General Terms and Conditions of Online Purchase

GENERAL TERMS AND CONDITIONS FOR USING THE ONLINE PURCHASE SERVICE

Welcome to the website and web shop www.kimnatura.hr that you can use for your private use at no charge, according to the General Terms and Conditions below. Please study them thoroughly and carefully.

By using the web pages of www.kimnatura.hr for purchase or collecting information about Kim Natura products, you acknowledge that you are aware of and agree to the application of these General Terms and Conditions of Purchase. If you do not agree with these Terms and Conditions of Purchase, please do not use the web pages of www.kimnatura.hr for purchasing products or obtaining information about them.

By accessing www.kimnatura.hr and using the site, every User undertakes to comply with these General Terms and Conditions and agrees to be subject to the provisions of these General Terms and Conditions.

Seller

The registered office of the Seller:
Kim Natura d.o.o.

Kneza Trpimira 15, Lug Samoborksi

10432 Bregana, Croatia

E-mail: info@kimnatura.hr
OIB: 13545707754
The company is registered in the Register of the Commercial Court in Zagreb – ID number 080814476
The core capital is HRK 364,000.00 and has been paid in full, Management: Director Mia Korade

Consumer

A Consumer is any legal or natural person who has placed an order and made payment in the Internet shop www.kimnatura.hr

Pre-contractual notifications

Pursuant to Article 57 of the Consumer Protection Act, the Seller shall inform the Consumer in a clear and understandable way about the following:
1. The main characteristics of the goods or services, to the extent as appropriate with regard to the good or service and the media used for transmission of the information;
2. Its name and registered office, telephone number and, if available, email address;
3. If applicable, the name and the registered office of the Trader on whose behalf and/or for whose account it acts;
4. The geographical address of its business or the geographical address of the place of business of the Trader on whose behalf and/or for whose account it acts, to which the Consumer can address their complaints, if that place is different from the registered office referred to in item 2 of this Article;
5. Retail price of the good or service, and if the nature of the good or service does not allow for the price to be calculated in advance, the manner of calculating the price and, if applicable, other costs of transportation, delivery or postal services, i.e. that these costs may be charged if they cannot be reasonably calculated in advance;
6. The cost of using means of distance communication for the purpose of signing a contract, if these costs are not charged at the basic rate;
7. The payment terms, terms of delivery of goods or provision of services, time of delivery of goods or provision of services, the manner, if any, of resolving consumer complaints by the Trader;
8. Terms and conditions, deadlines and procedure for exercising the right to unilateral termination of the contract as well as about the form of unilateral termination of the contract in line with Article 74, paragraph 1 of this Act, in cases where this right exists;
9. The Consumer shall have to pay the costs of returning the goods in case it exercises its right to unilaterally terminate the contract under Article 72 of this Act, i.e. the costs of returning the goods when, in case of distance contracts, they cannot be returned by post in the usual way due to their nature;
10. In the event that it exercises its right to unilaterally terminate the contract under Article 72 of this Act, after filing a claim in accordance with Article 64 or Article 70 of this Act, the Consumer shall be required to pay to the Seller a reasonable portion of the price in line with Article 77 paragraph 7 of this Act;
11. The Consumer may not use the right to unilaterally terminate the contract under Article 72 of this Act in cases where that rights is excluded pursuant to Article 79 of this Act, i.e. about the preconditions under which the Consumer loses their right to unilaterally terminate the contract;
12. Existence of liability for material defects;
13. Services or assistance that are offered to the Consumer after the sale and terms of the use of such services or assistance, if the Trader offers them, as well as about possible guarantees that are issued with the goods or services;
14. Existence of appropriate rules of procedure of the Trader, as defined in Article 5, point 18 of this Act;
15. Duration of the contract, if the contract was made for defined time, or the conditions of cancellation or termination of the contract made for indefinite time, or which is automatically extended;
16. The minimum time, if any, by which the Consumer is bound by the contract;
17. Deposit or other financial security that the Consumer is required to pay or to obtain at the request of the Trader, as well as the terms of payment of this deposit, and the terms of obtaining other financial security;
18. If applicable, the functionality of digital contents, including the necessary measures of technical protection of those contents;
19. If applicable, interoperability of the digital contents with computer or program equipment which the Trader is aware or should be aware of;
20. Mechanisms for out-of-court settlement of disputes, or systems for reimbursement and the way the Consumer can use them;

All the above notifications, i.e. those that are necessary under the Consumer Protection Act, can be found in these Terms and Conditions of Purchase on the website www.kimnatura.hr.

Invoice/Certificate on Signed Contract

An invoice that the Customer will receive along with the ordered goods shall be confirmation of the signed contract and contains all the necessary information referred to in Article 57 of the Consumer Protection Act.

Rules of Conduct of the Trader

These Terms and Conditions of Purchase shall be the rules of conduct by which the Trader undertakes to act in its business practices.

Prices

Prices are be given in HRK inclusive of VAT. Prices, terms of payment and special promotional offers are valid only at the time of an order and are subject to change without prior notice.

Orders

Ordering goods online shall be available 24 hours a day, 7 days a week.
You can order as both registered and unregistered user.
All products listed in the internet shop www.kimnatura.hr are on stock and available for order in limited quantities. If a particular product is not available, the Customer will be notified and will be offered the most similar replacement product or refund of money.
The Customer shall be responsible for the accuracy and completeness of data entered during registration and placing an order.

Special promotional sale and discount codes

Kim Natura d.o.o. will periodically, at its discretion, put certain products on promotional sale. These products shall be available under the same conditions to all Customers or shall be available to Customers of a certain, precisely specified group.

After the expiry of the promotional sales, Kim Natura d.o.o. shall not accept new orders on terms that are related to the promotional sales that have expired.

Privacy Policy

In line with the provisions of the Consumer Protection Act (“Narodne novine” No. 41/14), Article 11, Kim Natura d.o.o. shall not disclose personal data of Customers to a third party without express and written approval of the Customer and shall only collect basic information about customers/users.

We are committed to applying maximum security measures with a purpose of protecting the interests of Customers and preventing possible misuse of information. In the process of the purchase, we will use only the information that is necessary.

Regular Customers are given a choice about the use of their data, including the possibility to decide whether they want their name to be removed from the lists that are used for marketing campaigns or not.

All information about Customers is strictly confidential and is only available to those employees who need this data in performing their duties and shall not be sold, disclosed or given to a third party. All employees are responsible for respecting the privacy protection principles.

Use of cookies

For better user experience and improving quality, this website stores small text files called cookies on your computer. More than 90% of all websites use cookies, however, according to the Directive of the European Union of 26 May 2012, we have an obligation to request your consent before storing cookies. By using this website, you give your consent for the use of cookies.
You can block the cookies and still view the page but this can lead to a situation where certain functions of our website can no longer be fully used. We emphasise that in no case will persons that
are behind this data be identified or personal data collected.

1. What is a cookie?

A cookie is a text file that is stored on your computer when you visit websites. They
enable identification of the user on a repeated visit of the site, and store your settings and settings for the website.
Cookies can store a wide scope of information. This information can be stored only if the user
enables it – websites may not get access to information that the user did not give to them and may not obtain access to other files in the user’s computer. We emphasise that in no case will persons that
are behind this data be identified or personal data collected. Using corresponding settings on the Internet browser, you can delete and block cookies but this can lead to a situation where certain functions of our website can no longer be fully used.

2. How to disable cookies?

By turning off the cookies you decide whether to allow storing them on your computer. You can control and configure the cookie settings on your Internet browser. For information about cookies settings,
select the web browser that you use: Chrome – Firefox – Internet Explorer – Opera – Safari.
By disabling, i.e. blocking the cookies, you can still view our websites, but the
blocking can lead to a situation where certain functions of our website will no longer be fully usable.

Terms of delivery

Shipment and delivery of packages shall be possible in the following ways:

1.Delivery to the address by the courier service

You can read below more about each way of shipment and delivery.

DELIVERY PRICE LIST

Courier service – working day (orders up to HRK 300.00):	HRK 15.00
Courier service – working day (orders above HRK 300.00):	FREE OF CHARGE

Delivery prices are valid only on the territory of Croatia.

General terms of delivery and taking over the package

Orders and payments received from Monday to Friday until 02:00 p.m. shall be dispatched on the same day.
Orders and payments received on Friday after 02:00 p.m., on Saturday and Sunday shall be dispatched on Monday.
The delivery shall be made in accordance with the schedule specified in each of the following ways of shipment and delivery.
The time of dispatch and shipment/delivery of packages in case of holy-days and public holidays shall be shifted to the first working day.
If you want delivery on a specific date, please specify it in a note while you are ordering.
The products shall be packaged in such a way that the usual manipulation in transport does not damage them. When receiving the shipment, the Customer shall be obliged to check for any EXTERNAL damages to the shipment, i.e. the package and immediately complain to the deliverer, or refuse to take delivery on which major external damages are visible. In such a case, please contact us so that we check the status of shipment and send a new one as soon as possible.

Terms of return, complaints and replacements

Simple returns

If you are not satisfied with the product you ordered, you may return it with full refund of the amount paid, including the amount of the delivery if charged (only for the return of the entire order).

All products that are returned should have been unused or unopened in their original packaging.

The cost of delivery to our warehouse for products that you return shall be borne by you (by mail or a courier service), except in case of return or replacement of defective products when all the costs are borne by us. For the return of unused and unopened products to our warehouse, please contact us in advance by email: info@kimnatura.hr

Notes
• Returns and replacements must be agreed in advance
• If you want refund, it is necessary to enclose the goods that meet the requirements for return with a copy of the invoice and the account number (IBAN) on which to execute the refund
• The refund shall be made in accordance with the law within 14 days (Consumer Protection Act), i.e. after we receive the product in the warehouse.
• When returning a product, the Customer shall be responsible to pack the product(s) suitably in a cardboard box in order to prevent damages to the product during the transport. If damage occurs because the Customer failed to protect the product during packaging (e.g. returned products are wrapped in plain paper or a bag) – refund or replacement shall not be accepted.
• The return of goods to us should be made without delay and at the latest within 14 days from the day when you declared unilateral termination of the contract.

Damages during delivery, wrong products, defective products

In the event of damage during shipment, incorrectly delivered goods or if the product that you received is defective (manufacturing error), please contact us (by email) within two working days of receiving the shipment. We will solve all complaints as soon as possible. In these cases Kim Natura d.o.o. shall cover all the costs for the replacement of the product.

Right to unilateral termination of the contract (excerpt from the Consumer Protection Act, Article 72)

(1) The Consumer has the right, without giving reasons, to terminate unilaterally a contract concluded outside the business premises or concluded at a distance within 14 days.
(2) In case of a purchase contract, the period referred to in paragraph 1 of this Article shall commence from the day when the goods that are the subject of the contract have been given in possession of the Consumer or a third party designated by the Consumer, which is not the carrier.
(3) If the Consumer ordered in one order several pieces of goods that should be delivered separately, i.e. if the goods that should be delivered in several pieces or several shipment is involved, the period referred to in paragraph 1 of this Article shall commence on the day when the last piece or the last shipment of goods is given in possession of the Consumer or a third party designated by the Consumer, which is not the carrier.
(4) If regular delivery of goods through a specified period has been agreed, the period referred to in paragraph 1 of this Article shall commence on the day when the first piece or the first shipment of the goods are given in possession of the Consumer or a third party designated by the Consumer, which is not the carrier.
(5) In case of concluding a service contract, a contract for the supply of water, gas or electricity sold in unlimited volume or unlimited quantity and supply of thermal energy, as well as in case of concluding a contract whose subject is digital content that is not supplied on a physical medium, the period referred to in paragraph 1 of this Article shall commence on the day of conclusion of the contract.

Form for unilateral termination of the contract

You can fill out and send electronically a copy of the form for unilateral termination of the contract which is provided on our website. We shall provide you with confirmation of the receipt of notification on unilateral termination of the contract without delay by email. You can download the form for unilateral termination of the contract here(pdf). ?????
Instructions for unilateral termination of the contract
• The contract may be terminated unilaterally within 14 days without giving any reasons.
• In order to exercise the right to unilaterally terminate this Contract, you should notify us of your decision on the unilateral termination of the contract before the expiry date and you should do that with an unambiguous statement sent by mail or email, in which you state your name and surname, address, telephone number and email address, and you can also use the enclosed sample form for unilateral termination of the contract.
• The deadline for unilateral termination is 14 days from the date when the good that is the subject of the contract has been given to your possession or possession of a third party designated by you, which is not the carrier.
• If you terminate this Contract unilaterally, we will refund the money we received from you, including the costs of delivery, without delay, and no later than within 14 days after we received your decision on the unilateral termination of the contract, unless you chose a different type of delivery which is not the cheapest standard delivery that we have offered.
• The refund of the money shall be made in the same way as you made the payment. In case you agree to another way of refunding the amount paid, you shall not bear any costs in relation to the refund.
• We may make the refund of the money only after the goods have been returned to us or after you have provided proof that you have sent the goods back to us.
• It will be considered that you have fulfilled your obligation on time if you have sent the goods to our address before the expiration of the aforementioned period.
• You have to bear by yourself the direct costs of returning the goods.
• You are responsible for any impairment of value of the goods as a result of handling the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods.

Obligations of the Consumer in case of unilateral termination of the contract (excerpt from the Consumer Protection Act, Article 77)

(1) Unless the Trader has offered to take by itself the goods that the Consumer is returning, the Consumer should return the goods without delay and not later than within 14 days from the date when, in accordance with Article 74 of this Act, he notified the Trader of his decision to terminate the contract.
(2) It will be considered that the Consumer has fulfilled his obligation under paragraph 1 of this Article on time if prior to the deadline referred to in paragraph 1 of this Article he sends the goods or hands them over to the Trader or to a person authorised by the Trader to receive the goods.
(3) The Consumer has to bear only the direct cost of returning the goods unless the Trader has agreed to bear those costs or if the Trader failed to inform the Consumer that he is obliged to bear these costs.
(4) If, for contracts concluded away from the business premises, at the time the contract was concluded the goods were delivered to the Consumer at his home, the Trader should take the goods at its own expense if the goods cannot be returned in the usual way by mail due to their nature.
(5) The Consumer shall be responsible for any impairment of value of goods as a result of handling the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods.
(6) Notwithstanding paragraph 5 of this Article, if the Trader has not informed the Consumer of his right to unilaterally terminate the contract in accordance with Article 57 point 8 of this Act, the Consumer shall not be responsible for the impairment of value of the goods, irrespective of the cause for impairment of the value of goods.
(7) If the Consumer terminates the contract unilaterally after, in accordance with Articles 64 and 70 of this Act, he expressly required that the provision of services or performance of the contract for the delivery of water, gas, electricity sold in unlimited volume or unlimited quantities and delivery of thermal energy commenced before the deadline for unilateral termination of the contract, the Consumer shall be required to pay to the Trader a part of the agreed price that is proportional with what the Trader has fulfilled for the Consumer up to the moment when the Consumer informed it that he is using his right to unilaterally terminate the contract, provided that the proportionate amount of the price that the Consumer is obliged to pay is calculated based on the total agreed price and if the price is excessive, based on the market value of what the Trader has fulfilled for the Consumer.
(8) If the Consumer unilaterally terminates the contract on provision of services or the contract for the delivery of water, gas, electricity sold in unlimited volume or unlimited quantities and delivery of thermal energy, the Consumer shall not be obliged to pay a part of the price that is proportional to what the Trader has fulfilled for the Consumer during the period for unilateral termination of the contract, if the Trader did not provide information to the Consumer stipulated by the provisions of Article 57 paragraph 1 points 8 and 10 of this Act, i.e. if the Consumer has not, pursuant to Articles 64 or 70 of this Act, explicitly requested that the provision of services commenced before the expiry of the deadline for unilateral termination of the contract.
(9) If the Consumer unilaterally terminates the contract whose subject is the digital content that is not supplied on a physical medium, the Consumer shall not be obliged to pay a part of the price or costs proportionate to what the Trader has fulfilled for the Consumer during the period for unilateral termination of the contract, if he has not given his explicit consent for the fulfilment of the contract to commence before the expiry of the period of 14 days referred to in Article 72 of this Act, if he has not confirmed that he is aware of the fact that by giving such consent he loses the right to unilateral termination of the contract or if the Trader failed to inform him in accordance with Articles 63 or 69 of the Act.

Exclusion from the right to unilaterally terminate the contract (excerpt from the Consumer Protection Act, Article 79)

The Consumer shall not have the right to unilaterally terminate the contract from this section if:
• The Trader has completely fulfilled the service contract, and the fulfilment started with explicit prior consent by the Consumer and with his verification that he is aware of the fact of losing the right to unilateral termination of the contract under this section if the service is completely fulfilled.
• The subject of the contract is the goods that are made to the Consumer’s specification or are clearly tailored to the Customer.
• The subject of the contract is perishable goods or goods whose shelf life expires in a short time.
• The subject of the contract is sealed goods that due to medical or hygienic reasons are not suitable for return, if they were unsealed after the delivery

The Consumer shall be obliged to bear the costs of returning the goods in the warehouse of the company Olival d.o.o. in case they exercise their right to unilaterally terminate the contract under Article 72 of the Consumer Protection Act.

Liability for material defects

Kim Natura d.o.o. shall be liable for material defects of things sold on its websites in accordance with the Croatian legislation, especially the Law on Obligations.

Out-of-court settlement of consumer disputes

In case of a dispute between the Consumer and the Trader, an application can be filed to the Court of Honour of the Croatian Chamber of Commerce or recommendation for reconciliation to the centres for reconciliation.

Statement on delivery and sending the package

More than 95% of packages sent by www.kimnatura.hr (Kim Natura d.o.o.) are delivered in accordance with the schedule of the delivery service by which they are sent. Kim Natura d.o.o. employees invest all possible efforts for the delivery and the sending of packages to be performed according to the schedule. www.kimnatura.hr (Kim Natura d.o.o.) cannot at any time be held responsible for delays in the delivery caused by the delivery service or “force majeure”.

Submission of Consumer complaints

Pursuant to Article 10 of the Consumer Protection Act, we inform Customers that a complaint concerning quality of our services may be submitted in writing (by mail) to the following address: Kim Natura d.o.o. Kneza Trpimira 15, Bregana 10432 or to the e-mail: info@kimnatura.hr. We shall return the reply to your complaint in writing within 15 days from the date of receipt of the complaint. Please note your data: name and surname, address for replies in your complaint.

Copyright

Websites www.kimnatura.hr are the property of the company Kim Natura d.o.o. All content on www.kimnatura.hr such as texts, graphic contents, trademarks (logos), icons, audio and video clips, digital downloads, software packages and data are the property of Kim Natura d.o.o. or our partners and are protected by national and international regulations on the protection of copyright and related rights i.e. the industrial property rights, and their unauthorised use is violation of regulations on the protection of intellectual property rights.

Information on Kimnatura.hr internet shop

Kim Natura d.o.o. makes maximum efforts to maintain the information on the pages of the Internet shop up-to-date and accurate. Kim Natura d.o.o. cannot guarantee one hundred percent the accuracy of all information displayed on products and services. In exceptional cases, deviations of actual data and data available on the website are possible. Kim Natura d.o.o. undertakes, in each such case, to revise the order and contact the Customer to agree personally on alternatives. Also, the product photographs do not always necessarily match the products that are actually available and should be regarded only as informative illustration.

Accessibility of the Kimnatura.hr internet shop

Disclaimer

Kim Natura d.o.o. cannot accept responsibility for any damage caused by the use of information obtained from these pages for purposes that go beyond the scope of their intended purpose.
By accessing this website, the service provider/owner and creator of this website Kim Natura d.o.o. is released of any liability that may arise from improper use of the product from this website. All products sold on this website are considered the genuine products and the supplier and the owner of this website Kim Natura d.o.o. cannot be held responsible for any harm or injury resulting from the use of products purchased through this website.
All contents on this website have informational or educational character. Consult a doctor/physician regarding the applicability of any opinion or recommendation with respect to your symptoms or illness.
All products available through this website shall remain the property of the supplier, the owner of this website Kim Natura d.o.o., until the moment of complete payment of the purchase price.
The end user expressly agrees that use of the website www.kimnatura.hr. is solely the responsibility of the end user so the company Kim Natura d.o.o. does not guarantee (i) for the consequences that may result from using this website. Kim Natura reserves the right to deny service or cancel an order at its discretion, without limitation or stating reasons.

Methods of payment

Payment to www.kimnatura.hr is possible in the following ways:

Cash on delivery– 1.(redemption) paying of cash at taking the goods
By cards – online–2.WSPay system for online payment

Cash on delivery – cash

If you want to pay to the courier when you receive the package, please when ordering, choose payment in cash on delivery.

By cards online

www.kimnatura.hr enables its Consumers to pay with the following credit and debit cards:

Credit cards:
• American Express
• Mastercard
• Visa
• Diners Club

Debit cards
• Maestro

Kim Natura d.o.o. online shop – www.kimnatura.hr uses WSPay for online payments.

WSPay is a secure system for online payments, real time payments, by credit and debit cards and other payment methods. WSPay provides safe entry and transfer of recorded data on the cards to the Customer and the Trader which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses the SSL Certificate with 256 bit encryption and TLS 1.2 encryption protocol as the highest levels of protection at registration and data transfer.