TERMS AND CONDITIONS

TERMS AND CONDITIONS


 

1. GENERAL

1.1

These terms and conditions (hereinafter referred to as “the Terms”) apply when you, as a consumer (hereinafter referred to as “you”) visit this website (www.runningmax.org and associated websites, hereinafter referred to as the “Website”) and/or place an order through the Website. The agreement is entered into between you and Kala Presence j.d.o.o., enterprise registration number (MBS) 081050152 (OIB 78486874735). Detailed contact information and other information about Kala Presence j.d.o.o. can be found at www.kalapresence.com. Kala Presence j.d.o.o. offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all the Terms, conditions, policies and notices stated here. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. The Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

1.2

Prior to the completion of a sale, Kala Presence j.d.o.o. reserves the right to amend any image or typing errors on the Website, such as errors in the product description, incorrect pricing and price adjustments (due to changes in prices quoted by suppliers or currency fluctuations) or inaccurate information regarding whether an item is in stock. Kala Presence j.d.o.o. reserves the right to correct any such errors and to amend and update information at any time.

1.3

The Website and all contents thereon are the property of Kala Presence j.d.o.o. or its licensors. The information is protected by legislation governing intellectual property right and by marketing law. This implies that product names, images, graphics, design, layout, and information about products, services and other content may not be copied or used without prior written approval by Kala Presence j.d.o.o.

1.4

You shall not upload, distribute, or otherwise publish through this Website any content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.

1.5

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by us.

1.6

All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.

2. ORDERING

2.1

To use the Website, you must be over 18 years of age. To the fullest extent permitted by law, Kala Presence j.d.o.o. reserves the right to refuse service to anyone for any reason at any time, and, in individual cases, to reject or to change your order (for example if you provide false personal information and/or have an unacceptable credit rating).

2.2

In order to make a purchase via the Website, you must accept the Terms. By accepting the Terms, you agree to comply with the terms and conditions in their entirety, you confirm that you have read the information concerning personal data and you consent to the use of personal information and cookies in accordance with Kala Presence j.d.o.o.’s privacy policy, see here.

2.3

A purchase agreement is concluded only when Kala Presence j.d.o.o. confirms your order and you have received an order confirmation from Kala Presence j.d.o.o. by e-mail. Kala Presence j.d.o.o. recommends that you save the order confirmation for any further contact with Kala Presence j.d.o.o. customer service.

3. PERSONAL INFORMATION AND PRIVACY POLICY

3.1
You confirm that the information you have provided is accurate and complete. Kala Presence j.d.o.o. is not responsible for any incorrect information that is provided.

3.2
Kala Presence j.d.o.o. recommends that you create a user account before making any purchase via the Website. When you register your user account and/or make an order, you will be asked to provide certain personal information. You confirm that the information you have provided is accurate and complete, and that you assume responsibility for any incorrect information provided. Information regarding Kala Presence j.d.o.o.’s processing of personal data is available in Kala Presence j.d.o.o.’s privacy policy.

3.3
You undertake to ensure that no one else can use your login details. You may not reveal your password to any unauthorized person and must ensure that the username and password are filed in such a way that no unauthorized person has access to the information. You must immediately notify Kala Presence j.d.o.o. if you suspect that any unauthorized person has had access to your password. You are responsible for all purchases made using your login details if such a notification has not been submitted by you.

3.4
If Kala Presence j.d.o.o. suspects that you abuse your user account or your login details, or you otherwise violate the Terms, Kala Presence j.d.o.o. has the right to exclude you. Kala Presence j.d.o.o. also has the right to allocate new login details to you.

3.5
Kala Presence j.d.o.o. is responsible for the processing of the personal data that you provide to Kala Presence j.d.o.o.. Your data is used by Kala Presence j.d.o.o. to enable it to fulfill its obligations, such as providing good service and carrying out marketing activities, including the mailing of offers.

Pursuant to the Data Protection Act you are entitled, once a year, to request information, free of charge, concerning the personal data processed by Kala Presence j.d.o.o., regardless of how the information has been collected. If you want to receive this information, a signed request must be submitted to Kala Presence j.d.o.o.. The request must be in writing and cannot be sent by e-mail. If personal data is processed in breach of the Data Protection Act, you have the right to request that the data be corrected, blocked or deleted.

4. PRICES AND PAYMENT

4.1
When ordering through the Website to the prices listed on the Website apply. Prices include VAT.

4.2
You can pay in the manner specified on the Website. Read more about our payment system on the Website here. Kala Presence j.d.o.o. is entitled to claim payment already in connection with the order being made, unless an invoice or other similar payment arrangement has been selected by you and approved by Kala Presence j.d.o.o. In the case of payment being made on the basis of an invoice, Kala Presence j.d.o.o. or its partners are entitled to carry out a credit check. If such a check is carried out, you will be advised accordingly. Kala Presence j.d.o.o. reserves the right not always to offer all payment methods, or to change the payment method you have selected if for some reason it is not available at the time the order is made. Note that any restrictions on the payment options are listed on the Website.

4.3
Kala Presence j.d.o.o. offers secure payment options. Therefore, Kala Presence j.d.o.o. uses a payment scheme that is designed to protect the customer. Transactions conducted via SSL (Secure Sockets Layers) are encrypted, which provides very good security. To protect the customer, Kala Presence j.d.o.o. always reserves the right to check the card’s validity, that there is sufficient cover for the amount to be charged and the buyer’s address. In the case of questions relating to security or payments, the customer is welcome to contact Kala Presence j.d.o.o.’s customer service department. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

4.4

All payments will be effected in the Croatian currency (HRK). The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into the Croatian kuna according to the current exchange rate of the Croatian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated on the Website.

5. PROMOTIONS AND SPECIAL OFFERS

From time to time, Kala Presence j.d.o.o. may offer promotions on the Website that may have more favorable terms and conditions than those stated in these Terms. These more favorable terms and conditions apply so long as the promotion campaign is active and for the specific goods listed by Kala Presence j.d.o.o. in connection with the promotion. Kala Presence j.d.o.o. reserves the right, at any time, to withdraw such campaigns. Upon termination or revocation of a promotion campaign, these Terms apply without any modification. Offers on specific items on the Website apply for a limited time only and while stocks last.

6. DELIVERY AND FREIGHT

6.1

Goods that are in stock will normally be delivered within the number of days specified on the Website. The expected time of delivery of the goods will be shown in the order confirmation, on the cashier’s page and/or on the Website, but Kala Presence j.d.o.o. cannot guarantee any exact delivery dates.

6.2

If the parcel is to be collected, you should do this within the time-limit specified in the notification. You always receive a notification that shows where and when a parcel is to be collected. Such notification can be given via e-mail, regular mail, or, if you have given your phone number, by way of a phone call or an SMS. If you do not collect the parcel, Kala Presence j.d.o.o. has the right to charge you a fee of 50 HRK.

6.3
Kala Presence j.d.o.o. is responsible for the return freight for approved claims.

6.4
When goods that are subject to a complaint are returned and the claim is approved, Kala Presence j.d.o.o. will compensate you in accordance with applicable consumer protection legislation. Kala Presence j.d.o.o. seeks to do this within 30 days of Kala Presence j.d.o.o. receiving the complaint.

7. MONEY BACK GUARANTEE

7.1
When goods are purchased through the Website there is always a right to annul the order pursuant to applicable consumer protection legislation. This means that you always have the right to return your purchase for free by notifying Kala Presence j.d.o.o.

7.2
When you avail yourself of your right to regret your purchase, Kala Presence j.d.o.o. will refund the amount you paid for the items, excluding any shipping costs.

7.3
Kala Presence j.d.o.o. will refund the amount as soon as possible, but no later than 14 days after the date that Kala Presence j.d.o.o. receives your notice of execution of your right to annul the purchase. The refund will be made to you using the same payment option you selected, unless otherwise agreed, or there are obstacles to such a repayment being made.

7.4

If you have a question or complaint regarding the Website, please send an e-mail to matt.jambrovic@gmail.com.

8. FORCE MAJEURE

Kala Presence j.d.o.o. bears no responsibility for delays caused by circumstances which Kala Presence j.d.o.o. has no control over, such as general industrial disputes, acts of war, fire, lightning, terrorist attacks, amendments to government legislation, technical problems, failure of electrical/telecommunications/data communications or other communications, and errors or delays in services from subcontractors due to the circumstances stated above. These circumstances shall constitute grounds for release from liability and other sanctions. If such circumstances should arise, Kala Presence j.d.o.o. will advise you at both the beginning and the end of the period during which the situation exists. If the situation has, in fact, lasted longer than two months, both you and Kala Presence j.d.o.o. have the right to cancel the purchase order with immediate effect.

9. AMENDMENTS TO THE TERMS

Kala Presence j.d.o.o. reserves the right to modify these Terms at any time. Any amendments to these Terms will be published on the Website. Amendments apply from the time you accepted the Terms and conditions (in connection with another purchase or by visiting the Website), or 30 days after Kala Presence j.d.o.o. has informed you of the amendments. Kala Presence j.d.o.o. recommends that you keep yourself updated on the Website periodically, in order to be cognizant of any amendments to the Terms.

10. LEGISLATION AND DISPUTES

Disputes concerning the interpretation of or the application of these Terms shall be considered in accordance with the Croatian law and settled by Croatian courts of law.

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