General Terms and Conditions of Sale

General Terms

The General Terms and Conditions govern the relationship between the Buyer and Nicholas shoes Web Store in connection with the product ordering process, product prices, payment terms and conditions, delivery of products and the Buyer's right to object in writing to Nicholas shoes Web Store products and services, the right to terminate the contract, deliver the product  and other services that the Nicholas shoes Web Store offers, the protection of personal and other information, and other issues relevant to entering into an Online Sales Agreement.

The Consumer Protection Act, the Electronic Commerce Act, the Obligatory Relations Act, and other applicable regulations of the Republic of Croatia shall apply to the business conditions.

Nicholas shoes web store reserves the right to change the Terms and Conditions at any time.  All changes will be posted through the Nicholas shoes web site and will be effective as soon as they are posted on the site.  Any changes to the Terms will apply to purchases made after those changes are posted.

By using the Nicholas shoes Web Store, you agree to abide by the following General Terms and Conditions. 

Prior to the purchase, the Buyer declares that they have read these General Terms and that they accept them, while upon confirmation of the order they will be delivered to the Buyer as the content or attachment of an e-mail confirming that the contract has been concluded.

These Terms and Conditions are considered to be an integral part of any Purchase Agreement entered into between the Buyer and Nicholas shoes Web Store.


Trader - Nicholas shoes webshop


Merchant Name: P. Palić d.o.o.
Headquarters: Teslićka ulica 21/1, 10040 Zagreb, Hrvatska
Contact number: 098/204035
Registered with the Commercial Court in Zagreb under MBS: 080129763
Share capital paid in full HRK 20.000,00
Giro account:  HR21 2360 0001 1013 0889 2, Zagrebačka banka d.d.
VAT: HR70138850459

Online retailer  www.nicholasshoes.hr acts on its own behalf.
Products can be purchased outside the borders of the Republic of Croatia.


The customer

Product buyer is any natural person who purchases products through the Nicholas shoes web store as regulated by these General Terms and Conditions, which selects at least one product, inserts it into a shopping cart, pays with a credit / debit card, or chooses to pay a credit and send an order to Nicholas  shoes to a web store or merchant.

The buyer can only be an adult and a capable person.  Contracts on behalf of and for the account of minors and persons with complete disability may be concluded by their legal representatives or guardians.  Partially able-bodied persons may conclude the contract only with the consent of their legal representative or guardian.  The Merchant shall not bear any responsibility for acting contrary to this provision.


Prices

Through the online store   www.nicholasshoes.hr the Buyer is enabled to buy part of the product range which is available on the Nicholas shoes web store.

All prices are retail prices and are expressed in kunas (HRK) and include VAT and are valid for all payment methods at the time of purchase. The above retail prices are only valid for the purchase of products through an online store and may differ from the retail prices at the stores.  Retail prices apply in the case of payment by the methods below and under the conditions set out below.

Prominent retail prices are valid when order is received.
Special offers are valid at the time of order and are subject to change without notice.


Pictures and product information

Pictures and descriptions may not necessarily be identical to the product. Nicholas shoes web store reserves the right to make mistakes in the description and pictures of the product.
Discrepancies in color and material that are common in the market remain adhered to.  The usual deviations in decoration and decoration are also respected, given the small variations in the performance of the material samples, especially regarding the color tone, since the samples or models are shown to the customer only for the purpose of informing and approximating the characteristics of the goods, without guaranteeing equality.

Nicholas shoes Web Store or Merchant is committed to ensuring that information on the Website is up to date and accurate, especially in relation to the price of the products and services offered.  The Merchant is responsible for any errors in the product description, images, and errors made when changing prices and updating pages.

In the event of such a mistake, and especially if the price displayed on the website for any reason would not correspond to the actual price of the product, the Merchant shall immediately notify the Buyer of the same and allow him to cancel or change the order.

Should the Buyer decide to cancel the order of the product, Nicholas shoes Web Store will return the paid money to the Buyer as soon as possible and no later than 14 days after the Buyer's notice of cancellation of the order.


User Registration and Product Ordering

Products are ordered electronically, and the product can be ordered by a registered user and an unregistered user - guest.  Registration is done by creating an account.  Registration is free.  When registering, the user creates a username and password.  The User is responsible for all actions and orders performed under his username.
The registered user/buyer is responsible for the accuracy and completeness of the information entered during registration and purchase.  An unregistered user can also order products by filling out the required information and placing an order.

The product is ordered via cart.  When the Purchaser orders the Contract has been concluded, Nicholas shoes Web Store will email the Purchaser with notice of the conclusion of the Contract by submitting an Email Order Confirmation.  The order confirmation contains information about the order, delivery address, payment method, price/price, the contact information of Nicholas shoes web store and other information in accordance with the Law.  With the confirmation of the order, the Buyer will also be provided with the General Terms and Conditions of Online Commerce and the Notice on the Right to Unilaterally Terminate the Contract, which is an integral part of the Form on the Right to Unilaterally Terminate the Contract, and by accepting these Terms, the Buyer expressly agrees to be given the General Terms and Conditions and Notice of Right  for unilateral termination of the contract, which is an integral part of the Form for the right to unilaterally terminate the Delivery Contract in an aforementioned manner, ie by e-mail.

After sending the order confirmation, the Customer can only change the order by contacting Customer Service at: nicholasshoes.webshop@gmail.com.

At the Nicholas shoes Web Store, the Buyer can pay for their order by clicking "Buy".  The cart will then see the total amount of the purchase (including the cost of additional services: shipping and VAT included). 

Nicholas shoes web store will deliver products to Buyer in quantity ordered if available.

In case Nicholas shoes web store is not able to deliver a specific product within the scheduled time because the ordered product is not in stock or can no longer be ordered from the supplier, Nicholas shoes web store will notify in writing the delivery delay of the ordered goods by electronic mail  Buyer, who may cancel the order of the product or possibly accept a new delivery time.

Should the Buyer decide to cancel the product order, the Nicholas shoes Web Store will return to the Buyer the money paid as soon as possible and no later than 14 days after the delay.


Delivery/pickup of goods

The cost of delivery in the territory of the Republic of Croatia is free 
Delivery of goods is made by GLS Croatia d.o.o.

Upon readiness of the goods for delivery or downloading, Nicholas shoes webshop sends to the Buyer by e-mail a Notification of the readiness of the goods for delivery.

Delivery of the purchased product is made to the shipping address provided when ordering.
The delivery of the product to the Buyer is done only on weekdays.

Products can be purchased outside the borders of the Republic of Croatia.
Delivery of ordered goods for BiH, Serbia, and Montenegro is charged 180,00 kn (VAT included).  Delivery of ordered goods for all other EU countries is charged 100,00 kn (VAT included).
The delivery of goods is made by employees of HP-Hrvatska Pošta d.d. and GLS.

Delivery time for available goods in e-commerce is from 2 to 14 business days, except for products for which the Buyer has been informed about different delivery time.
The deadline for delivery begins after the receipt of the order receipt, or after the Buyer receives a receipt on receipt of his order.
Saturdays, Sundays, public holidays and non-working days are not counted towards the delivery time.
In the event that the Buyer refuses to receive the correct and undamaged goods ordered by him, Nicholas shoes Web Store has the right to deduct from the amount of the purchase price paid the number of direct shipping costs.


Payment

The ordered products and services can be paid by the buyer in one of the following ways: 
1) Cash on delivery
2) Credit and debit cards: MasterCard, Maestro, VISA, American Express, Diners, via the T-Com Pay Way system.


The buyer pays his order by clicking „Buy“. The buyer then sees in his cart the total amount of the purchase (including the cost of shipping and/or assembly of the product if he has selected the services listed and VAT included).


Payment security


T-Com Pay Way applies the latest standards in data protection - Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm.
The ISO 8583 protocol ensures that the data exchange between the T-Com system and the authorization centers of the card companies is carried out in a private network, which is protected from unauthorized access by a double layer of "firewall" (firewall).


Conversion statement

1.1.  For Users (customers) who are domiciled or domiciled or headquartered outside the Republic of Croatia and pay in a currency other than Croatian Kuna (HRK, all payments will be made in Croatian Kuna (HRK) and the amount for which the User's credit card will be charged  are converted from the euro (€) to the Croatian kuna (HRK) through the conversion of the Croatian National Bank's exchange rate through the conversion.
 
1.2.  When making a payment with the User's credit card, the same amount is converted to the local currency of the User according to the valid exchange rate of the Card Association.  As a result of the price conversion, there is a possibility of a slight difference in the amount compared to the original price displayed on our website.


Privacy Statement

The Nicholas shoes Web Store is committed to protecting the personal information of customers by collecting only essential, basic customer/user information necessary to fulfill our obligations;  informs customers on how to use the information they collect, regularly gives customers the choice of using their information, including the ability to decide whether or not their name should be removed from the lists used for marketing campaigns.

All customer information is strictly kept and is only available to employees who need it.  All Nicholas shoes Web Store employees and business partners are responsible for upholding privacy principles.


Liability for product defects

The retailer or Nicholas shoes web store is responsible for the material defects of the things it sells on its site in accordance with positive regulations, in particular, the Law on Obligatory Relations of the Republic of Croatia and the Law on Consumer Protection.


Complaints

Complaints must be submitted via email: nicholasshoes.webshop@gmail.com
The complaint filing by electronic mail should contain the heading ADVERTISING ON ORDER (order no.).
The products ordered are packaged in such a way that they are not damaged by the usual handling/shipping manipulation.

In case the shipment is damaged during transport, such damage is visible when picking up the shipment, in which case the Buyer is not obliged to take the shipment.

In case the defects are the result of improper delivery, storage or other improper operations of the buyer, the buyer is not responsible.

The exercise of the rights under the reported complaint is realized in accordance with the Law on Consumer Protection and the Law on Obligations.


Cancellation and Termination of Contract

The Buyer may cancel the order at any time up to the time of delivery of the product to the Buyer by sending an order cancellation statement by email to: nicholasshoes.webshop@gmail.com.
If the order is canceled before the products leave the Merchant's warehouse, the Buyer is entitled to claim a refund of the total amount paid for the Products and other selected services.

Upon cancellation of the order, the Buyer will receive an Order Cancellation Certificate by email.


The right to terminate a contract under Section IV, Article 72 of the Consumer Protection Act:

The buyer has the right not to state the reasons, unilaterally terminated the contract concluded outside the premises or concluded remotely within 14 days.

The period in question begins to run from the day on which the goods or the subject matter of the contract are handed over to the buyer or to a third party designated by the buyer who is not the carrier.

If by one order the buyer has ordered more pieces of goods to be delivered separately, or in the case of goods that are delivered in several pieces or more shipments, the period starts to run from the day when the buyer or a third party as designated by the buyer and is not  carrier, leased out last piece or last shipment of goods

If the Seller or Nicholas shoes Web Store does not notify the Buyer of the Buyer's right to unilaterally terminate the contract, this right shall terminate within 12 months of the expiration of the termination period (the 12-month period shall begin to expire after the expiry of the 14-day period provided for regular termination in the event of  orderly information).  If, however, the notice of the right to unilateral termination is delivered within 12 months, the right to unilateral termination is terminated upon expiration of 14 days from the date of receipt by the Buyer.

The Buyer is obliged to inform the Merchant of its decision to terminate the Contract before the expiry of the deadline for unilateral termination of the contract, through the Form for unilateral termination of the contract, which can be   found here or by any other unambiguous statement expressing its will to terminate the contract, sent by e-mail to  Merchant: nicholasshoes.webshop@gmail.com or by registered mail at Merchant Headquarters: Teslićka 21/1, 10040 Zagreb, Croatia.

A copy of the one-way termination form provided on the Merchant's Website may be completed and sent electronically by the Buyer.

The Merchant is obliged to immediately send to the Consumer the acknowledgment of receipt of the Declaration of termination by electronic mail, which the Buyer states in the Form or in the Statement of Termination.

The buyer is obliged to send the contract termination statement before the expiry of the contract termination period.

The buyer is obliged to return the goods without delay, not later than 14 days from the day when he informed the merchant of his decision to terminate the contract
The buyer is obliged to bear the direct cost of returning the goods in the amount of HRK 30.00.
The Merchant agrees to return to the Buyer the full amount of the funds paid within fourteen (14) days upon receipt of the written notice of termination of the contract.
The Merchant is not obliged to make a refund of the goods paid before the goods delivered to the Buyer are returned, unless he has offered to pick up the goods returned by the Buyer, that is, after the consumer has provided him with proof that he has sent the goods back to the Merchant, if the Merchant had been informed thereof before  receipt of goods.

The Merchant agrees to make a refund by using the same means of payment used by the Buyer when making the payment unless the Buyer expressly agrees to another payment method and assuming that the Buyer is not obliged to pay any additional costs for such a refund.

In accordance with Article 77, paragraph 5 of the Consumer Protection Act, the buyer is responsible for any impairment of the purchased product resulting from the handling of the purchased product, except for what was necessary to determine the nature, characteristics, and functionality of the goods.


Exclusion of the right to terminate the contract

The buyer is not entitled to termination in the cases prescribed by Article 79 of the Consumer Protection Act, and in particular if:
- the subject matter of a contract for goods or services the price of which depends on changes in the financial market that are outside the influence of the trader and which may occur during the term of the consumer's right to unilaterally terminate the contract;
- the object of the contract is goods which are made to the specification of the consumer or which are clearly adapted to the consumer.


Contract duration

The contract entered into by the Buyer with the Merchant is a one-off contract for the purchase of distance products consumed by the delivery of the goods and payment made by the buyer in case it is not terminated.  These Terms of Purchase are an integral part of the agreement.


Customer's written complaints and disputes

Customer's written complaints and disputes
 These General Terms and Conditions are made in accordance with the Consumer Protection Act and other regulations of the Republic of Croatia.  Buyers may submit their written objections to the Seller's products or services directly at the premises at the Seller's headquarters or send them to the Seller's address: P. Palić doo, Teslićka 21/1, 10040 Zagreb, by mail or e-mail:
 nicholasshoes.webshop@gmail.com as stated in Seller information.
The Seller is obliged to confirm without delay that the Buyer's written complaint has been received, and not later than 15 (fifteen) days after the receipt of the written complaint to the same.

In the event of a dispute between the Buyer and the Merchant, an application may be made to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Trades and Crafts or a proposal for conciliation at conciliation centers.

In the event of a dispute between the Buyer and the Merchant, they shall endeavor to resolve the matter by agreement and by peaceful means, otherwise, the Court of Zagreb shall have jurisdiction.

In accordance with regulation no.  524/2013 of the European Parliament and of the Council, there is an obligation for merchants participating in online sales contracts to provide on their site an electronic link to the online consumer dispute resolution platform.  Consumer online dispute resolution platforms can be accessed by the buyer via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR


Contact:


P. Palić d.o.o. 
Teslićka 21/1
10040 Zagreb
Phone.: +385 (0)99 5080 644
OIB: 70138850459

Registered with the Commercial Court in Zagreb under MBS number: 080129763
Share capital paid in full HRK 20.000,00

IBAN: HR2123600001101308892
VAT: HR70138850459