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General Terms and Conditions

   

HP–Hrvatska pošta d.d. Jurišićeva 13, 10000 Zagreb

MB: 1414895; OIB: 87311810356; MBS: 080266264

Business bank: HPB d.d. Zagreb, IBAN: HR1623900011100018674

Phone: 072 303 304; e-mail: epostshop@posta.hr

 

 

General Terms and Conditions of the ePost shop products purchase

 

These General Terms and Conditions of product and service (hereinafter: products) purchase of ePost shop HP – Hrvatska pošta d.d. (hereinafter: General Terms and Conditions) are compiled in accordance with the valid regulations in the Republic of Croatia, in particular with the Civil Obligations Act, General Data Protection Regulation and the Act on the Implementation of the General Data Protection Regulation, Electronic Commerce Act, as well as the  Consumer Protection Act, in accordance with which, inter alia, the conditions of distance shopping and pre-contractual notices referred to in Article 57 of that Act are contained, which apply to natural persons – consumers as defined by this Act.

 

These General Terms and Conditions apply to all users of the www.epostshop.hr website (hereinafter: ePost shop website), together with the prices published on the ePost shop website. Visitors of the ePost shop website or the customer will not be able to order or purchase the products offered on these sites if they have not previously confirmed that these General Terms and Conditions were communicated to them and accepted by them. By accepting these General Terms and Conditions, visitors or customers confirm that the product notification and other elements of the pre-contractual information, all contained in these General Terms and Conditions and on the ePost shop website, were communicated to them.

 

HP-Hrvatska pošta d.d., Jurišićeva 13, 10000 Zagreb, OIB: 87311810356 (hereinafter: Seller) disclaims any liability for any issues that may arise due to the fact that the site visitor or customer has not read these General Terms and Conditions or was not introduced to the product prices published on ePost shop website.

 

1    Basic information

 

1.1. With these General Terms and Conditions, the Seller regulates the procedure of ordering, contracting, delivery, payment and complaints regarding the Seller’s products offered on the Seller’s website, more specifically ePost shop website, and in cases when contracting and ordering of these products is done at distance by using the means of distance communication.

1.2. A customer is any natural or legal person that enters his or her personal data or legal entity data by means of distance communication, and in accordance with the electric form, and orders at least one product on the ePost shop website, provided that the order is accepted by the Seller. The site visitor is any person that accesses the ePost shop website by means of distance communication.

1.3.  The user implies the customer and the site visitor together.

1.4. Distance shopping, in terms of these General Terms and Conditions, is the product purchase within an organized sales system without the simultaneous physical presence of the Seller and the consumer in one place, only by using ePost shop website until the moment of contract conclusion and for the contract conclusion.

1.5.  A detailed description of the ePost shop products can be found next to each product visible on the ePost shop website.

 

2     Product and service notification, ordering and contract conclusion

 

2.1. The Seller undertakes to regularly maintain the ePost shop website and provide visitors and customers with unambiguous, clear and easily understandable information on the ePost shop products that can be ordered.

 


 

2.2.  At the time of ordering a single product via ePost shop website, the visitor or the customer is, through these General Terms and Conditions and the data contained on ePost shop website, and with the help of the ordering process established by the Seller which ensures that the visitor or the customer cannot enter into a distance contract or be obliged by an appropriate offer if he or she has not been made aware to the pre-contractual notice in accordance with the Consumer Protection Act, informed of:

 

-          Seller’s company or name, registration number, personal identification number, registered office, phone number and e-mail address;

-          products offered and their name; main product features;

-          product’s retail price, including all tax and other charges;

-          transport and delivery costs of the product, i.e. costs of postal services;

-          mode and terms of payment and method, conditions and time of the product delivery;

-          Seller’s method of consumer complaints handling;

-          conditions, deadlines and procedure of exercising the right of unilateral contract termination;

-          existence of liability for the product’s material defects;

-          services or assistance offered to the consumer after the sale;

-          contract duration;

-          functionality of the digital content, including the necessary technical protection measures for that content, if applicable;

-          out-of-court dispute resolution mechanisms, i.e. compensation systems, and the manner in which they are settled so that the customer can use them.

 

2.3.  The visitor or the customer orders by choosing the desired product from those offered on the ePost shop website, and by filling in an electronic form in which personal data and/or data on legal entity and other data are entered in accordance with the default content of the form and then by selecting the payment method, as a part of which he or she at the same time confirms to be introduced to these General Terms and Conditions and expresses his or her content to them. The Seller immediately sends an offer in a form of a form “Information on the order made” (hereinafter: Confirmation) to the customer that selects Cash on Delivery, or Payment based on an Offer referred to in Article 5 of these General Terms and Conditions, while the customer that selects other payment method accesses the payment in one of other payment methods described in item 5 of these General Terms and Conditions, and the Seller sends him or her the Confirmation after the payment. The Confirmation is sent to the customer’s e-mail address provided by the customer to the Seller during the ordering process. The product sales contract between the customer and the Seller is concluded at the moment when the Seller delivers the Confirmation to the customer. The Confirmation also represents the confirmation of the concluded distance contract in compliance with the Consumer Protection Act.

2.4. Products ordering and paying can be done from any country in the world. However, by accepting these General Terms and Conditions, the user confirms that the products can only be delivered to those countries of the world that are offered on the ePost shop website. The customer can only be an adult and legally competent person. The contract may be concluded in the name and on behalf of a minor or fully legally incompetent person only by their legal representatives, and partially persons legally incompetent person can conclude the contract only with the consent of their legal representative. The Seller shall assume no liability for any action contrary to this provision.

2.5. Visitors and customers are informed of and accept that the Seller is not obliged to accept the visitor’s or customer’s order.

 

3      Customer’s data

 

3.1. In order to perform distance purchase, the user of the ePost shop website is obliged to enter the necessary data, including personal data, in the provided electronic form. By filling in the form, the user also confirms the accuracy and completeness of all entered data.


 

3.2. The Seller shall collect only personal data on ePost shop website, for natural persons, such as: -Mandatory data: name and surname, email, country, city, postcode, street and house number, mobile/phone,

- Optional data: personal ID number (OIB),

3.3.   If necessary and at the Seller’s request, the user undertakes to provide, within the required period, all the information necessary for the Seller to meet the obligations prescribed by applicable regulations.

3.4.   The Seller undertakes to protect the privacy of personal data of all users - natural persons on the ePost shop website and shall treat them in accordance with the General Data Protection Regulation and the Act on the Implementation of the General Data Protection Regulation and other applicable regulations. The data shall be available only to the employees that need the data to perform their duties. All Seller’s employees and business partners are responsible for adhering to the principles of privacy protection.

3.5.   Personal data collected in the manner described in the previous paragraphs of this Article shall be processed and stored during and after the Seller meets its obligations, as long as there is a purpose for such processing (for example, until the final resolution of a complaint or dispute). Supporting documentation related to the Seller’s obligations shall be stored until the deadlines set by the regulations governing the storage of archival and registry material.

3.6.   The Seller undertakes to provide the users - natural persons - with access to their personal data, right to rectify or erase their personal data or restrict processing, ad the right to object, as well as the right to data portability, all in accordance with the conditions and manner of submitting such requests and complaints described in the Statement on personal data protection of HP-Hrvatska pošta d.d. (hereinafter: Statement) published on the website www.posta.hr, the Statement which regulates all other issues related to the personal data processing. The user - natural person – is also entitled to file a complaint on the personal data processing to the competent authority, the Personal Data Protection Agency.

3.7.   The Seller shall not use personal data for purposes other than those listed nor shall it transfer them to a third party without the user’s explicit consent. Any change to the Seller’s personal data protection statement shall be posted on this website.

 

4      Price

 

4.1. Product prices are listed on the ePost shop website. By selecting the product and by ordering it, the visitor or the customer confirms that he or she is aware of the selected products prices that are on the ePost shop website at the time of placing the order and that he or she agrees to them.

4.2. All prices shown on the ePost shop website are expressed in Croatian national currency, Croatian kuna (HRK) and are inclusive of VAT, and are also expressed in US dollar (USD) and EUR.

4.3. The Seller is authorized to change prices, special forms of sale (promotional sale, sale and seasonal discounts) at any time, in accordance with the regulations. The visitor or the customer is aware that changes in product prices are published on the Seller’s ePost shop website and undertakes to be informed about them prior to ordering by inspecting this website.

4.4. Prices, payment terms and special forms of sale for the ordered product are valid only at the time when the Seller receives the order, provided that the Seller accepts it.

 

5    Payment method

 

5.1   The customer shall pay the ordered product according to the model selected by him or her during the ordering process.

5.2   There are the following payment options:

1.       Card payment: Diners, MasterCard and Visa.

2.       Payment by PayPal service.

3.       Payment based on an offer (advance payment – general payment slip or Internet banking).

-  If the customer wants to pay for the product based on an offer, an offer can be placed via the online store and select the payment option - payment based on an offer. After the customer selects the product or service that he or she wants to order and sends the order to the e-mail address, he or she shall automatically receive a Confirmation with the exact amount to be paid. The customer’s order shall be checked by the administrator. In this case, the product is sent only after the payment is visible on the Seller’s account.

4.       Payment by cash of delivery at the delivery address

-  cash of delivery is valid only for the delivery of products within the Republic of Croatia.

5.       Payment by SWIFT service

-  If the customer from abroad wants to pay based on an offer, he or she can do it by a foreign currency transfer in his or her bank branch or via Internet banking by paying in favour of the business account of HP-Hrvatska pošta d.d. at Hrvatska poštanska banka.

-  When paying by swift service, the customer shall provide the following information:

-          Recipient: HP-HRVATSKA POŠTA d.d., Jurišićeva 13, 10000 Zagreb, Republic of Croatia

- IBAN: HR16 2390 0011 1000 1867 4

-          BIC/SWIFT: HPB ZHR2X

-          Payment description (offer number)

-          Cost option

 

Fees for foreign currency transfers are borne by the customer and are paid in the customer’s bank in accordance with that bank’s price list.

 

6     Delivery

 

6.1. The provisions of this Article 6 on delivery apply to the physical delivery of products. In particular, in case when the subject of delivery is a crypto stamp, the provisions of this Article apply only to the physical part of the crypto stamp that is delivered to the user’s address, while the virtual part of the crypto stamp, so called token is delivered in the manner described in Article 7 of these General Terms and Conditions.

6.2. Delivery in the territory of the Republic of Croatia is performed by the Seller, as a rule, from Monday to Friday from 7 am to 8 pm, only to the delivery address specified by the customer when filling out the order. Delivery in international traffic is performed by the designated postal operator of the destination country, in accordance with the positive regulations of the destination country and its terms of service.

6.3.  The following is not included in the delivery times specified in these General Terms and Conditions:

-                             day of order receipt (all orders for which the order’s acceptance was sent after 1 pm on a certain day shall be deemed accepted on the next working day);

-                             day of the order’s submission for shipment;

-                             delay time due to inaccurate and incomplete customer data;

-                             delay time due to the product’s unavailability for no fault of the Seller (technical reasons);

-                             delay time due to non-delivery of proof of payment for ordered products by the customer (in case of Payment based on an order);

-                             delay time due to force majeure or traffic jams for no fault of the Seller;

-                             non-working days (Saturday, Sunday and public holidays),

-                             in international traffic – days spent by the parcel at the customs of the designation country. The cost of delivery shall be borne by the customer.

6.4.  Products can be ordered 24 hours a day, seven days a week.

6.5. In case that delivery of the ordered product is not possible or the expected delivery date of the product is postponed for no fault of Seller, the Seller notifies the customer by e-mail or phone about the problems and a new delivery date is agreed. In the above case, the Seller bears no liability for such an event.

6.6. When taking over the delivered product, the customer is obliged to inspect it immediately, and in case of visible damage of the product, he or she is entitled to refuse to its takeover and request delivery of the undamaged product.

6.7. Upon delivery, the customer receives with the purchased product all the documents that accompany the product, depending on the product’s nature (e.g. user manual), the invoice and the parcel’s receipt, that must be signed by the customer. By signing the parcel’s return receipt, it shall be deemed that the product was taken over without visible damage.


 

6.8.  Delivery times in the Republic of Croatia to the requested address are as follows:

 

a) in the area of the city of Zagreb - within 48 hours

b) delivery in the remaining territory of the Republic of Croatia except islands - within 72 to 96 hours

c)  delivery to the islands - within 96 hours

 

6.9.  Delivery times on the international market:

 

-   European countries: within 5 working days*

-   Other countries of the world: within 12 working days*

 

* Delivery times on the international market are average and are listed here only indicatively because they depend on the prescribed method of handling and circumstances and rules of transit and destination post offices and countries.

 

6.10.  Delivery time for the cancelled stamps is extended by 48 hours.

 

 

7       Special provisions for the token delivery

 

7.1.  In cases where the subject of the product sales contract is a crypto stamp, as described on the ePost shop website, it is delivered to the customer as a physical product in accordance with the provisions of Article 6 of these General Terms and Conditions, while the virtual part of the crypto stamp, so called token is delivered to the customer by activation in compliance with the instruction contained on the ePost shop website. By accepting these General Terms and Conditions, the customer acknowledges and accepts that activation incurs an additional cost that the customer pays to the Ethereum network in accordance with the terms of that network, and that the Seller has no insight into that cost nor is it in any way related to it nor can affect it.

 

8        Seller’s liability

 

8.1.  The Seller is not liable for the costs of phone, Internet traffic or any other costs that may occur when ordering/submitting a request or browsing/searching the ePost shop website www.epostshop.hr nor it is liable for any damage that may occur due to the interruption of the Internet connection when using an online shopping service.

8.2 The Seller is in no way responsible for the relationship between the customer and the card bank, or other payment service provider, and does not guarantee or is responsible for the success of the sales process in cases where this process depends on the provision of services that are not directly controlled by the Seller.

8.3. As for the Seller’s liability for material defects of the product, the provisions of the Civil Obligations At and the related provisions of the Consumer Rights Act apply, if the customer is a natural person. The customer is responsible for any impairment of the product resulting from the product handling other than that which is necessary to determine the nature, features and functionality of the product.

8.4. The Seller’s Customer Service is available to customers in accordance with the working hours indicated on the ePost shop website to provide all necessary information regarding the products. The customer may call the Customer Service on the phone number: 072 303 304 or other numbers stated on the official website for this purpose or contact it via the official e-mail address: epostshop@posta.hr, or by sending an inquiry by regular mail to the address of the Seller’s registered office.

 
         
9      Contract duration

 

9.1.  The product sales contract lasts until the obligations specified by it are met.

 

10    Right to unilateral contract termination

 

10.1. In the case of distance shopping, the customer is entitled, without stating the reason, to terminate the contract within 14 (fourteen) days. The stated period starts from the day when the customer received the product.

10.2 The contract is terminated by the form for unilateral contract termination, the content of which is prescribed by the Minister responsible for consumer protection or by any other unambiguous statement by which the customer expresses his or her will to terminate the contract and that the customer is obliged to delivered by registered mail to the Seller to its registered office’s address. The customer is obliged to send the Statement on unilateral contract termination prior to the expiry of the contract termination deadline provided in the previous Article of these Terms and Conditions/pre-contractual notice.

10.3 The written notice shall state the data from the invoice/order (ordinal number, date, amount, product/service), customer data (name and surname, contact phone and e-mail) and bank’s name and current account number to which the customer wants the refund, or the information on the different desired mode of refund (postal order, PayPal etc.). The contract is terminated at the moment when the Seller receives the notice of termination.

10.4 If the service provider allows the customer to terminate the contract unilaterally on its website, the customer may unilaterally terminate such contract by filling in the form for unilateral contract termination or other unambiguous statement on the termination and send it to the Seller by an e-mail. In that case, the Seller shall, without delay, provide the customer with the return receipt of the termination statement on a durable medium.

10.5 In the event of the contract termination, the contracting parties are not obliged to meet their obligations under the concluded distance contract and each contracting party is obliged to return to the other what it has received under the contract. In case that he or she exercises his or her right to unilateral termination, the customer is obliged to bear the costs of returning the product to the Seller to its registered office’s address. The product returned by the customer shall be unused, in the original packaging, with all pertaining parts and documents, undamaged and fully functional.

10.6 Notwithstanding the provisions of the previous paragraphs of this Articles, in cases where the subject of the Product Sales Contract is a crypto stamp, the customer loses the right to unilaterally terminate that Contract if, during the unilateral termination period referred to in paragraph 10.1 of this Article, he or she initiates the activation process for delivery of the token referred to in Article 7.1 of these General Terms and Conditions. By accepting these General Terms and Conditions, the customer confirms that he or she is aware of the fact that the token, which is a virtual part of the crypto stamp, represents a digital content that is not delivered on a physical medium and that it cannot be returned to the Seller after starting the activation process. At the same time, the customer explicitly agrees that, in case he or she initiates the activation process, the fulfilment of the contract, in terms of delivery of digital content, begins prior to the expiry of the contract unilateral termination deadline and confirms that he or she is aware that he or she will lose the right to unilaterally terminate the contract.

 

 

11                Objections and complaints

 

11.1.  Pursuant to the Consumer Protection Act, the Seller allows customers to file written complaints. A complaint shall be submitted in writing and sent to the address: Hrvatska pošta, Customer Service, Poštanska ulica 9, 10410 Velika Gorica, or is sent by e-mail to epostshop@posta.hr. A complaint shall contain the facts and evidence on which it is based.

11.2.   A customer may file a complaint regarding the hidden material defects of the product within 2 (two) months after the defect was discovered, and no later than 2 (two) years after its takeover.

11.3.  The Seller shall respond to all objections and complaints regarding the product within 15 (fifteen) days after the complaint’s receipt.

 

11.4.  U In connection with a complaint or reclamation, the customer may initiate court or out-of-court proceedings only after having exhausted the procedures referred to in the previous paragraphs of this Article and the procedures established by the act governing general administrative proceedings in relation to protection against the Seller’s actions.

11.5.   In the event of a dispute between the customer and the Seller, an application may be submitted to the Court of Honour of the Croatian Chamber of Economy, Court of Honour of the Croatian Chamber of Trades and Crafts or a proposal for mediation at mediation centres. Proceedings before the courts of honour are conducted in accordance with the Rules of the Court of Honour at the Croatian Chamber of Economy and the Rules of the Court of Honour of the Croatian Chamber of Trades and Crafts, which stipulate the members of the councils of these courts, in addition to independent legal experts and the Seller’s representatives, and representatives of consumers. Mediation at the mediation centres is carried out in compliance with the provisions of the Mediation Act and in accordance with the Ordinance on mediation of mediation centres.

11.6.   Pursuant to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes, it is possible, as of 15 February 2016, to resolve all disputes related to online shopping through the ODR (Online Dispute Resolution) platform on the territory of the entire EU. The platform may be used by both consumers and traders, while complaints can be lodged in any of the EU’s official languages. The link for the platform is: https://ec.europa.eu/consumers/odr/

 

 

12      Confirmation of the concluded contract

 

12.1. In the case of distance shopping, the Seller delivers to the customer a confirmation of the concluded contract in accordance with item 2.3 of these General Terms and Conditions.

 

13       Final provisions

 

13.1.  These General Terms and Conditions are available on the ePost shop website.

13.2.  The Seller reserves the right to change these General Terms and Conditions at any time in accordance with the regulations and with the prior public announcement on the ePost shop website.

13.3.  The customer is obliged to be informed of these General Terms and Conditions by inspecting the ePost shop website.

13.4.  The Seller and the customer shall attempt to resolve all possible disputes regarding the application and execution of these General Terms and Conditions by mutual agreement, and the event of a court dispute, the court in Zagreb shall have territorial jurisdiction u. The relations between the Seller and the users regulated by these General Terms and Conditions and in relation to them are governed by Croatian law.

13.5.  By the entry into force of these General Terms and Conditions, the current Terms of distance shopping – pre-contractual notice for the ePost shop products and services shall cease to be valid.

13.6.  These General Terms and Conditions shall enter into force and be applied as of 30 December 2020.

 

 

HP- Hrvatska pošta d.d.

 

President of the Management Board

Ivan Čulo, m.p.