- INFORMATION ABOUT THE MARKETPLACE SERVICE PROVIDER
The service provider of the Lokl.hr portal is LOKL Dizajn Market doo for services in Zagreb, OIB: 85212629376, (hereinafter: LOKL Dizajn Market).
Information related to the services of the Lokl.hr portal can be obtained by e-mail to the address: [email protected]
- DEFINITIONS
Except if it is a sentence otherwise stated in these General Conditions , concepts which are used they have the following meaning :
” Marketplace” : means the internet portal www.lokl.hr with all sub-domains and websites through which Sellers can offer Products based on these General Terms and Conditions;
“General terms and conditions” : means these general terms and conditions of business;
“Product”: means the Seller’s product;
“Seller” : means a legal and/or natural person who is engaged in the production and/or sale of Products and advertises and sells its Products through the website www.lokl.hr;
“Buyer/User”: means a legal and/or physical (adult and legally capable) person who buys the Seller’s Products;
“Agreement on the purchase and sale of products” : also means the Distance Agreement; concluded between the Buyer and the Seller when lokl.hr and the Seller receive an electronic message containing the statement of the Buyer as the offeree accepting the offer;
- IN GENERAL
These General Terms and Conditions govern the relations between the Buyer, the Seller and the Marketplace in relation to the purchase conditions and procedure, product prices, payment method, termination of the contract and return of goods, delivery, and other issues related to the use of the marketplace and online shopping.
These General Terms and Conditions apply only in the case of purchases through the Marketplace, and not when the Buyer contacted the Seller directly.
These General Terms and Conditions have been drawn up in accordance with the positive regulations in force in the Republic of Croatia and together with the information published on the website lokl.hr.
LOKL Dizajn Market reserves the unlimited right to change, supplement or replace these General Terms and Conditions. Any change in these General Terms and Conditions published on this website immediately becomes valid, and any further use of the content and services by the User automatically implies acceptance of the change in the General Terms and Conditions.
These General Terms and Conditions are available in Croatian and English.
- CONDITIONS AND PROCEDURE OF SALE
By opening a Seller Account (registration), the Seller agrees to these General Terms and Conditions and chooses one of the three Sales Plans and agrees to their terms.
The Seller independently determines the Products that he offers in his online store on the Marketplace, both for distance Contracts and for Reservations, and independently determines and changes the prices of the Products.
Each Seller undertakes to respond to an inquiry in the Availability Check procedure without delay, and no later than:
until 2:00 p.m. on the same day if the inquiry was submitted to the Seller on a working day by 12:00 p.m.,
until 8:00 p.m. on the same day if the inquiry was submitted to the Participant on a weekday from 12:00 p.m. to 7:00 p.m.,
until 10:00 a.m. the next working day if the request was submitted to the Participant on a working day after 7:00 p.m.
Each Seller is responsible to the Buyer for the material and legal defects of the Product it sells, and authorizes the Marketplace to receive reports about Product defects, as well as to receive statements about unilateral termination of the Remote Contract in accordance with the Consumer Protection Act.
By registering, the Seller agrees not to send Marketplace customers to his website and undertakes that the prices of his Products on the Marketplace will not be higher than on his webshop and other webshops and online stores.
The seller undertakes to act professionally, politely and respectfully in all forms of communication with customers. Specifically, the seller will
Respect the dignity and rights of customers: The seller will treat customers with respect, regardless of the situation or circumstances.
Communicate information clearly and accurately: The seller will provide clear, accurate and timely information about products, services and business conditions.
Respond to inquiries and complaints: The seller will promptly respond to all customer inquiries, complaints and comments in a professional manner.
Protects the privacy of customers: The seller will respect the privacy of customers and handle their personal data in accordance with applicable laws and internal regulations on data protection.
The seller undertakes to highlight the price and method of delivery on all his products and on his profile, and undertakes to send the shipment in a timely manner.
The seller undertakes to highlight the deadline for the production of personalized items and to accurately communicate details about the production and time of production of the Product for which this is necessary. Each seller adds 24 hours to the time of making personalized products and starts making them only after 24 hours in order to ensure time to cancel the order according to the Consumer Protection Act.
The seller undertakes to open his Stripe account in order to be able to receive payments and agrees to fiscalize the account.
The seller undertakes to accurately communicate the descriptions of his own Products and agrees to follow the instructions regarding the quality of the Product photos. Marketplace has the right to request the replacement of the Product image in case it is not satisfied with the quality or presentation in the image.
The seller grants Marketplace the right to use all photos uploaded to Marketplace and allows their use on social networks and for advertising purposes. Marketplace clearly communicates to users that the Seller’s photos are owned by the Seller and all rights of use belong to the Seller, with permission to use the Marketplace. More under point 11 of the General Business Rules.
Marketplace reserves the right to terminate the contract with the Seller or refuse to register the Seller.
- TERMS AND PROCEDURE OF PURCHASE
All products on the Marketplace are owned by the Seller, while LOKL Dizajn Market mediates the conclusion of the sales contract between the Seller and the Buyer.
All prices are expressed appropriately, with or without VAT. If the Seller is in the VAT system, the price of the product is expressed with VAT. If the Seller is not in the VAT system in accordance with the VAT law, the price of the product is expressed without VAT. The prices shown do not include the cost of delivery. The currency is the euro (EUR). The process of entering the price on the website for each product is subject to control at several levels, but regardless of this, there is a possibility of an error, since it is not an automatic entry. Marketplace is authorized without prior notice to the Buyer to change prices exclusively for online shopping, but in prior agreement with the Seller. LOKL Dizajn Market and Marketplace are not authorized, without prior agreement with the Seller, to determine sales, daily or weekly promotional sales for an individual product, group of products and/or for all products. The Seller is free to change the price without additional agreement with the Marketplace and LOKL Dizajn Market, but undertakes that the price of the Seller’s products on other online stores, webshops and marketplaces will not be different from the price on the lokl.hr Marketplace.
5.1. Order process
The customer can order the product 24 hours a day, 7 days a week. Products are ordered via an electronic form. If the Seller is unable to deliver the ordered product or one of the ordered products, the Marketplace or the seller will contact the Buyer via e-mail and inform him of the aforementioned. In this case, the order will be canceled or carried out for those products that are available.
After the User finds the product, click on “Add to cart”. If the size has already been determined for the product, then just click on “Add to cart”. The user can then continue to search and add more products to the cart or continue with the order. If the User has ordered several products, each from a different Seller, the Customer will receive the products separately and will pay the shipping costs as specified with each product. It is possible that the products will arrive at different times.
After adding all the selected products, the User selects the “Basket” option in the upper right corner of the page. At that moment, the user will be able to select the complete view of the basket and review his order, add or remove products, i.e. regulate their quantity or complete the purchase. When the User is satisfied with the final contents of his shopping cart, he selects the “Proceed to payment” option to continue the order process. In order for the Customer to make the payment, it is necessary to enter the data of the card with which the payment is made and the data of the delivery address.
5.2. Registration
After the User (Buyer) has added the product/s to the cart, he/she should also register. The way he can do this is as a registered user or as a guest.
If the Buyer does not want to enter the delivery address and information about the means of payment every time during the purchase, quick registration is recommended. It is necessary to enter a valid e-mail address, personal data (name, surname, address, postal code, city, phone number) and a password used to access the user account once. It can be any string of characters. After entering the requested data, the registration must be confirmed by clicking on the “Registration” field. The created user account remains registered in the system, and it is accessed using a combination of username and password on the “Login” page. In the event that the Customer has forgotten his password, on the same page, click on “Forgot your password?”. The system will automatically send a link with which the Customer can reset the password and get a new one. The password can be changed later in the account settings.
If the Customer does not want to be registered, registration is not mandatory. It is only necessary to enter a valid email address when registering as a guest in the first step of the checkout process and follow further instructions.
Note: The user can pre-register when visiting the Marketplace home page without making a purchase. For each subsequent login in the upper right corner of the home page, the User uses the “Login” option and then enters their user data under “Login or Register”. The registration or user account is created only for one person and it is not allowed to communicate information about the registration or user account to third parties. The user is obliged to keep information about his security password and user account. The use of someone else’s registration or user account is not allowed. Marketplace reserves the right to immediately cancel or delete any passwords or user accounts in case of any User behavior that Marketplace, at its discretion, considers unacceptable, as well as in any case of non-compliance with the General Terms of Business and Use by the User. The user can request the deletion of his user account from the Marketplace at any time.
5.3. Completion of the order
After the Customer completes the order process and clicks on the “Order” button, he will receive a message to his email address confirming that his order has been received and is in the process of being processed. The above message is only confirmation of the Buyer’s order and does not represent acceptance of the order by the Seller. The contract between the Buyer and the Seller regarding the ordered products will not be concluded until the Marketplace verifies that the Seller accepts the Buyer’s order. The Seller reserves the right not to accept the Customer’s order if the ordered product is not in stock, if the Product has been withdrawn and/or if the Product is otherwise unavailable. If the Buyer’s order is accepted, the Seller will send a confirmation of order acceptance to the Buyer via Marketplace email.
The aforementioned confirmation is proof of the concluded contract between the Buyer and the Seller. The email confirmation of the order will contain a description, list and price of the ordered products. After concluding the contract with the Seller, the Seller will pack the product for the Buyer and hand it over to the delivery service that will deliver it.
Orders received on business days from Monday to Friday, after 5 pm, are processed the next business day, unless otherwise stated. Orders from Friday are delivered on Monday. Orders received on Saturday and Sunday are also processed on Mondays . Orders received during holidays and other holidays are processed on the first working day.
5.4. The right to cancel an order
The seller and the buyer can exercise the right to terminate the contract (cancellation of the order) before sending the goods for delivery, with the return of previously paid funds. If the Seller cannot deliver the product for any reason, the Seller will inform the Buyer through the Marketplace about the unavailability of the requested product and cancel the order. If the Buyer decides to terminate the contract (cancel the order) before the goods have been sent for delivery, the refund will be made in full in the manner in which the payment was made. If the Customer decides to cancel the order after it has been sent for delivery, the refund will be made only in the cases provided for in the Law on Consumer Rights. In any other case that is not provided for by the Consumer Protection Act or other valid regulations, the Seller and the Buyer must agree on a fair way of refunding the Buyer or the Seller in the event of cancellation of the order after sending the goods for delivery.
Note: due to the very nature of customized orders and the fact that this product is made specifically for the Customer, the Seller will not be able to accept the cancellation of the order in accordance with the Consumer Protection Act.
- DELIVERY
The user (Buyer) is obliged to correctly fill in the data for product delivery. Checking the correctness of the order depends on the Customer until the order is sent. Subsequent complaints are not accepted.
Delivery from the Seller to the Buyer is carried out by the delivery service chosen by the Seller. Delivery is performed according to the terms of use of the delivery service, and is considered completed at the moment when the Seller hands over the product to the delivery service, and the delivery service to the Buyer.
The delivery service delivers packages according to the delivery service’s schedule. Orders from Friday are delivered on Monday. Orders received on Saturday and Sunday are also processed on Mondays. The time of sending packages and delivery during holidays and national holidays is shifted to the first next working day.
Since each order is unique, package delivery costs vary depending on the size, weight and destination, but they are determined in advance by the Seller, which delivery price is visible to the Buyer at the time of ordering on the product page, on the Seller’s page and in the shopping cart.
Marketplace and the Seller are not able to influence the speed of delivery and possible complications related to the delivery itself caused by the delivery service.
Note: If the Buyer orders a product from a Seller who has a deadline for making the product to order, the Buyer must take into account the number of days indicated with the product plus the delivery time.
If the Product sent to the Buyer is returned to the Seller because the delivery service failed to make the delivery due to incorrect information on the recipient’s address or failed to pick up the product from a second delivery attempt, the Buyer will be notified by email and/or by phone and will be offered the following possibility:
– that the ordered product, at the Customer’s request, be re-delivered to the Customer’s or recipient’s address with verified and accurate address information and that the cost of resending the package is borne by the Customer;
If the Buyer is not available by email or contact phone and does not respond within 1 (one) day, the Seller has the right to keep the product without sending it again, while he is obliged to agree with the Buyer on the method of refunding it in accordance with the provisions of the Law on Consumer Rights.
Marketplace is not responsible for delivery delays, damage caused during delivery or any other deficiency and/or lack and/or non-delivery. The buyer is obliged to inform the Marketplace as soon as possible if he receives the product in a damaged condition or if the product does not correspond to the given description.
Product delivery is possible within the Republic of Croatia and the EU and, depending on the designer, to all countries listed on the Seller’s page.
6.1. Preview when downloading the package
When picking up the delivered package, the Customer is obliged to inspect the delivered product. It is necessary to check whether there are visible external damages on the package and/or on the product itself.
In the event that the product has external damage, the Customer is obliged to immediately inform the delivery officer about this (submit a complaint), and refuse to take delivery of the delivered product/s. The buyer is obliged to open the shipment in front of the delivery person and compare the delivered products with the delivery note, and if something is missing or products that were not ordered have been delivered, immediately report them to the delivery person.
6.2 Wrongly delivered product
In the event that the Customer is delivered a product different from the one he purchased, the Customer has the right to a new delivery of the ordered product. Wrongly delivered product The customer must report it via the Marketplace email in order to prove that the product was wrongly delivered. If product replacement is not possible, the Customer has the right to terminate the contract. The customer will be refunded in the amount of the product price paid in the manner in which he made the payment. Funds are disbursed after the Seller receives the returned product/s. The seller bears the cost of returning the product.
6.3. Rejection of the product
If the Buyer does not take over the product or refuses to take over the product without a valid reason, the Seller reserves the right to demand reimbursement of handling, transport and other possible costs from the Buyer.
When the Seller delivers the product to the Buyer through the delivery service, the Buyer is obliged to take over the product by signing the delivery note, thereby confirming that the product has been duly delivered.
- METHOD OF PAYMENT
Marketplace enables the purchase of selected products with the following cards: Visa, MasterCard, American Express and Diners Club
Card payment services and their security are implemented by Stripe – an advanced system for high security of accepting payment cards via the Internet.
Marketplace does not assume responsibility for any direct or indirect damages that Customers may suffer due to the temporary, partial or total unavailability of the Stripe service.
Security when paying online
The most modern data protection standards are applied – Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that the exchange of data between the payment system and the authorization centers of card houses is carried out in a private network, which is protected from unauthorized access by a double layer of “firewall”.
- PRODUCTS
Marketplace strives to ensure that all products are accurately described and photographed. Product descriptions are based on information provided by Sellers and Marketplace cannot guarantee that all details are always accurate, complete or error-free.
Product photos on the Marketplace website are for illustrative purposes only, and Marketplace cannot guarantee that the display of the images on the User’s computer accurately reflects the true color of the product. Marketplace hereby excludes liability for product shortages in the event of a discrepancy between the product shown in the photo and the product delivered.
The ordered product that does not correspond to the description, has a defect or is of lower quality can be returned by the Buyer directly to the Seller, while the Marketplace in cooperation with the Seller will provide a new product, an additional discount or repair for that product (where possible) or a full refund.
Customized products for the Customer
Due to the very nature of custom orders, the production time of the product may vary, since it is made specifically according to the wishes of the Customer.
Note: due to the very nature of custom orders and the fact that this product is specially made for the Customer, the Seller will not be able to accept returns in accordance with the Consumer Protection Act.
- TERMINATION OF THE CONTRACT AND RETURN OF THE PRODUCT
The customer has the right, without giving any reason, to unilaterally terminate the Product Sales Agreement within the legal term of 14 (fourteen) days from the day the product was handed over to the customer. If with one order the Buyer has ordered several products from several different Sellers, which are to be delivered separately, i.e. in several shipments, the term for termination of the contract concluded with an individual Seller in relation to an individual product begins to run from the day the same is handed over to the Buyer.
IMPORTANT! Returned products must comply with Marketplace’s Product Return Policy. Each product must be returned unworn, undamaged and unused, with all tags, accessories, associated parts and documentation and original packaging. Any returns that do not meet the stated conditions will not be accepted.
Before the expiry of the term for unilateral termination, the buyer is obliged to inform the Seller via the Marketplace about his decision to terminate the contract, using the Form on unilateral termination of the contract, which can be filled out electronically and sent to the email address [email protected]. In that case, the Marketplace undertakes to deliver to the Buyer, without delay, a confirmation of receipt of the declaration of termination of the contract in electronic form.
In case of termination of the contract, each party is obliged to return to the other what it received on the basis of the contract.
After the Seller receives and accepts the return, the Buyer will be refunded in the same way as the payment was made. The buyer is obliged to return the product/s to the seller at his own expense to the address specified by the seller in agreement with the Marketplace.
The buyer is obliged to prove that he has exercised his right to unilateral termination of the contract in accordance with the provisions of the Consumer Protection Act.
The customer does not have the right to unilaterally terminate the contract, i.e. return the product in cases prescribed by the Consumer Protection Act, if, for example:
– the service contract was fully fulfilled by the Seller, and the fulfillment began with the explicit prior consent of the Buyer, and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract from this section if the service is fully fulfilled;
– the subject of the contract is goods or services, the price of which depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the duration of the Buyer’s right to unilaterally terminate the contract;
– the subject of the contract is goods that are made according to the Customer’s specification or that are clearly adapted to the Customer;
– the subject of the contract is easily perishable goods or goods that quickly expire;
– the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery;
– the object of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery;
- RESPONSIBILITY FOR MATERIAL DEFECTS / PRODUCT CLAIMS
The seller is responsible for the material defects of the products he sells through the Marketplace in accordance with the positive regulations of the Republic of Croatia, especially the Law on Obligations. The Obligations Act applies to the deadlines for notification of a deficiency.
A buyer who has timely and properly informed the Marketplace and the Seller about the defect may have one of the following rights:
– demand from the Seller that the defect be removed,
– demand a price reduction,
– declare that he is terminating the Agreement.
The ordered products are packed in such a way that they are not damaged by normal handling during transport/delivery. Marketplace is not responsible for delivery delays, damage caused during delivery or any other deficiency and/or lack and/or non-delivery. The buyer is obliged to inform the Marketplace as soon as possible if he receives the product in a damaged condition or if the product does not correspond to the given description. For more details on the terms of delivery, see point 4 of these General Terms and Conditions. When receiving the package, checking the correctness of the order depends on the Buyer, and the Buyer is obliged to compare the received products with the invoice, if something is missing, he is obliged to send a written complaint to the email [email protected] within 8 days with the indication Complaints, as subsequent complaints will not be accepted .
The customer can submit a complaint/complaint using the following form: Complaint/complaint form, and send it by e-mail to [email protected]. The complaint will be considered valid if it is determined by product inspection and, if necessary, additional expertise, that it meets the conditions for a complaint in accordance with the Obligatory Relations Act and the Consumer Protection Act.
The Marketplace undertakes to respond in writing to the Customer’s complaint within 15 days. If it is established that the complaint is not valid and the Customer’s complaint is rejected, the Customer who submitted the complaint will bear the cost of re-delivery of the purchased product to the Customer’s address.
If it is established that the complaint is valid, the Marketplace and the Seller undertake to replace the product with an identical product without defects or to return the entire amount of money for which the product was purchased.
- INTELLECTUAL PROPERTY RIGHTS TO USER UPLOADED CONTENT
User Ownership: All content that users upload to the platform (“User Content”) remains the user’s property. The User retains all intellectual property rights to its User Content.
License to Use: By uploading content to the platform, the user grants the platform a global, non-exclusive, free, transferable and sublicensable license to use, reproduce, distribute, create derivative works, display and perform User Content for purposes related to the provision and improvement of platform services.
Right to Removal: The Platform reserves the right to remove or modify any User Content that violates the terms of use, community rules, or legal provisions.
User’s responsibility: The user guarantees that he owns all the necessary rights to the uploaded content and that the uploading and use of this content on the platform will not violate the rights of third parties.
Infringement Reporting: In the event that the user believes that his intellectual property has been infringed, he can notify the platform through the provided infringement reporting system.
- ONLINE DISPUTE RESOLUTION
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out of court. If the Customer encounters a problem during online shopping within the EU (defective product, inability to exchange the product, etc.), he can submit his complaint in a faster and simpler way here .
- CONTRACT DURATION
The contract that the Buyer enters into with the Seller is a one-time contract for the purchase and sale of products at a distance, which is consummated by the delivery of the product and the payment made by the Buyer, in case it is not terminated. These General Terms and Conditions are an integral part of the contract.
- LIMITATION OF LIABILITY
Marketplace is not responsible for any transaction errors, product defects, shipping problems, or any other similar problems. Users assume full responsibility for all transactions made through our platform, including but not limited to product selection, accuracy of information, delivery and product condition. Marketplace assumes no responsibility for any damages, losses or expenses arising from the use of our platform.
