These General Business Conditions regulate the mutual rights and obligations of Claudo mador plus d.o.o. for production, trade and services, Zagreb, Croatia, as a seller and natural and/or legal persons as potential buyers on the website https://www.damp -removal.com/ after concluding the purchase agreement.
The website https://www.damp-removal.com/ is a presentation page that introduces site users and potential customers to the occurrence of capillary rising damp and a potential solution to the aforementioned problem. For more information related to the products of Claudo mador plus d.o.o., and to enter into a sales contract, natural and legal persons can contact Claudo mador plus d.o.o. in the following ways:
INFORMATION ABOUT THE SELLER
Name: Claudo mador plus d.o.o.
Abbreviated name: Claudo mador plus d.o.o.
Headquarters: Zagreb, Croatia, EU
Persons authorized for representation: Damir Jelaca
Phone number: 00385 98 388 652
Email address: guardian@damp-removal.com
For all questions and ambiguities related to these Terms of Business, more information or concluding a sales contract, you can contact Claudo mador plus d.o.o. at the e-mail address guardian@damp-removal.com or by phone at the number: 00385 98 388 652 from Monday to Friday from 8:00 a.m. to 5:00 p.m.
INTRODUCTORY ORDERS
The website https://www.damp-removal.com/ is a presentation page that introduces potential customers to the occurrence of capillary rising damp and a potential solution to the aforementioned problem.
The products on the website represent an invitation to address Claudo mador plus d.o.o. based on which potential customers will receive more information about the products, the price and other information necessary for the potential conclusion of a sales contract.
These terms of use regulate the relationship between consumers (hereinafter referred to as: Consumer, Buyer, User, Client) and Claudo mador plus d.o.o.. A consumer is any natural person who enters into a legal transaction or acts on the market outside of his trade, business, craft or professional activity.
When you send an inquiry for the products offered on the presentation website https://www.damp-removal.com/ or order them from Claudo mador plus d.o.o. as a legal entity, you are not considered a consumer, and the sections of these Terms of Use under entitled “Right to unilateral termination of the contract”, “Notice on the method of written consumer complaint” and “Material defect”. In that case, the relevant provisions of the Law on Obligatory Relations and the Law on Electronic Commerce, as well as other applicable regulations, apply to you.
GENERAL INFORMATION
The buyer and the seller are bound by these Terms of Use, and in the event that a certain provision is contrary to the mandatory regulations of Croatian law, the mandatory regulations will be applied.
The platform and content (mainly texts, images, drawings, logotypes, videos, sound recordings, data, graphics and the like) of the website https://www.damp-removal.com/ are protected by intellectual property rights. Customers and users of the website https://www.damp-removal.com/ may not dispose of the intellectual property rights of Claudo mador plus d.o.o., use or exploit the platform and the content of the website without the prior written approval of Claudo mador plus d.o.o..
Users and / or buyers of products on the website https://www.damp-removal.com/ are obliged to refrain from causing damage to third parties and are obliged to take actions to reduce possible damage.
Claudo mador plus d.o.o. is in no way responsible for the damage that the user may suffer by using the website https://www.damp-removal.com/ , unless the liability of Claudo mador plus d.o.o. is regulated by mandatory regulations of the USA.
Customers and/or users bear the costs of using the computer equipment and telecommunication services required to access the website https://www.damp-removal.com/ .
Claudo mador plus d.o.o. makes constant efforts to enable optimal operation and quality of the website. Claudo mador plus d.o.o. cannot guarantee that the use of the website will not be interrupted or temporarily unavailable.
Claudo mador plus d.o.o. reserves the right at any time and without prior notice to change, supplement or cancel any part of its business, which includes the website, or any part of it, services, sub-sites or services provided through them. The right in question includes, but is not limited to, changing the time of content availability, the availability of new data and the method of transmission.
Claudo mador plus d.o.o. reserves the right to change or supplement the General Business Terms at any time in order to adapt them to its technical and commercial environment and to comply with the applicable legislation. All changes and amendments come into force on the day they are published on the website https: //www.damp-removal.com/ .
The seller and the buyer are obliged to act in accordance with the principles of conscientiousness and honesty, the prohibition of causing damage and the duty to fulfill obligations.
CONTRACT CONCLUSION PROCEDURE
The website https://www.damp-removal.com/ is a presentation page that introduces site users and potential customers to the occurrence of capillary moisture and a potential solution to the aforementioned problem. For more information related to the products of Claudo mador plus d.o.o., and the conclusion of sales contracts, natural and legal persons should contact Claudo mador plus d.o.o. in the following ways:
All users of the website https://www.damp-removal.com/ before contacting Claudo mador plus d.o.o. should first read and familiarize themselves with the General Terms and Conditions of Business, and confirm that they have considered them.
Information about products on the website https://www.damp-removal.com/ can only be requested by their legal representatives in the name and on behalf of minors or persons deprived of legal capacity (completely or partially).
When filling out the form on the website https://www.damp-removal.com/ , the user, that is, the potential buyer, is obliged to enter all the information that is required of him in order to receive an answer.
The website https://www.damp-removal.com/ provides a basic description of the product. The photos shown are illustrative in nature and may not always match the available products in all details.
The user of the website, that is, a potential customer, can contact Claudo mador plus d.o.o. regarding a specific product he is interested in in order to get more information about the product and to be able to independently make a decision whether the product meets his needs.
The seller will contact the customer within 24 hours with information about the product (Saturdays, Sundays and non-working days are excluded).
After the buyer and the seller conclude the purchase contract, the seller will send the Terms of Use together with the order confirmation to the buyer’s e-mail address. The terms of use delivered to the customer via e-mail are binding on the contracting parties.
Claudo mador plus d.o.o. reserves the right to change information, including product prices on the website without prior notice. Along with the product image, there is a description of the main features of the product. For more information, the user of the website https://www.damp-removal.com/ , that is, the potential customer should contact Claudo mador plus d.o.o.
The retail price is personalized based on an automated decision-making system.
During the special form of selling goods at prices lower than the prices in the regular sale, including promotional sales, sales, seasonal reductions, sales of goods with errors and the sale of goods whose use-by date expires, Claudo mador plus d.o.o. is obliged to highlight the price it applies during the duration of the special form sale and the lowest price that he applied for the same goods during the period of 30 days before the implementation of the special form of sale.
In case of sale of goods with a defect, Claudo mador plus d.o.o. will clearly, visibly and legibly mark on the goods or on the website https://www.damp-removal.com/ that it is a sale of goods with a defect and inform the consumer of what it consists of product error.
Regarding any question, a potential customer can contact Claudo mador plus d.o.o. in the following ways:
PRODUCT PRICE, PAYMENT METHOD AND PRODUCT SHIPMENT
The website https://www.damp-removal.com/ is a presentation page that introduces site users and potential customers to the occurrence of capillary rising damp and a potential solution to the aforementioned problem. For more information related to the products of Claudo mador plus d.o.o., including the price of the product, the method of payment, shipping and installation of the product, and the conclusion of the sales contract, natural and legal persons should contact Claudo mador plus d.o.o. in the following ways:
SHIPPING
The website https://www.damp-removal.com/ is a presentation page that informs site users and potential customers about the occurrence of capillary rising damp and a potential solution to the aforementioned problem. For more information related to the products of Claudo mador plus d.o.o., including the price of the product, the method of payment, shipping, delivery and installation of the product, and the conclusion of the sales contract, natural and legal persons should contact Claudo mador plus d.o.o. in the following ways:
Obligations of the seller and the buyer when delivering the product
Claudo mador plus d.o.o. undertakes to deliver the Customer’s order in a timely manner, if the Customer has provided completely accurate and truthful information.
Customers are asked to inspect the package in front of the delivery person, i.e. in front of a person designated by Claudo mador plus d.o.o. if the goods are picked up at the Claudo mador plus d.o.o. branch office, in order to avoid subsequent complaints due to the possibility of damage to the shipment during delivery or handover, and to refuse to collect the package if it is damaged.
With his signature upon pickup, the customer confirms that he has picked up the package in an undamaged condition, and the delivery service is not responsible for any complaints, damage or loss of the content of the picked-up package, except with proof that the damage did not occur after delivery.
The buyer is obliged to report any damage immediately to the delivery person who delivered the goods, or refuse to take over the product with visible external damage.
After the buyer reports the defect, the buyer is obliged to return the defective product, after which the seller will repair or send a replacement product to the buyer, free of charge. In the case of the above, the customer has no right to request a refund. The seller is not responsible for possible damages and other obligations that are in the domain of the delivery person (the company that carries out product delivery).
The seller undertakes to deliver a product that is correct and corresponds to the product description listed at https://www.damp-removal.com/ . The displayed product colors may vary slightly from the actual product color due to the difference in display on the computer screen.
If the buyer (or recipient specified in the order) does not want to collect the shipment from the delivery person in case of visible damage, or is not found at the specified address, the shipment is returned to the seller, and the buyer will be contacted again and informed by phone and e-mail about the impossibility of delivery, with by asking if he wants to pick up the goods himself or if he wants a repeat delivery. Each repeated delivery is charged according to the valid price list of the delivery service.
If Claudo mador plus d.o.o. is unable to deliver the ordered product, it will notify the customer. The customer can cancel the order or wait until the product is available again. If Claudo mador plus d.o.o. is not able to deliver the product within the agreed period, it informs the customer about this, who is obliged to leave him a subsequent reasonable period for the fulfillment of the sales contract.
Claudo mador plus d.o.o. reserves the right to demand compensation for the costs of manipulation, transport and other possible costs in cases where the customer does not take over the product or refuses to take over the product without a valid reason.
WARRANTY AND SERVICE TERMS
If a particular product has a warranty or is subject to service conditions, the same is highlighted in the description of that product. The rights from the warranty certificate can only be used with the presentation of the warranty certificate and invoice, and for the duration of the warranty period.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
The consumer can simply terminate the contract within 14 days without giving a reason. The period of 14 days begins to run from the day when the product is handed over to the consumer or a third party designated by the consumer, who is not the carrier.
If the consumer orders several pieces of products in one order that should be delivered separately, that is, if it is a question of goods that are delivered in several pieces or in several shipments, the 14-day period begins to run from the day when the consumer or a third party specified by the consumer, and which is not the carrier, handed over the last piece or the last shipment of the product.
If a regular delivery of goods is contracted for a certain period, the period of 14 days begins to run from the day when the first piece or the first shipment of the product is handed over to the consumer or a third person designated by the consumer, who is not the carrier.
If the consumer is not informed about the right to terminate the contract, the right of the consumer to unilaterally terminate the contract ends after 12 months from the expiration of the 14-day period.
If the seller has notified the consumer of the right to terminate the contract within 12 months, the right to unilaterally terminate the contract expires after the expiration of 14 days from when the consumer received that notice.
In order for the consumer to be able to exercise the right to unilaterally terminate the contract, he must notify the seller in writing of his decision to unilaterally terminate the contract before the expiry of the 14-day period, in an unequivocal statement sent by e-mail to the address guardian@damp-removal.com , in which he will state your first and last name, address, phone number or email address.
The consumer is obliged to return the goods to the Claudo mador plus d.o.o.
The seller is not obliged to refund additional costs that are the result of the consumer’s explicit choice of a type of transport that is different from the cheapest type of standard transport offered by the seller.
The seller must refund the amount paid using the same means of payment used by the consumer when paying, unless the consumer expressly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund.
Unless the seller has offered to pick up the goods returned by the consumer himself, the consumer must return the goods without delay, and at the latest within 14 days from when he informed the seller of his decision to terminate the contract.
It is considered that the consumer has fulfilled his obligation to return the goods on time if he sends the goods or hands them over to the seller or a person authorized by the seller to receive the goods before the expiry of the deadline.
The buyer is obliged to return the product that he returns to the seller complete, in the same condition in which it was delivered and in the original packaging (trade packaging in which the goods were delivered), with all associated parts and documentation.
The consumer is obliged to bear all the costs of returning the product.
The consumer is responsible for any reduction in the value of the goods resulting from the handling of the goods other than that which was necessary to determine the nature, characteristics and functionality of the product.
In order for the consumer to determine the nature, characteristics and functionality of the goods, he can handle the goods and inspect the goods exclusively in the manner that is customary when buying goods at the seller’s premises. The goods that the buyer intends to return within 14 days may not be modified, used, or undertaken in particular by any actions that may not be undertaken in the physical branch of the seller, as well as those that would reduce the value of the goods.
In the event of a decrease in the value of the product as a result of handling the product, the seller will be charged from the amount of the purchase price received in the proportion of the decrease in the value of the goods according to his own assessment, taking into account the objective criteria of each individual case.
Confirmation of receipt of the declaration of unilateral termination of the contract will be delivered by the seller to the consumer without delay to the e-mail address.
If the consumer exercises his right to unilaterally terminate the contract, Claudo mador plus d.o.o. must, without delay, and no later than within 14 days from the day on which he received the notification of the consumer’s decision to terminate the contract, return to the consumer everything he paid on the basis of the contract. Except when the seller has offered to collect the goods returned by the consumer himself, the seller must refund the payment only after the goods have been returned to him, that is, after the consumer has provided him with proof that he sent the goods back to the seller, if the seller was informed of this before receipt goods.
The right to terminate the sales contract is not allowed in the following cases when:
When the buyer is a legal entity, the section of these Terms of Use entitled “Right to unilateral termination of the contract” does not apply to him. The Law on Obligatory Relations and the Law on Electronic Commerce apply to legal entities.
NOTICE ON THE MANNER OF WRITTEN COMPLAINT BY THE CONSUMER
In accordance with the best and fair business practice, and in accordance with Art. 10 of the Law on Consumer Protection, we inform consumers that they can submit a written complaint expressing their dissatisfaction with the purchased product, the service provided or the business of Claudo mador plus d.o.o. by mail to the address:
Claudo mador plus d.o.o.
Zagreb, Croatia
or send via e-mail to guardian@damp-removal.com
When submitting a complaint that was not sent by e-mail, it is important to provide accurate information about your name and address, so that Claudo mador plus d.o.o. can provide the consumer with an answer within the legal deadline.
Claudo mador plus d.o.o. will confirm the receipt of the consumer’s complaint without delay in writing by mail or electronic mail.
Claudo mador plus d.o.o. will respond to complaints in writing by mail or email within 15 days from the day of receipt of the complaint in accordance with the notice on how to submit a written complaint, clearly stating whether it accepts the validity of the consumer’s complaint. For any additional questions, we are at your disposal by e-mail guardian@damp-removal.com , and by phone +1 702 354 8391 from Monday to Friday from 8:00 a.m. to 5:00 p.m.
If the buyer is a legal entity, the consumer protection rules prescribed in these Terms of Use and the Consumer Protection Act do not apply to him.
MATERIAL DEFECTS
Claudo mador plus d.o.o. is responsible for material defects of the product.
The seller is responsible for the material defects of the things that he had at the time of the transfer of risk to the buyer, regardless of whether he was aware of this, as well as for material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed before that.
It is assumed that any defect in the item, which was demonstrated within one year from the moment of transfer of risk, existed at the moment of transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the item or the nature of the defect. In the case of commercial contracts, the aforementioned assumption refers to a period of six months from the moment of transfer of risk.
The seller is not responsible for defects that appear after two years have passed since the item was handed over, and six months in the case of a commercial contract.
There is a material lack of things:
The last four defects do not exist in consumer contracts if, at the time of concluding the contract, the consumer was specifically informed that a certain feature of the item deviates from the criteria used to determine the said defects and if the consumer expressly and separately accepted this when concluding the contract.
The buyer is obliged to inspect the received item in the usual way or to have it inspected and to notify the seller of any visible defects within eight days, and in the case of a commercial contract without delay, otherwise he loses the right that belongs to him on that basis.
In the case of consumer contracts, the consumer as a buyer is not obliged to inspect the item or submit it for inspection, but he is obliged to inform the seller of the existence of visible defects within two months from the day he discovered the defect, and at the latest within two years from the transfer of risk to the consumer.
When, after receiving the item by the buyer, it turns out that the item has a defect that could not be detected during a normal inspection when taking over the item, the buyer is obliged, under threat of loss of rights, to notify the seller of this defect within two months from the day the defect discovered, and in the case of a commercial contract – without delay.
The seller is not responsible for defects that appear after two years have passed since the item was handed over, and six months in the case of a commercial contract.
The buyer who informed the seller about the defect in a timely and proper manner is authorized to:
When exercising the right to remove the defect, the buyer primarily has the right to choose between repair and replacement of the item, unless the chosen method of removing the defect would be impossible or if it would result in disproportionate costs for the seller compared to another method of removing the defect, taking into account all the circumstances, and especially the value of the item without the defect, the significance of the defect and the question of whether the repair or replacement can be done without considerable inconvenience to the customer.
Repair or replacement of defective items is carried out free of charge, within a reasonable time from the moment when the buyer informed the seller about the defect and without significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer needed the item.
In the event that repair or replacement of defective items is not possible, the customer has the right to a price reduction.
The buyer can terminate the contract only if he has previously given the seller compensation for an adequate term for the fulfillment of the contract. If the defect is insignificant, the customer has no right to terminate the contract.
The buyer can terminate the contract even without leaving a subsequent deadline if the seller, after notifying him of the defects, has informed him that he will not fulfill the contract, or if it is obvious from the circumstances of the specific case that the seller will not be able to fulfill the contract even in the subsequent deadline, as well as in the case where the buyer, due to the seller’s delay, does not can achieve the very purpose for which he concluded the contract.
If the seller does not fulfill the contract in the subsequent period, it is terminated according to the law itself, but the buyer can keep it in force if he declares to the seller without delay that he keeps the contract in force.
We emphasize that in accordance with the Law on Consumer Protection, a material defect in goods, when necessary, is proven by expert examination in authorized institutions or with the help of an authorized court expert. If a material defect in the goods appears within one year from the date of transfer of risk to the consumer, and the seller considers that the defect did not exist at that time, the costs of the expert examination are advanced by the trader, and ultimately borne by the trader or the consumer, depending on the result of the expert examination.
If a material defect in the goods appears after the expiry of the aforementioned period, but no later than two years from the date of transfer of risk to the consumer, the costs of the expert examination shall be advanced by the consumer, and ultimately borne by the trader or the consumer, depending on the result of the expert examination.
When the buyer is a legal entity, the rules on material deficiency prescribed by the Obligatory Relations Act apply to him.
RESOLUTION OF DISPUTES
In the event of a dispute, Claudo mador plus d.o.o. and the consumer will try to resolve the dispute amicably.
If it is not possible to resolve the dispute amicably, the competent court in the Republic of Croatia is competent in terms of actual and local jurisdiction, applying Croatian law, unless the applicable regulations stipulate otherwise.
The resolution of disputes is possible before the Court of Honor of the HGK or other centers for conciliation.
Consumer disputes can be resolved via the ODR platform of the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR .
COOKIE RULES
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