General Terms and Conditions

(hereinafter: Terms & Conditions)

1. Scope of application, meaning of the terms used

These Terms & Conditions regulate the use of www.nanoemulsions.hr Web shop pursuant to:

  • the Civil Obligations Act (hereinafter: COA),
  • the Consumer Protection Act (hereinafter: CPA),
  • the General Data Protection Regulation (EU 2016/679) hereinafter: GDPR)https://gdpr-info.eu/
  • the Electronic Commerce Act (hereinafter: ECA),
  • the Trade Act,
  • the Alternative Dispute Resolution for Consumers Act (hereinafter: ADR).

 

The owner of the www.nanoemulsions.hr website and the holder of all rights is Nanoemulsions j.d.o.o. for cultivation, processing and trade in plant products, based in Banjol (the island of Rab), Banjol 366, Taxpayer Identification Number: 26286036400, entered in the Commercial Court Register in Rijeka under the Company Registration Number: Tt-22/5874-2 Entity Registration Number: 040445404, CEO Milan Pištalo.

The share capital is 2,65 € (20,00 HRK) and was paid in full. IBAN: HR80 2360 0001 1030 1939 5, account opened with Zagrebačka banka d.d. Zagreb.

e-mail: info@nanoemulsions.hr

 

By means of the Terms & Conditions the owner of the www.nanoemulsions.hr website regulates the following customer relations: conditions and methods of ordering products, the price of products, payment methods, delivery methods, quality of products, complaints, return methods and delivery, personal data protection and other issues related to the use of the website and online shopping.

Within these Terms & Conditions, the following terminology is used with the following meanings:

Terms & Conditions = General Terms and Conditions

Website = registered domain, web page and web shop www.nanoemulsions.hr owned by Nanoemulsions j.d.o.o.

Seller = Nanoemulsions j.d.o.o., Banjol (the island of Rab), Banjol 366, Taxpayer Identification Number: 26286036400, Entity Registration Number: 040445404

Content = any and all texts, logotype, design, documents, photographs, multimedia, information about the Seller’s products, services and fees in a given period, information about services or fees from a third party with whom the Seller has signed contracts in a given period, as well as the content of e-mails which the Seller sends to Users

Service = online sale by the Seller to the User, using electronic means only

User = any natural or legal person accessing the website for its content, to view offers or purchase products

Use = access to the website for the purpose of shopping or becoming acquainted with the published blogs, news, offers, products, and prices

Buyer = consumer; any natural or legal person who orders and pays for the product via the Seller’s web shop

Web shop = sales outlet allowing customers to buy products

Online shopping = shopping via www.nanoemulsions.hr web shop

Products = all available products advertised on the website

Guest-buyer = user who, through means of electronic communication, enters his/her personal data (name and surname, e-mail address), chooses at least one product, adds it to the basket, sends the order to the Seller, and pays the purchase price

Registered Buyer = person registered as a “MyNano” Service User for the purpose of buying products, who submitted his/her personal data (name and surname, e-mail address, password)

MyNano = service for registered buyers providing special benefits

User Data = mandatory data required for registration: User’s name, surname and e-mail address (as well as password for MyNano Users)

Personal Data = data about the Buyer which allow billing and delivery of the ordered product(s)

Sales Contract = product sales contract between the Buyer and the Seller which is concluded at the moment when the Seller receives an e-mail containing the Buyer’s statement in which he/she confirms the order and/or accepts the offer, or in the case of payment to the transaction account, at the moment when the payment is recorded in the Seller’s business account bank statement

Retail Price = the price of the product shown in Euro or Kuna, including VAT

Accepted Offer = offer specifying the price of the ordered product which the Buyer has paid

Transaction = payment or refund for the amount paid after the Seller has sold the product to the Buyer, by using the services of a payment intermediary accepted by the Seller, by means of a bank transfer or in another way approved by the Seller, regardless of the delivery method

Checkout = the virtual place in which transactions occur

Newsletter = periodical e-mail containing information about new content, promotional prices, changes in business operations etc., which the User can sign up for

Link = a HTML object pointing the User to further information on this website or other websites, or specifying the source of a text or an image

Cookies = small, invisible files of information which are stored on the User’s device via a web browser and which enhance the functionality of the Website

Browser = a computer programme with a graphical user interface by means of which the User can access websites

2. Acceptance of terms

The User agrees to comply with these Terms & Conditions and consents to the provisions of the Terms & Conditions being applied to him/her. By accessing the content and services provided by www.nanoemulsions.hr , the User is considered to be familiar with the Terms & Conditions, to understand them and accept them. The Seller disclaims any responsibility for any and all issues that might arise due to the User not having read the Terms & Conditions.

The owner of www.nanoemulsions.hr reserves the right to change the content of the Website and Terms & Conditions at any time without prior notice (except for the Users of the Newsletter). Users are required to read Terms & Conditions each time they visit the Website in order to be fully informed. The Seller shall not be responsible in any way should the User fail to do so.

All matters not regulated by the Terms & Conditions shall be regulated by the legislation of the Republic of Croatia and the relevant international regulations applicable in the Republic of Croatia.

3. Copyright

All content, including the logotype, Website and product design, photographs, graphical representations, multimedia, databases and programme code, is owned by the Seller and protected by national and international regulations on copyright protection and protection of other related rights, i.e. intellectual property rights. Any unauthorised use of the content constitutes a violation of intellectual property law.

Whenever possible, all sources of information or quotations have been cited or provided via a link, save for the open access resources available to the general public. An exception is generally available open access sources.

The Seller reserves all copyrights to use texts, documents, photographs or other obtained directly or indirectly (by means of licences, authorizations or permits).

Except where the express consent of the Seller is given, the Buyer may not in any way, directly or by means of digital manipulation, use the copyrighted content of the Website for commercial purposes or in any other context apart from the original one. All content can be used only for personal purposes, whereby Users are required to respect copyright and intellectual property rights, as well as rights of third parties.

Apart from copyrighted content, the Website can also contain links pointing to other web pages. Having no control over third persons’ web pages, Nanoemulsions j.d.o.o. fully disclaims any and all responsibility for their content. By using the content of such web pages, the User assumes all risks arising from their use and agrees to use their content solely for personal purposes and at his/her own peril.

4. User rights and responsibilities

The right to use the Website is the User’s personal right and cannot be in any way transferred to other natural or legal persons, nor is any User authorized to register other natural or legal persons as Users.

The Buyer and the Seller enter into the Sales Contract when the Seller receives an e-mail from the Buyer containing a Statement in which the Buyer confirms the order and/or accepts the offer, or in the case of payment transaction, when the payment is recorded in the Seller’s business account bank statement.

Only adults and persons with legal capacity can be Individual Buyers. A contract can be concluded on behalf of a minor and/or a person deprived of legal capacity by their legal representative(s) or legal guardian(s), while persons with limited legal capacity can enter into the contract only with the consent of their legal representative(s) or legal guardian(s). The Seller shall not be held responsible for any actions contrary to this provision.

User is personally responsible for the password security and protection. User is required to provide accurate, complete and valid personal data when filling out the registration form. Failure to do so allows the Seller to deny access or refuse service to such a user.

User agrees not to use the Website for the distribution of content which does not conform to the regulations in force (harmful, threatening, disturbing, vulgar, pornographic, hateful, racially intolerant content, as well as content which violates the rights and interests of others, including the intellectual property rights), for disseminating illegal software (spyware, malware and similar), or for making any changes to the Website.

5. Disclaimer

User uses the Website solely at his/her own risk, agreeing and accepting that Internet access can sometimes be interrupted, temporarily unavailable or disconnected.

Seller is relieved of any and all responsibility for any damage that might arise from a failure in the communication line, unauthorized access and illegal actions by third parties, computer malware or events beyond Seller’s control.

All content on the Website is uploaded in order to facilitate buying decisions. Despite all efforts to make the Content accurate, there may be some unintentional deviations in the description of products, typos or differences in the colour of the delivered product compared to photographs for which the Seller is not responsible. Differences in colour usually occur due to different screen/display settings of the device by means of which User accesses the Website, a difference in the individual perception of colour by the human eye and other variables.

Any such deviations or errors do not qualify as product defect, and therefore do not constitute a basis for product return. For any questions and comments regarding this topic, Users are welcome to contact us at: info@nanoemulsions.hr .

Apart from the sale of products, the Website also offers a wide range of informative content related to the topic of hemp, the legal status of its cultivation, potential benefits of its ingredients, advanced production technologies, improvement of the quality of life, etc. The Content of the Website reflects Seller’s life philosophy, but does not in any way represent a substitute for a professional medical advice and does not constitute a basis for making treatment decisions without prior consultations with a doctor. This particularly refers to people who use prescription drugs, people who suffer from allergies, and pregnant or lactating women. Users are invited to seek the opinion of a qualified healthcare worker prior to making a purchase and to follow the instructions for the use of products, as otherwise the Seller bears no responsibility.

6. Main characteristics of products and prices

Products are presented by means of photographs, short descriptions, detailed descriptions, information about the product composition, method of use and storage methods, as well as a certificate (if necessary). Photographs are identical to the product with possible minor differences in colour due to different screen settings or optical variables of the human eye.

Seller guarantees that all the information about the geographical origin, cultivation methods, production process, quantity, ratio of ingredients and other product characteristics are correct. For any questions or uncertainties, we are at User’s disposal at: info@nanoemulsions.hr .

Prices are shown in Euros (€), with the mandatory display of prices in kuna until the end of 2023. Seller is exempt from VAT. Delivery is FREE in the territory of the Republic of Croatia. No additional charges will be imposed.

For certain products, the strikethrough price does not represent the promotional price. The strikethrough price allows Buyers to compare the price of the product with the price of similar products (those with the most similar characteristics to that of our products) in the Croatian market.

Pursuant to the CPA, Seller can stipulate special conditions of sale or special types of sale (promotional prices, special prices, discounts for repeat purchases or quantity discounts and similar), which will be clearly indicated on the Website. For technical reasons, special conditions of sale cannot be implemented through the automated billing system, but via a pro forma invoice, i.e., a quote.

Buyers can order only those products which are marked as available in the Web shop.

Products which are currently unavailable shall be unambiguously marked as such, with the possibility of individual notification to Buyers about their availability or advance sale.

7. Remote communication costs

Seller charges no additional remote communication fees.

8. Registration

User can order and buy products as a Guest Buyer or as a Registered Buyer by opening his/her MyNano user account. Guest Buyer does not have the ability to view his/her purchase history, while MyNano allows Buyers a simpler order process using the e-mail address and password, the overview of all orders and order status, as well as other benefits.

User account is created for a single natural or legal person. It is strictly prohibited to share registration data or user account information with third parties, to transfer the user account to third parties, or to use somebody else’s registration or user account.

A legal person’s user account can be used only by a natural person who is in the process of creating a user account and is designated as the responsible person.

When ordering Product(s) via the electronic form, Buyer is required to submit his/her personal data. When filling out the registration form, Buyer is required to provide complete, valid, accurate and true personal data.

By registering, the User confirms:

  • that he/she fully accepts the General Terms & Conditions;
  • that his/her personal data is complete, accurate, true and up-to-date;
  • that the Seller has his/her express consent to process the submitted personal data for the purpose of the Seller’s own records and provision of other services, for the purpose of creating a customer database, disseminating information about new products and services, improving the quality of services, protecting the interests of both Users and Seller, and preventing possible misuse of data, according to the provisions of the Personal Data Protection Act.

Buyer is also responsible for any and all illegal activities authorized by and performed under his/her username and/or password, provided that he/she has failed to inform the Seller about any unauthorised (or suspected unauthorized) use of his/her username and/or password in a timely manner.

Seller reserves the right not to ship the received order in case of any doubt of an attempted misuse or fraud, and can terminate the business relationship with any of the Users at any time. Seller reserves the right to immediately cancel any and all passwords or user accounts in case of any user behaviour which, at the Seller’s discretion, is deemed unacceptable, or if the User does not comply with the General Terms and Conditions in any way.

In case of any changes to the information that the Buyer submitted during shopping, we kindly request the Buyer to inform us about the said changes as soon as possible via info@nanoemulsions.hr.

9. Order and purchase process

Products can only be bought electronically by following these four steps:

 

  1. Select products and add them to the basket
  2. Buyer registration; if purchasing a product for the first time, registration is required
  3. Enter the delivery address: specify the invoice address and the delivery address
  4. Payment of the ordered item(s): Buyer selects one of the available payment options specified on the Website

 

Buyer selects the product by clicking on the Basket icon or by clicking on “Add to Basket”. The Buyer can view the selected products by clicking on the Basket icon or by clicking on “See Basket”, where he/she can remove products from the Basket, modify and update the quantities or enter the promotional code, if applicable.

 

To confirm the selected products added to the basket, click the “Checkout” button in order to complete the order.

 

The following step involves the submission of Buyer’s information, address to which the bought items are to be shipped, and the selection of the payment method. If Buyer’s personal data is different from the consignee’s personal data, the Buyer is required to select the appropriate option in which he/she will correctly indicate the consignee’s data.

 

The Basket shows the total amount of purchase which pertains to the territory of the Republic of Croatia. The price does not include the cost of shipping outside the Republic of Croatia nor customs fees and/or taxes for non-EU countries.

 

By clicking on the “Buy” button, the order is completed and it constitutes the intent to buy, the obligation to pay and is irrevocable. After receiving the order details, a notification will appear on Buyer’s screen saying that the order has been sent. Once the order has been confirmed, Buyer will receive an order confirmation notification to the submitted e-mail address. Product is considered to be successfully ordered only when the Buyer has completed the entire order process.

 

If the Buyer does not receive Seller’s order confirmation notification, i.e. the confirmation that the product has been successfully ordered, we suggest checking:

  • whether the message is in junk/spam folder,
  • whether the mailbox is full,
  • whether the e-mail address was entered correctly. In case it was not, we kindly ask the Buyer to contact us via info@nanoemulsions.hr or via the Customer Inquiry Form which can be found HERE, to check whether the order has been received.

 

The order is confirmed:

  1. in case of card payment – when Seller receives Buyer’s card authorization confirming the order amount,
  2. in case of payment by means of Internet banking or money order – when Seller has received the order electronically.

 

In case of bank card payment, the Contract is considered concluded once the Seller has received Buyer’s card authorization confirming the order amount. In case of payment by means of Internet banking or money order, the Contract is considered concluded once the Seller has received a confirmation that the order amount has been fully paid by the Buyer.

 

If the Buyer opted for payment by invoice/Internet banking/money order, a pro forma invoice will be sent to the payer’s e-mail address containing all the necessary payment information. An order for which “Payment by invoice” payment method has been selected is valid for three business days from the day the order was created. Should the Buyer fail to pay the purchase price within three days from the day the order was created, at the end of the third business day the offer is no longer binding for the Seller. Once the amount has been paid to Seller’s business account, the ordered product will be shipped. “Business days” refers to all week days from Monday to Friday.

 

The invoice for purchased product(s) will be delivered to Buyer in the package together with the product(s), and should Buyer require a tax invoice, he/she needs to select that option when submitting the order. Seller will also send the invoice via e-mail. The invoice that the Buyer shall receive together with the ordered item(s) represents the confirmation of the concluded contract and contains all the necessary information in accordance with the CPA.

 

The Contract which the Buyer enters into with the Seller is a one-time sales contract which is fulfilled once the goods have been delivered and the price has been paid, except in the case of contract termination. These General Terms & Conditions form an integral part of the Sales Contract between Nanoemulsions j.d.o.o.. and the Buyer, whereby the Buyer confirms that he/she is familiar with the data protection rules and the right to unilaterally terminate the contract.

 

Pursuant to the CPA, Seller may stipulate special conditions or special types of sale, which will be clearly indicated on the Website.

 

10. Payment methods

Payment of the ordered products can be made in the form of:

    • credit and debit cards officially accepted by Seller,
    • Internet banking,
    • credit transfer and money order,
    • cash on delivery (applicable only for the Republic of Croatia),
  • PayPal ,
  • Google Pay .

For more details about payment methods, see Payment methods

11. Security of payment and payment security statement

For payments in our Web shop use CorvusPay (https://www.corvuspay.com/ ) – maximally reliable Internet Payment Gateway service for card payments in web shops.

Payment Security Statement

Web shopwww.nanoemulsions.hr uses the latest standards of data protection – Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. ISO 8583 Protocol ensures that the data exchange between payment systems and the authorization centres of credit card companies is made over a private network that is protected from unauthorized access by a double-layer firewall.

12. Delivery

Delivery is made in accordance with the terms of use of the courier/postal service, and is considered completed once the product has been handed over to the courier. Seller shall pack the product in such a way that it cannot be damaged by the usual manipulation in transport.

When collecting the product, Buyer is required to inspect it for potential damage and report it immediately to the worker who delivered the goods, or to refuse to accept the parcel with visible external damage. Buyer is responsible for making sure the delivery was done properly, and subsequent complaints will not be accepted.

When collecting the goods, Buyer is required to sign the delivery note, which the courier regards as collection confirmation. The goods are insured against loss during transport.

In case that Seller is not able to deliver the purchased product(s) within a specified period, Seller is required to notify Buyer about this in order to agree on a new delivery date. In this case the Buyer has the right to terminate the Contract.

In case that the delivery cannot be made to the address which the Buyer submitted, the Buyer shall be charged for a new delivery.

Shipping within Croatia

Shipping within the territory of the Republic of Croatia is FREE.

The ordered products shall be delivered by renowned courier companies, Hrvatska pošta or, in exceptional cases (exclusively in the City of Split or the island of Rab), by our employees.

The delivery deadline is two to five business days (except for the islands or in the case of a force majeure). The Seller will try to use the couriers which send SMS notifications about the estimated time of delivery and shipment tracking.

Delivery within the EU and to third countries

– coming soon

13. Unilateral termination of the contract

The Contract which a Buyer enters into with the Seller is a one-time distance sales contract, which is consummated once the goods are delivered and payment completed by the Buyer, provided that the contract is not terminated.

Pursuant to the CPA, Buyer has the right to a unilateral termination of a distance contract within 14 calendar days from the date of signing the confirmation of receipt of goods delivered by a courier/postal service.

Should the Buyer decide to terminate the Contract, he/she can do so without specifying the reason why, by unambiguously notifying the Seller about the termination of Contract before the expiry date.

If a Buyer unilaterally terminates the Sales Contract, he/she is required to return the purchased products to the Seller at his/her own expense.

Detailed instructions about the Contract termination and refund, as well as the form for unilateral termination of contract are available HERE.

14. Complaints and returns

The customer has the right to return/claim goods in the following cases:

  • delivery of goods that were not ordered,
  • delivery of goods that have a fault or damage that did not occur during transport.

Buyer has the right to make a complaint about a faulty product or a product which is exhibiting signs of damage that did not occur in transport.

Buyer is kindly requested to contact the Seller as soon as possible at info@nanoemulsions.hr, specifying the type of damage/fault and the order number, so that the complaint could be processed as soon as possible.

If the Seller accepts the complaint, i.e., if it is a justified written complaint, the Buyer will receive refund or the product will be replaced by a new one within 14 days from the date of receipt of the returned product(s). Buyer is responsible and liable for the accuracy and truthfulness of the submitted data, considering the fact that Seller shall refund the amount paid according to the submitted data. Buyer must bear the costs of returning the goods.

Seen that our products are sealed and therefore, due to health and/or hygiene reasons, not eligible for a return once they have been unsealed upon delivery, a complaint is justified only in the case of false product composition information, false properties or expiration date. False product composition information can be proved by means of an independent analysis at Buyer’s expense, while the properties are of a highly individual character, as previously stated on the Website. In both cases the Seller is willing to accept the complaint if the analysis does not correspond to the product composition label, or if the Buyer is extremely dissatisfied with the expected effects of the product.

Buyer can also submit a complaint through ODR platform of the European Commission –

Online Dispute Resolution | European Commission (europa.eu)

This applies particularly to citizens of EU member states outside of Croatia.

15. Dispute resolution

Preliminary note: Pursuant to the European Union Regulation of February 15, 2016, disputes related to online shopping across the EU can be resolved through the ODR platform. Pursuant to this, on 31 December, 2016, the Alternative Dispute Resolution for Consumers Act (ADR) (or online resolution of consumer disputes) came into force in the Republic of Croatia.

If Buyer and Seller are unable to resolve the dispute by means of a written complaint, Nanoemulsions j.d.o.o. is obliged to inform the Buyer about the possibility of initiating a procedure before ADR bodies. ). Access link: Alternative dispute resolution for consumers (europa.eu)

Contractual relationships which arise from shopping in our Web shop are regulated by the Croatian law, and Croatian courts have exclusive jurisdiction for any disputes arising from the contractual relationship, excluding the United Nations Convention on Contracts for the International sale of Goods and rules on determining the applicable law. The contract is written in Croatian. The court to contact is the Municipal Court in Split exercising local jurisdiction.

16. Personal data protection statement

Seller commits to protecting the privacy of all personal data of www.nanoemulsions.hrWeb shop Users and to process the said data in accordance with the provisions of GDPR, noting that only the necessary Buyer data will be collected, which Buyers provide when registering at the Website and when submitting their order. All user data is strictly confidential and are available only to employees who need them in order to do their job. All our employees and business partners are responsible for complying with the principles of privacy protection.

The Website does not save your credit card number nor does it store transaction data. An authorized bank processes all credit card payments and protects your data by means of encryption.

The exception to this are the cases in which the Seller is required to submit or allow access to Buyer’s personal data by order of state authorities and in accordance with the law.

Entering additional, optional personal data for the purpose of being informed about the new or discounted products, receiving promotional materials and newsletter, or improving customer service, constitutes a voluntary, informed and unequivocal consent to the collection and processing of such data.

Buyer has the right to request his/her personal data to be supplemented, corrected or modified in case they are incomplete, incorrect or not up-to-date, or to have his/her personal data deleted.

The Website allows the Buyer to choose the manner in which his/her data will be used, including the possibility to choose whether he/she wants his/her name to be removed from the lists used for marketing purposes.

In case of any change in the personal data which are collected when registering (e.g., place of residence, shipping address), the Buyer is required to notify the Seller about the change. In case of a change of which the Seller has not been notified, the Seller will not be held responsible for any issues with product order and/or product delivery.

The Seller has the right to use the non-personal data which are automatically collected when a Buyer accesses the Website (type of web browser, number of visits to the site, amount of time spent on the Website, etc.) solely for the purpose of analysing the Website traffic and for improving the content and functionality of the Website.

The above mentioned provisions on personal data protection apply exclusively to this Website, and not to other linked pages for which the owner of the Website is neither competent nor responsible and for which the owner of the Website does not collect or process user data.

Prior to shopping, as well as while visiting and browsing the Website, you are kindly requested to read “The Privacy Policy” which can be found HERE.

17. Cookies

When you visit the Website, essential data is automatically collected through Cookies which optimize the users’ experience on the Website and make its functionality complete.

Cookies are small blocks of data created by a web server while a User is browsing a website and placed on the User’s computer or other device.

If concerned about Cookies, the User can configure his/her browser so as to:

  • disable all cookies and/or
  • alert him/her about cookies, allowing the User to decide whether he/she wishes to accept them or not.

The User can also delete Cookies from his/her device.

However, if the User chooses to block, decline or delete Cookies, certain Website functions might not work properly.