General terms of business

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GENERAL TERMS OF BUSINESS

I. INTRODUCTORY PROVISIONS

  1. These General Terms apply to the services of selling jewelry and skincare products after piercing, tattooing, or laser tattoo removal, as well as online appointment reservations for piercing services provided by the craft enterprise Octopus, owned by Irena Milina, with its registered office in Croatia, Prilaz Gjure Deželića 23, Zagreb 10000, registered in the Trade Register of the City Office for Economy in Zagreb under the registration number of the craft enterprise (MBO): 97243868, OIB: 82772204093, hereinafter referred to as the Seller, through its website www.octopuspiercing.hr (hereinafter referred to as the Website). The bank account is held at Erste&Steiermärkische Bank d.d., headquartered at Jadranski trg 3A, 51000 Rijeka, Croatia. Account number: HR7224020061140372927.
  2. These General Terms of Business apply to both registered and unregistered users of the Website.
  3. These General Terms of Service define the basic rights and obligations of the Seller and the User of the online store.
  4. By accessing the website, the User is considered to be familiar with the current rules and conditions of use. When confirming a purchase, this is further affirmed. Acceptance of these General Terms is a fundamental precondition for the provision of services, and therefore, the User must familiarize themselves with the General Terms of Service and confirm their understanding and agreement before submitting an order. Purchases cannot proceed without marking the box “I have read and agree to the General Terms of Business and the Privacy and Security Statement,” by marking this box, the customer confirms that they have read and understood these General Terms of Business and agree to comply with them.
  5. Octopus craft enterprise reserves the right to change the General Terms of Business and the use of these websites at any time. The changes take effect at the time of publication, and the User will be notified through an announcement on the homepage of the online store.
  6. Octopus craft enterprise completely disclaims any responsibility that may arise from or be in any way related to the use of this website, any actions taken by the User in using or misusing the content of this website, and any damage that may occur to the User or any third party in connection with the use or misuse of the content of this website.

 

II. BASIC TERMS

  1. In these General Terms, the following terms, unless the context implies otherwise, have the following meanings:

General Terms are the general terms of sale of products and services of the online store currently in effect.

User is any person, legal or natural, who accesses the web pages. The term User includes registered and unregistered Users.

Registered User is any fully capable person, legal or natural, who has registered for the use of services on the website www.octopuspiercing.hr.

Website refers to all web or internet pages owned by the Octopus craft enterprise.

Misuse of the website is any use that is not in accordance with these General Terms or use without the intention of placing an order or use for one’s own benefit or the benefit of third parties, regardless of whether damage has occurred to the Service Provider (Octopus craft enterprise). Misuse also includes the infringement of copyright.

Product is a product that fulfills the User’s order, for which the User is obliged to pay the price stated on the product’s page.

Prices – all prices on these pages are expressed in euros (EUR), Croatian kuna (HRK), or US dollars (USD) and include 25% VAT. All prices shown on the website are subject to change without prior notice.

      2. The sales contract between the Seller and the Buyer is concluded at the moment when the Seller receives the order and confirms the purchase by sending an email confirmation to the buyer’s address. From that moment, all prices and other terms are binding for both the Seller and the Buyer.

      3. Offers and prices for special promotions and discounts are valid until the expiration date stated on the website or until stocks run out.

      4. Octopus craft enterprise strives to ensure that the information about products is accurate and up-to-date and disclaims any possible errors in published information. All information published on the website is taken from the product manufacturers (e.g., product descriptions, specifications, photos, and the like). Images may be symbolic and not always fully reflect real facts (e.g., the shade of jewelry). Octopus craft enterprise is not responsible or liable for any errors or omissions in the content on this website, nor for the accuracy of the published information, and is not responsible for the occasional malfunction of the website or its parts. We reserve the right to make minor changes to the product description without the obligation of prior notice to the User.

 

III. ORDER PROCESS

  1. Every User, whether unregistered (guest) or registered, can purchase products offered by Octopus craft enterprise as displayed on the website www.octopuspiercing.hr.
  2. When making a purchase, the prices valid at the time of order confirmation apply. All prices include 25% VAT. The Seller can change the prices on the online store without prior notice.
  3. The User places an order for product delivery via the website www.octopuspiercing.hr.
  4. The Seller will send the User an order confirmation via the email address provided by the User during the order placement.
    A) In the case of the chosen payment method being a bank transfer to the Seller’s account, the User will receive an email with an offer and payment details (the account number to which the User must transfer money for the ordered goods). The User is required to provide the Seller with a payment confirmation. The Seller will deliver the ordered product to the User within 2-5 working days from the date the payment becomes visible on their account.
    B) In the case of selecting cash on delivery (payment upon delivery of the goods to the User’s address), the Seller will provide the User with an invoice along with the ordered products.
    C) In the case of choosing PayPal, KEKS application, or online card payment as the payment method, the Seller will provide the User with an invoice along with the ordered products.
  5. The Seller may also reject the contract if it is determined that it cannot be fulfilled (e.g., products currently out of stock, jewelry not available in a specific color or size, etc.). The User will be informed in advance with the reasons for contract rejection.

 

IV. PAYMENT

  1. The Seller issues an invoice on a durable medium and informs the User about the option to withdraw from the purchase and how the buyer can return the product.
  2. The User can pay for the goods ordered through the online store www.octopuspiercing.hr by bank transfer (proforma invoice), cash on delivery (upon receipt), online card payment, or through the PayPal platform and KEKS application.
  3. In the case of the User choosing the payment option via bank transfer, and a proforma invoice is issued (an offer with payment details), the User is obliged to make the payment within 10 working days. If the payment is not visible in the Seller’s account within the agreed period, the Seller has the right to unilaterally terminate the Purchase Agreement without notifying the User because it is considered that the User has canceled the order.

 

V. DELIVERY

  1. Octopus craft enterprise strives to deliver the ordered products as quickly as possible. Most orders received by 6:00 PM, if the products are in stock, will be attempted to be shipped on the same working day, except on weekends and holidays.
  2. The User can expect delivery of products that are in stock within 3 to 7 working days, depending on their place of residence.
  3. In case of ordering products that cannot be shipped as promised due to unforeseen reasons, the User will be notified of a new delivery date via email. In case of delivery impossibility, Octopus craft enterprise will contact the User to arrange a new delivery date, a substitute product, or order cancellation with a refund to the User.
  4. Delivery is carried out in collaboration with the Croatian Post.
  5. Delivery is available both within and outside the borders of the Republic of Croatia.
  6. Ordered products can also be picked up in person at the store located at Prilaz Gjure Deželića 23/1, 10000 Zagreb, Croatia, during the Seller’s working hours, which are from Monday to Friday from 12:00 PM to 8:00 PM. Pickup is not available on weekends and holidays.
  7. Delivery costs are as follows:
    A) Delivery within the Republic of Croatia: 5.00 EUR
    B) Delivery to EU member states: starting from 8.00 EUR. The final delivery cost for international orders depends on the package size and the quantity of orders.
    C) Delivery to countries outside the EU: starting from 8.00 EUR. The final delivery cost for international orders depends on the package size and the quantity of orders.
  8. For orders within Croatia, with a total exceeding 70.00 EUR, delivery is free. For orders outside Croatia, with a total exceeding 100.00 EUR, delivery is free.
  9. When receiving a shipment, the User is required to identify themselves to the delivery service employee, inspect the shipment, and, in case of correctness, sign the delivery note to confirm receipt. In case of visible damages, the User is obligated to report them directly to the courier and refuse to accept the damaged shipment. By signing the receipt/invoice, the User confirms that they have inspected the product upon delivery, and subsequent claims are not possible.
  10. If the User refuses to accept the shipment due to determined and visible damage to the transport packaging, they are required to complete the appropriate form from the delivery service and notify the Seller via email at octopuspiercing@gmail.com. In the email, it is necessary to state the reason for refusing the shipment and indicate whether they want a re-delivery or a refund.
  11. Octopus craft enterprise disclaims any responsibility for damage or loss of the shipment from the moment of delivery to the delivery service until the moment of delivery to the User.

 

VI. ORDER CANCELLATION

  1. Orders placed on the website www.octopuspiercing.com can be canceled by the User without additional costs and without specifying the reasons for cancellation, up to the moment of dispatching the goods, meaning within 24 hours from the order placement on working days (from Monday to Friday), and for orders submitted on Saturdays and Sundays, no later than Monday at 12:00 PM.
  2. The cancellation notice can only be sent via email to: octopuspiercing@gmail.com. In the email message, the User is required to provide the following information:

Email subject: Order Cancellation
Email content: a) user’s name, b) user’s address, c) order number

 

VII. CONTRACT CANCELLATION AND PRODUCT RETURN

  1. The User can withdraw from the Purchase Agreement within 10 days after receiving the ordered products by sending an email to octopuspiercing@gmail.com, stating the reason for the contract cancellation, their full name, address, mobile phone number, and bank account number for the refund.
  2. The product must be returned to the Seller within 10 days of the User’s notice of contract termination.
  3. The User must return the product by registered mail in padded packaging to protect it from transportation damage, along with the invoice, within 10 days of notifying the Seller of the contract termination, to the Seller’s address at Prilaz Gjure Deželića 23/1, 10000 Zagreb, Croatia. Jewelry should be sent by registered mail (without cash on delivery) to obtain a shipment tracking number. In case the shipment is lost in transit, Octopus is unable to replace the jewelry or refund the payment.
  4. It is considered that the User has fulfilled their obligation on time if they send the product or deliver it to the Octopus craft enterprise’s store before the previously mentioned deadline expires.
  5. All costs associated with returning the product, related to exercising the right to unilateral contract termination as specified in Article 72 of the Consumer Protection Act, are to be borne by the User.
  6. The User must return the product undamaged and unused, in the same quantity and in its original undamaged packaging.
  7. The Seller is not responsible for costs incurred outside the terms of the contract.
  8. If the User cancels the contract, the Seller must refund the amount paid, reduced by the cost of delivery.
  9. The Seller must make the refund only after the product has been returned and within 10 days of receiving the returned product.
  10. Octopus craft enterprise will make the refund to the User’s bank account.
  11. The User does not have the right to unilateral contract termination in the following cases:
    A) When Octopus craft enterprise has fully fulfilled the contract, and fulfillment has begun with the User’s explicit prior consent and with the User’s acknowledgment that they are aware they will lose the right to unilateral contract termination if the contract is fully fulfilled.
    B) When the subject of the contract is a product or service whose price depends on changes in the financial market that are beyond the control of Octopus craft enterprise and that may occur during the User’s right to unilateral contract termination.
    C) When the subject of the contract is a product made or customized to the User’s specifications or that is clearly tailored to the User (e.g., custom orders of branded jewelry).
  12. If the product is returned faulty, damaged, or missing parts and documentation, it is considered that the User has not fulfilled their obligation to return the product, and Octopus craft enterprise is not obliged to make a refund.
  13. The Seller will provide a confirmation of the receipt of the notice of unilateral contract termination to the User without delay via email.

 

VIII. LIABILITY FOR MATERIAL DEFECTS

  1. Octopus craft enterprise is liable for material defects in the products in accordance with the Obligations Act (Articles 400-422).
  2. Octopus craft enterprise is liable for material defects in the products that existed at the time of transfer of ownership to the User, regardless of whether the Seller was aware of them.
  3. Any defects and/or damages to the product must be reported to the Seller within 30 days from the date of receipt.
  4. Due to the specific nature of piercing jewelry (worn within tissues, exposing the jewelry to lymph and oozing, and prolonged wear without removal, causing contact with sweat, water, cosmetics, etc.), Octopus craft enterprise can guarantee and be responsible for possible defects only within 30 days from the date of purchase. Piercing jewelry wears out with use, and there may be changes in the color of the zirconia or the metal itself (if the jewelry is colored) and zirconia may fall out from its setting.
  5. A material defect exists if the item:
  • does not have the necessary characteristics for its regular use
  • does not have the necessary characteristics for the specific use for which the User acquires it, and which was known to Octopus craft enterprise or should have been known
  • does not have characteristics and features that were expressly or tacitly agreed upon, or were stipulated
  • when Octopus craft enterprise has delivered an item that is not identical to the sample or model, unless the sample or model was shown only for information
  • does not have characteristics that are generally present in items of the same kind and that the User can reasonably expect, taking into account the nature of the item, especially considering the public statements of Octopus craft enterprise, manufacturers, and their representatives about the characteristics of the item (advertising, item labeling, etc.)

      6. If the User expected the existence of certain item characteristics based on statements from the manufacturer or its representative, the defect is not considered if Octopus craft enterprise did not know or should not have known of these statements, or if these statements were refuted before the contract was concluded, or if they did not affect the User’s decision to conclude the contract.

      7. Octopus craft enterprise is not liable for defects that were known to the User at the time of the contract conclusion or could not have remained unknown to them.

 

IX. DATA PROTECTION AND SECURITY

  1. The Seller provides all necessary technological and organizational solutions for complete purchase security. Secure shopping guarantees compliance with all applicable legal regulations and recommendations from consumer protection associations.
  2. Personal data protection is regulated by the Personal Data Protection Act. Octopus craft enterprise undertakes that User data collected through the website www.octopuspiercing.hr will be fully stored, protected, and processed by Octopus craft enterprise.
  3. User personal data are collected and used for the purpose of order processing, sending promotional materials, and for improving the relationship with the User.
  4. By registering on Octopus craft enterprise’s website, the User consents to the processing of their data for the specified purposes. The registered User agrees that Octopus craft enterprise may contact them in writing, by phone, or by email.
  5. The registered User has the right to request the correction, modification, or completion of incorrect, incomplete, or outdated data at any time, and if they no longer wish to receive newsletters or promotional offers from Octopus craft enterprise, a written notice or self-unsubscription from the mailing list is sufficient.
  6. Octopus craft enterprise is committed to protecting the personal data of registered Users, by collecting only basic data necessary for the fulfillment of the purchase contract.
  7. All User data is strictly kept and accessible only to Octopus craft enterprise employees who need this data to perform their job. All Octopus craft enterprise employees and business partners (Croatian Post) are responsible for respecting the principles of privacy protection.

 

X. DISPUTE RESOLUTION

In the event of a dispute, Octopus craft enterprise and the consumer will attempt to resolve the dispute amicably.
If the dispute cannot be resolved amicably, the competent court in the Republic of Croatia shall have the substantive and territorial jurisdiction, with the application of Croatian law, unless applicable regulations prescribe otherwise.
Disputes can be resolved before the Croatian Chamber of Commerce’s Court of Honor or other mediation centers. Consumer disputes can be resolved through the European Commission’s Online Dispute Resolution (ODR) platform.