General terms and Conditions

 I. Seller details

II. Introductory regulation

III. General information

IV. Contracting procedure

V. Product price, method of payment and shipment of products

VI. Delivery

VII. Personal pick up

VIII. The right to unilateral termination of the contract

IX. Notice of the manner of written consumer complaintX. Rješavanje sporov

X. Rješavanje sporova

XI. Material defects

XII. Warranty

XIII. Cookie policy

All regulations contained in the General Terms and Conditions apply to the domain koko.hr and the subdomain shop.koko.hr.

SELLER INFORMATION

Name: KOKO, craft for production and services, owned by Petra Ivaštanin, Zagreb (hereinafter: KOKO)

Abbreviated name: KOKO, owner Petra Ivaštanin

Headquarters: Maceljska ulica 11, 10000 Zagreb

Entered in: Department for Trade Register, Record of Collective Agreements and Register of Trade Unions and Employers’ Associations, Department for Economic Activities and Labor of the City of Zagreb, MBO: 91368804

Business bank: Zagrebačka banka d.d.

IBAN: HR1723600001101521297

ID Number: 60307500055

Persons authorized to represent: Petra Ivaštanin

Phone number: +385 98 1643 222 / +385 1 38 63 727

E-mail address: info@koko.hr

For all questions and ambiguities related to these Terms of Use or the order procedure, you can contact KOKO at the info@koko.hr or by phone at: +385 98 1643 222 / +385 1 38 63 727 from Monday to Friday from 7:00 to 15:00.

INTRODUCTORY REGULATIONS

The products on the web shop represent an invitation to purchase and KOKO will decide on the acceptance of the offer given by the consumer. The conclusion of a contract via the website https://www.koko.hr/ is the conclusion of a distance contract and the acquis communautaire, including the regulations of the Republic of Croatia, applies to it.

These terms of use regulate the relationship between the consumer and KOKO. A consumer is any person who enters into a legal transaction or operates on the market outside his trade, business, craft or professional activity. When you order products on the websie https://www.koko.hr/ as a legal entity, you are not considered a consumer, and you are not covered by the sections of these Terms of Use entitled “Right to unilateral termination of the contract”, “Notice of written consumer complaints ”and“ Material defect ”. In this case, the relevant provisions of the Civil Obligations Act and the Electronic Commerce Act, 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 apply. The content of the website  https://www.koko.hr/ is protected by intellectual property rights. Buyers and users of the website  https://www.koko.hr/ may not dispose of the intellectual property rights of KOKO without prior approval.

Users and / or buyers of the product are obliged to refrain from harming third parties and are obliged to take actions to reduce any damage.

KOKO is in no way responsible for the damage that the user may suffer by using the website https://www.koko.hr/, unless the liability of KOKO is regulated by mandatory regulations of the Republic of Croatia.

Customers bear the costs of using computer equipment and telecommunications services required to access the website https://www.koko.hr/.

KOKO invests constant efforts to ensure optimal operation and quality of the website. KOKO cannot guarantee that the use of the website will not be interrupted or temporarily unavailable.

KOKO reserves the right at any time and without prior notice to modify, supplement or discontinue any part of its business, including the Website, or any part thereof, services, subpages or services provided through them. The law in question includes, but is not limited to, changes in the time of availability of content, the availability of new data and the method of transmission.

KOKO reserves the right to change or amend the Terms of Use at any time. All changes and amendments become effective on the day of publication on the website https://www.koko.hr/.

The contracting parties 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

All customers who place an order via the website https://www.koko.hr/ are required to read the Terms of Use before ordering. The purchase is made by filling out the form provided on the website https://www.koko.hr/.

The purchase of products in the name and on behalf of a minor or a person deprived of legal capacity (in whole or in part) may be requested only by their legal representatives.

When filling out the form, the buyer is obliged to enter all the information required so that the delivery passes smoothly. Purchases via the website https://www.koko.hr/ are possible 24 hours a day, 7 days a week. The customer will be notified by email of the receipt of the order and the sending of the package

If KOKO does not fulfill the contract within the deadline, it will inform the consumer in writing without delay. The consumer has the right to terminate the contract only if he gave the web shop KOKO a subsequent reasonable deadline for fulfillment, unless the circumstances of the case indicate that the trader will not be able to fulfill the contract even at a later date.

On the website https://www.koko.hr/ it is possible to place an order as a guest, or without registration. In this case, the customer will be asked only those data that are relevant to the processing of the order.

Purchases are made by ordering available products that the customer chooses based on the photo and basic description.

The customer can choose a specific product that interests him and read the available product description so that he can independently decide whether the product meets his needs. The buyer selects products from the product catalog on the website https://www.koko.hr/ which is arranged according to product types.

For products that come in several sizes, the customer is obliged to choose the size of the product in a specific menu.

By clicking on “Buy now” the selected product is added to the cart. By placing the product in the cart, the product is not reserved, ordered or purchased. The customer can continue to add products or view the cart by clicking on “Cart”. When the customer completes the product selection process, clicking on “Cart” will redirect to the page where the product overview is given in the cart.

The customer can choose “Buy now” after which he will be redirected to the page where the customer is required to enter their personal information, payment method, and select the delivery address of the ordered products. The customer can also add a special note in the field provided.

It is not possible to continue the purchase without checking the box “I accept the terms of purchase and privacy policy” which marks the buyer confirms that he has read and understood these Terms of Use and that he agrees with them.

If the customer agrees to buy the products in the cart, he can click on the “Order” icon.

After the buyer places the order, the seller will send the Terms of Use to the buyer’s e-mail address together with the order confirmation and the order number confirming that the buyer’s order has been received and is being processed. The terms of use provided to the customer by e-mail are binding on the contracting parties.

The seller will send the buyer a confirmation of the concluded sales contract together with the confirmation that the package has been sent to his e-mail address.

KOKO reserves the right to change the information, including product prices on the site without prior notice. The image of the product is accompanied by a description of the main features of the product and its price including VAT. The retail price is personalized based on an automated decision making system.

During the special form of sale of goods at prices lower than the prices in regular sales, including promotional sales, sales, seasonal discounts, sale of defective goods and sale of expired goods, KOKO is obliged to indicate the price applied during the special form of sale and the lowest the price he applied for the same goods during the period of 30 days before the implementation of the special form of sale.

In the case of the sale of defective goods, KOKO will clearly, visibly and legibly indicate on the goods or on the page https://www.koko.hr/ that it is a sale of defective goods and inform the consumer what the defect in the goods consists of.

Regarding any inquiry, the customer can contact KOKO by phone at +385 98 1643 222 / +385 1 38 63 727 from Monday to Friday from 8:00 to 16:00 or by e-mail to info@koko.hr.

If you have not received the ordered products that you paid for within the agreed delivery time, please inform KOKO about it at the e-mail address info@koko.hr.

PRODUCT PRICE, METHOD OF PAYMENT AND SHIPMENT OF PRODUCTS

Choice of payment method

You can pay for the ordered products and delivery according to the model you choose during the fulfillment of the order.

Payment for the product can be made:

  • payment by direct bank transaction
  • payment upon collection (cash on delivery – no additional costs for the customer)
  •  payment in installments or one-time cards
  •  payment via the KEKS Pay service
  •  payment via cryptocurrency (PayCek)

Payment can be made by the following credit cards:

• Visa, MasterCard, Maestro and Diners

Installment payment is possible with Erste Diners, Maestro, Mastercard and Visa cards up to 6 installments. Cards of other issuing banks go once through the Erste terminal.

1. Payment by direct bank transaction (payment by general payment slip / bank transfer / internet banking)

The option of payment by direct bank transaction enables payment by internet banking, mobile banking, at the bank, post office and the like. By selecting this option when ordering the product, the customer will receive the information needed to make the payment to his e-mail address. The delivery process begins when we record a payment in our system.

In the event that we do not receive your payment within the next 3 business days, we will consider that you have canceled your order. KOKO undertakes to reserve the product in the warehouse for 3 working days, not including Saturday. After the expiration of 3 working days from the receipt of the order, KOKO does not guarantee the availability of the product.

2. Payment upon receipt of the shipment (cash on delivery)

If you decide to pay when picking up the shipment, you are obliged to pay for the products only when picking them up. You are obliged to pay the invoice for the ordered product to the delivery person when delivering the ordered product. Payment to the courier is only possible in cash. It is good to have the exact amount prepared to make the handover faster.

3. Payment by card

If you decide to pay by credit card, select the online credit card payment option and click on “BUY” and within the PayWay interface select the type of credit card you want to pay with (Diners, MasterCard, Visa and Meastro) and enter the required information. When you click “BUY”, you will see information about your order. Then select “Order Confirmation” and your purchase is complete. You will receive a confirmation of the order to your e-mail or we will contact you by phone if for some reason the order cannot be realized right away. The Pay Way system will also automatically send you a confirmation email about the pre-authorization of your card for the specified amount.

In case of unsuccessful payment authorization, the purchase process is terminated. The customer is responsible for the accuracy of the information provided using the web shop service.

Payment is considered made at the time the payment is recorded in our system or at the time of receipt of authorization by the card issuer.

The agreed purchase price includes VAT and is expressed in Croatian kuna. Please note that the means of payment in the Republic of Croatia is the kuna, and the buyer pays the cost of currency conversion.

4. Payment via KeksPay service

Quick and easy payment, without overwriting card data. When paying, customers have no daily or monthly limits and do not pay any fees.

For payments via the KeksPay service, it does not matter in which bank the customer has a business account, the KeksPay service accepts all invoices without any hidden or lump sum / additional costs.

5. Cryptocurrencies (PayCek service)

If you want to pay in cryptocurrencies, this is provided by PayCek electronic payment service, which will immediately convert your payment in cryptocurrencies into HRK. PayCek is tailored for all types of payments and special emphasis is placed on transaction speed. PayCek accepts the most popular cryptocurrencies: bitcoin, ether, ripple, stellar and EOS. Simple, fast and safe!

DELIVERY

KOKO dostavu vrši unutar cijelog područja Republike Hrvatske. Dostava je besplatna.

KOKO delivers within the entire territory of the Republic of Croatia. Delivery is free.

The seller, in agreement with the buyer, sends the goods by their own delivery or delivery service.

Delivery time is within 20 days depending on the availability of the product listed with each product.

All orders received on working days until 1 pm are processed on the same day, so that in most cases the ordered product is delivered to the delivery service on the same day. Orders after 1 pm on working days (except Fridays) are handed over the next day, while orders from Friday after 1 pm are handed over on Mondays. On Mondays, we also process orders received during Saturday and Sunday.

Ordered products are delivered to the entrance to the residential building. Please note that the delivery person is not obliged to carry the goods to the floor where the buyer lives, but only to the entrance to the apartment building.

If the recipient does not exist at the specified address or the address is unknown, the delivery service will try to contact the recipient to agree on the exact time and possibly another delivery address. In case of impossibility of delivery, the shipment is returned to the warehouse https://www.koko.hr/.

We undertake to deliver your order on time, if you have filled in your information completely accurately and truthfully.

Customers are asked to inspect the package when they pick it up and refuse to download the package if it is damaged. By signing the receipt, the buyer confirms that he received the package in undamaged condition and the delivery service is not responsible for any complaints, damage or reduction of the contents of the downloaded package, except with proof that the damage did not occur after delivery.

The buyer is obliged to immediately complain about possible damage to the delivery person who delivered the goods, ie to refuse to take over the product on which external damage is visible.

After the buyer complains about the defect, the buyer is obliged to return the defective product after which the seller will make a repair to the buyer or send a replacement product, free of charge. In the case of the above, the buyer has no right to request a refund. The seller is not responsible for any damages and other obligations that are in the domain of the supplier (the company that performs the delivery of products).

The seller undertakes to deliver the product that is correct and corresponds to the product description given at www.koko.hr.

The displayed product colors may differ in small shades from the actual product color due to differences in the display on the computer screen.

Coco leather goods give the customer the opportunity to choose a product in a different color and type of leather and gives the option to choose the color of metal, but the customer is obliged to write in the note which color and type of leather he wants and what color of metal he wants, otherwise defined in the note the product from the picture will be delivered to him.

If the buyer (or the recipient specified in the order) does not want to pick up the shipment from the courier 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 asked if he wants to pick up the goods himself or wants re-delivery. Each repeated delivery is charged according to the valid price list of the delivery service.

KOKO reserves the right to claim reimbursement of handling, 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.

SHOWROOM

KOKO offers the possibility of personal arrival in the showroom at the address Maceljska ulica 11, Zagreb, only with prior notice by phone +385 98 1643 222 / +385 1 38 63 727, or info@koko.hr.

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 a carrier.

If the consumer orders several pieces of products to be delivered separately in one order, or if the goods are delivered in several pieces or more shipments, the period of 14 days begins to run from the day when the consumer or a third party designated by the consumer which is not a carrier, possessed the last piece or the last shipment of the product.

If regular delivery of goods is agreed for a certain period, the 14-day period starts from the day when the first piece or the first consignment of the product is handed over to the consumer or a third party designated by the consumer, who is not the carrier.

If the consumer is not informed of the right to terminate the contract, the consumer’s right to unilateral termination of the contract expires after 12 months from the expiration of 14 days.

If the seller has notified the consumer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract shall cease after 14 days from the date of receipt of the notice by the consumer.

In order for the consumer to exercise the right to unilateral termination of the contract, he must notify the seller in writing of his decision to unilaterally terminate the contract before the expiration of 14 days by an unequivocal statement sent by e-mail to  info@koko.hr, stating his name and last name, address, telephone number or email address.

The consumer is obliged to return the goods to the address KOKO, owner Petra Ivaštanin, Maceljska ulica 11, 10000 Zagreb.

The seller is not obliged to reimburse the additional costs resulting from the consumer’s explicit choice of mode of transport other than the cheapest type of standard transport offered by the seller.

The seller must refund the payment using the same means of payment used by the consumer when paying, payment, and assuming that the consumer is not obliged to pay any additional costs for such refund.

Unless the seller has offered to pick up the goods returned by the consumer, the consumer must return the goods without delay, and no later than 14 days after notifying 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 before the deadline or hands them over to the seller, or to the person authorized by the seller to receive the goods.

The buyer is obliged to return the product returned to the seller complete, in the same condition in which it was delivered to him and in the original packaging (commercial 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 impairment of the goods resulting from the handling of the goods other than that 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 only in the way that is usual when buying goods at the seller’s premises. The goods that the buyer intends to return within 14 days must not be modified, used, or taken in particular any actions that may not be taken in the physical office of the seller, as well as those that would reduce the value of the goods.

In the event of impairment of the product resulting from the handling of the product, the seller will be charged from the amount of the purchase price received in the ratio of impairment of goods at its own discretion, taking into account the objective criteria of each case.

Confirmation of receipt of the statement 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 unilateral termination of the contract, KOKO must without delay, and no later than 14 days from the date of receipt of notification of the consumer’s decision to terminate the contract, return to the consumer everything he paid under the contract. Except when the seller has offered to pick up the goods returned by the consumer, the seller must refund the payment only after the goods are returned to him, or after the consumer provides proof that he sent the goods back to the seller, if the seller was notified before receipt goods.

The right to terminate the contract of sale is not allowed in the following cases when:

  1. the trader has fully fulfilled the service contract and the fulfillment has started with the explicit prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully performed,
  2. the subject of the contract for goods or services whose price depends on changes in the financial market that are beyond the influence of the trader, and which may occur during the consumer’s right to unilateral termination of the contract,
  3. the subject of the contract is goods made to the consumer’s specification or clearly adapted to the consumer,
  4. the subject of the contract is perishable goods or goods that are rapidly expiring,
  5. the subject of the contract is sealed goods which due to health or hygiene reasons are not suitable for return, if they were unsealed after delivery,
  6. the subject of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery.

The form for unilateral termination of the contract can be found at the linku.

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. For legal entities, the Civil Obligations Act and the Electronic Commerce Act apply.

NOTICE ON THE MANNER OF WRITTEN COMPLAINT OF THE CONSUMER

In accordance with the best and fair business practice, and in accordance with Art. 10 of the Consumer Protection Act, we ask consumers to submit a written complaint expressing their dissatisfaction with the purchased product, service or business KOKO with the consumer by mail to the address:

 

KOKO, owner Petra Ivaštanin

Maceljska street 11

10000 Zagreb

or send via e-mail to info@koko.hr.

 

When submitting a complaint that was not sent by e-mail, it is important to provide accurate information about your name and surname and address in order for KOKO to be able to provide the consumer with a response within the legal deadline.

KOKO will acknowledge receipt of consumer complaints in writing or by e-mail without delay.

KOKO will respond to complaints in writing by mail or e-mail within 15 days from the date of receipt of the complaint in accordance with the notice on how to file a written complaint, clearly stating whether it accepts the merits of the consumer’s complaint.

For all additional questions, we are available via the telephone call center: +385 98 1643 222 / +385 1 38 63 727and e-mail at info@koko.hr.

Ukoliko je kupac pravna osoba, na njega se ne odnose pravila o zaštiti potrošača propisana ovim Uvjetima korištenja i Zakonom o zaštiti potrošača.

DISPUTE RESOLUTION

In the event of a dispute, KOKO and the consumer will try to resolve the dispute amicably.

If the dispute cannot be resolved amicably, the court with actual and territorial jurisdiction in the Republic of Croatia with the application of Croatian law shall have jurisdiction, unless the applicable regulations prescribe otherwise.

Disputes can be resolved before the Court of Honor or other conciliation centers.

Consumer disputes can be resolved through the European Commission’s ODR platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR.

MATERIAL DEFICIENCIES

KOKO is responsible for material defects of the product.

The seller is liable for material defects of the goods that existed at the time of the transfer of risk to the buyer, whether known to him, as well as for material defects that occur after the transfer of risk to the buyer if they are due to a pre-existing cause.

It is presumed that any defect in the item, which was demonstrated within one year from the time of the transfer of risk, also existed at the time of the transfer of risk, unless the seller proves otherwise or contrary to the nature of the item or the nature of the defect. This assumption applies to commercial contracts for a period of six months from the time the risk is transferred.

The seller is not responsible for defects that appear after two years have passed since the delivery of the item, and in the case of a trade contract six months.

There is a material lack of things:

  • if the item does not correspond to the description, type, quantity and quality, ie it does not have functionality, compatibility, interoperability and other features as determined by the sales contract,
  •  if the item is not suitable for any special purpose for which the buyer needs it and with which the buyer informed the seller at the latest at the time of concluding the contract and in relation to which the seller gave his consent,
  •  if the item is not supplied with all accessories and instructions, including installation instructions, as specified in the sales contract,
  •  if the item is not delivered with updates as specified in the sales contract
  •  if the item is not suitable for use for purposes for which the item of the same type would normally be used, taking into account all European Union and Croatian regulations, technical standards or, if such technical standards do not exist, applicable codes of conduct in a particular area ,
  •  if the item does not correspond to the quality and description of the sample or model that the seller made available to the buyer before concluding the contract
  • if the item is not supplied with accessories, including packaging, installation instructions or other instructions, the receipt of which the customer can reasonably expect,
  • if the item does not match the quantity or does not have those properties and other characteristics, including those related to durability, functionality, compatibility and safety, which are common to the item of the same type and which the buyer can reasonably expect given the nature of the item and taking into account all public statements made by the seller or other persons in previous stages of the transaction chain, including the manufacturer, or made on their behalf, in particular in advertising or labeling,
  •  if the item is incorrectly installed or assembled, and the installation or assembly service forms part of the sales contract and was performed by the seller or the person for whom he is responsible, or
  •  if the thing that was intended to be installed or assembled by the buyer is incorrectly installed or assembled by the buyer, and improper installation or assembly is due to a lack of instructions provided by the seller

The last four shortcomings do not exist in consumer contracts if, at the time of concluding the contract, the consumer was specifically informed that a certain feature deviates from the criteria used to determine these shortcomings and if the consumer explicitly and separately accepted it when concluding the contract.

The buyer is obliged to inspect the received item in the usual way or give it for inspection and inform the seller about visible defects within eight days, and in the case of a trade contract without delay, otherwise he loses the right that belongs to him on that basis.

In consumer contracts, the consumer as a buyer is not obliged to inspect the item or give it for inspection, but is obliged to inform the seller of the existence of visible defects within two months from the date of discovery, and no later than two years from the transfer of risk to the consumer.

When, after receiving the item from the buyer, it turns out that the item has a defect that could not be detected by the usual inspection when taking over the item, the buyer is obliged, under threat of loss of rights, to notify the seller within

two months from it was 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 delivery of the item, and in the case of a trade contract six months.

The buyer who has timely and duly notified the seller of the defect is authorized to:

  1. require the seller to eliminate the defect,
  2. require the seller to hand over other items without defect,
  3. demand a proportional reduction in the price,
  4. declare to terminate the contract.

When exercising the right to eliminate the defect, the buyer, primarily, has the right to choose between repair and replacement, unless the chosen method of eliminating the defect would be impossible or if it would incur disproportionate costs to the seller in relation to other means of eliminating the defect. in particular the value of the defective item, the significance of the defect and the question of whether the repair or replacement can be carried out without significant inconvenience to the customer.

Repair or replacement of defective items shall be carried out free of charge, within a reasonable time from the moment the buyer notifies the seller of the defect and without significant inconvenience to the customer, taking into account the nature of the item and the purpose for which the customer needed it.

In the event that the repair or replacement of defective items is not possible, the buyer is entitled to a price reduction.

The buyer may terminate the contract only if he has previously given the seller a reasonable period of time to complete the contract. If the defect is insignificant, the buyer has no right to terminate the contract.

The buyer may terminate the contract without leaving a subsequent deadline if the seller informed him after the notification of defects that he will not fulfill the contract or if the circumstances of the case clearly show that the seller will not be able to fulfill the contract later, as well as if the buyer may achieve the very purpose for which it entered into the contract.

If the seller does not fulfill the contract within the subsequent period, it is terminated by law, but the buyer can keep it in force if he declares without delay to the seller that the contract remains in force.

We emphasize that in accordance with the Law on Consumer Protection, material shortage of goods, when necessary, is proven by expertise in authorized institutions or with the help of a certified court expert. If the material defect in the goods occurs 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 expertise are advanced by the trader and finally borne by the trader or consumer, depending on the result of expertise.

If the material defect in the goods occurs after the expiration of the aforementioned period, but not later than two years from the date of transfer of risk to the consumer, the costs of expertise are advanced by the consumer and finally borne by the trader or consumer, depending on the expertise.

When the buyer is a legal entity, the rules on material deficiency prescribed by the Law on Obligations apply to him.

WARRANTY

Some products sold through the web shop https://www.koko.hr/ have a warranty. Each manufacturer prescribes the conditions under which the product warranty is given.

COOKIE RREGULATIONS

Cookies

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