order, get a refund etc) he can file a complaint via the above link, in a quick and easy way.
The ODR platform can be used by both the Seller and Buyers, and complaints can be filed in any of the 23 official languages of the EU.