Terms and conditions

GENERAL TERMS & CONDITIONS

 

These General Terms & Conditions govern the use of the website www.botanica.hr and use of the Internet shopping service through the website www.botanica.hr.

 

In accordance with the General Terms & Conditions, the following terms have the following meanings:

 

„Perscripta“ stands for the company Perscripta d.o.o. for production and trade with headquarters in Zagreb, Prekratova ulica 61, entered in the court registry of the Commercial Court in Zagreb, Identification number:69254063911, Entity registration number:2930757;

 

„Website“ indicates the website www.botanica.hr representing the ownership of Perscripta.

 

„User“ represents any fully capable individual, whether legal or natural, who has registered to use the online shopping services on the Website. Perscripta bears no responsibility for any impersonations or for any act contrary to this provision.

 

„Consumer“ is a natural person who, as a buyer, concludes a sales contract outside of his business or professional activity with Perscripta as the seller.

 

„Trader“ is a legal or natural person who independently and permanently carries on an economic activity in order to make a profit by producing, marketing goods or providing services on the market.

 

„Online shopping service“ is a service that allows registered users to purchase a seller's product through Perscripta via this Website.

 

„Product“ represents all products featured on this Website that can be purchased through the online shopping service.

 

„Price“ represents the final price in Croatian Kuna (HRK)an individual product or service, that is, a certain amount of products, including taxes and other public charges. Shipping costs are not included in the price.

 

- CONVERSION STATEMENT:

 

„Price“ presents the final price in EUROS (EUR) for an individual product or service, that is, a certain amount of products, including taxes and other public charges. Shipping costs are not included in the price. When payment is being made a conversion takes place. The amount you will be charged is obtained by converting the price from Euro to the Croatian Kuna according to the valid exchange rate of the Croatian National Bank. When charging your credit card, the same amount is converted to the customer's local currency according to the valid exchange rate of the credit card association. As a result of the price conversion, there is a possibility of a slight difference in the amount compared to the original amount displayed on our Website.

 

„Purchase Agreement“ indicates a product purchase agreement between a User and Perscripta, concluded when Perscripta receives a valid product order from a Customer.

 

„Valid order“ is any order with all correct and complete information and according to which the Customer has made a payment to the account of Perscripta and which payment is recorded no later than 48 hours after the placement of the order.

 

By accessing and using the Website through appropriate technical means, each User agrees to abide by these General Terms & Conditions and agrees to be bound by the terms thereof. All information on the Website is provided for informational purposes only and with good intent.

 

TERMS OF USE


By ordering through this Website, you agree to these General Terms & Conditions.

 

The General Terms & Conditions are an integral part of the Contract and relate to the process of ordering, payment and delivery as well as to the termination and complaints regarding the products offered on our site.


The sales point is located in the Republic of Croatia.

 

 

LIMITATIONS AND LIABILITIES

 

 

Users are required to provide accurate, valid and complete personal information when using this Website, especially when filling out the registration form. On the contrary, Perscripta is authorized to deny such User access or deny his/her realization of all or part of the services or products offered to them.

 

By registering on the Website, the User acknowledges that he/she fully accepts these General Terms & Conditions and guarantees the completeness, accuracy, truthfulness and up-to-date personal data.

 

Registration or user account is valid for one person only and it is prohibited to disclose registration or account information to third parties. The User is obliged to keep information about his/her security password and user account. The use of someone else's registration or user account is not permitted.

 

The User is responsible for all unauthorized activities authorized and performed under his username and/or password if he/she did not previously inform Perscripta about the unauthorized use of his/her username and/or password (or suspicion of the same). Perscripta is not responsible for delays in delivery, or any other problem that has arisen due to incorrect User information. Perscripta shall not be liable for damages incurred if the User has forgotten his/her password or if the password becomes known to a third party. It is possible to change data after logging in and you can also view information about active orders. Perscripta is not responsible for any damages and malfunctions resulting from changes to the registered data.

 

By using the Website, the User is granted limited, non-exclusive, non-transferable and revocable permission to use the content of the Website in such a way that the same is viewed for personal purposes. The User agrees not to use the Website in any way that is contrary to the positive regulations, and he/she also agrees not to enter into the website or distribute (through the Website) any content that is contrary to the positive regulations, to modify, delete or destroy any information on the Website.

 

The User has no right to download, duplicate, modify, edit, distribute, display, delete, send, sell, resell, adapt, modify content, create derivatives, engage in other websites or media, or use this Website in any other way other than for personal purposes for home use.

 

Documents, data and information published on the Website cannot be reproduced, distributed or in any way used for commercial purposes without the consent of Perscripta or in any manner that may cause harm to Perscripta or any third party.

 

The photos of products displayed on the Website are for illustrative purposes only and may not always and in full detail correspond to the actual appearance and content of the product. Due to the ability to individually adjust the monitor on a computer, differences in the perception of product color by the human eye and similar variables are possible and Perscripta does not guarantee the full consistency of the colors of products supplied with the colors as viewed by users on their monitor screen. In the case of the above-mentioned discrepancy between the product shown in the photo and the delivered product, this is not a product defect and therefore this is not a valid reason for returning the product.

 

Perscripta disclaims all liability whatsoever and in any way that may arise from or that may be related to the use of the Website, and from any harm that that may arise to the User or to any third party in connection with the use or misuse of the content from the Website pages. Perscripta is also free of any liability for any damage that may occur to devices that allow access to the Website as well as data stored on the same devices while using the Website, if the above is the result of unlawful acts of third parties, computer viruses, and in other cases in which the company is not responsible.

 

Perscripta is not responsible for the accuracy or reliability of any attitude, opinion, advice or statement posted on the Website. Perscripta also bears no responsibility for any loss or damage caused to the User by relying on the information obtained through the Website. Users assume full responsibility for evaluating the quality, accuracy, usefulness or completeness of any information, rating, attitude, opinion, advice or other content that is available through the Website.

 

The Website may contain documents, data, information and links to third party websites. Perscripta does not own these websites and Perscripta does not have control over the mentioned documents, data, information or other websites, and disclaims all liability, including but not limited to the accuracy, completeness and availability of the content on third-party websites. Perscripta disclaims all responsibility for any content displayed on such third party sites, as well as for any products or services acquired through such third party sites. Accordingly, when using the aforementioned websites, these terms of use do not apply in any way or form. Visiting these sites is entirely at the User's own risk and no liability is assumed by Perscripta for such action.

 

Perscripta reserves the right to prevent access to IP addresses, (or users) that engage in actions contrary to these Terms & Conditions and will not bear any responsibility.

 

PURCHASE AND PAYMENT

 

Possible forms of payment on the Website are:

Payment by a payment slip;

Payment by a credit or debit card: Maestro, Mastercard, Visa, American.

 

If you choose to make a payment using a payment slip, a pro forma invoice will be sent to your e-mail address when you create your order, which will include all the information you need in order to make the payment, including the account number to which you have to pay the amount. You can then make the payment using online banking or however you normally pay your bills - bank, post office, etc. After completing the payment, you order will be considered valid, after which we will begin processing the same. If the payment is not received correctly within 48 hours of when you place your order, the order will not be considered valid or in any way binding for Perscripta.

If you choose to make a payment using your credit or debit card, the payment is considered executed at the time of authorization by the card issuer. Upon executed payment, your order will be considered a valid order if all the information is entered correctly and completely, after which we will begin processing the same. If payment is not received correctly within 48 hours of when you place your order, your order will not be considered valid nor will it bind Perscripta in any way.

The WS Pay system is responsible for the method and security of payment as well as for the protection of personal information when paying with credit and/or debit cards, for more information click here.

 

The invoice will be included in the package (or in one of the packages delivered if the order contains multiple packages), unless the shipping address is different from the customer’s address. In this case, the invoice will be emailed to the customer’s address.

 

Regardless of which payment method you choose, after you make the payment and complete the order with the email address that you previously provided, you will receive an e-mail confirming your order. As soon as your order is ready to be shipped, you will receive a notification via e-mail, which will also include a tracking number for the shipment (tracking code), which will help you locate your shipment at any time.

On the day of delivery, the delivery service will send you an SMS to the mobile number that you provided while making the order. The message will include a notice with the expected delivery time and the shipment number for the specified delivery.

 

DELIVERY TERMS

 

Orders can be received via the Website from 0-24h on a daily basis and delivery is done via a partner delivery service.

 

All valid orders received on weekdays (Monday – Friday) will be processed on the same business day, and the package will be delivered no later than 2-5 business days. For valid orders that are received on Saturday, Sunday and on national holidays, the package will be delivered no later than 7 business days. The above is valid for deliveries to the continental part of the Republic of Croatia as well. The delivery time for packages ordered to islands and abroad depends on the specifics of transport to the specified locations.

 

Shipment of products is available within the territory of the Republic of Croatia and to countries of the European Economic Area (EEA). Some products cannot be shipped to all countries due to the legal provisions of specific import terms and customs of individual countries. Accordingly, a notification will be shown to the user when creating his/her order and before concluding the order and making the payment.

 

Package delivery & pick up

 

If the User fails to pick up the package or refuses to take the delivery without a valid reason, Perscripta reserves the right to claim reimbursement of handling, transportation and other possible costs.

 

CONSUMER RIGHT TO UNILATERALLY TERMINATE THE CONTRACT

 

The contract that a Consumer enters into with Perscripta for the sale of products or services is a one-time contract for the sale of products or services consumed by the delivery of a product by Perscripta d.o.o. and payment made by the User in the case that the contract is not terminated.

 

Pursuant to the Consumer Protection Act, Article 72, paragraph 1, any contract concluded by means of remote communication (web shop) can be terminated unilaterally by the Consumer, without stating reasons for the termination, within 14 working days from the day that the product was delivered. The Consumer does not have to give his/her reasons for terminating the Contract, but he/she must notify Perscripta within 14 business days, by permanent media, of its decision to terminate the Contract – via a form for the unilateral termination of the contract or by any other unambiguous statement expressing his/her desire to terminate the contract, mailed to: Perscripta d.o.o., Prekratova 61, 10 000 Zagreb or by e-mail: botanica@perscripta.hr. You can download the standard Unilateral Termination Form here.

 

In the event of a unilateral termination of the Contract, each party is obliged to return what they received under the contract to the other party, in accordance with the provisions of the Consumer Protection Act. After we receive the correctly completed form, we will notify you about receiving the same through a permanent media, and we will make a refund once the goods are returned to us (at the latest 7 working days from the day that you notified us about your decision to terminate the Contract). In this case, the Consumer is, in accordance with the Consumer Protection Act, responsible for any impairment of goods resulting from the handling of the goods, except for the impairment which was necessary to determine the nature, characteristics and functionality of the goods.

 

Products returned by the Consumer must be in good condition, unopened, unused and in their original packaging. Otherwise, if they are not delivered within the above deadline, it is considered that the Consumer has not fulfilled his/her obligation to return the goods and we are not obliged to refund you in full, however, an assessment can be done to lower the value of the product. Likewise, the Consumer is not entitled to a unilateral termination of the contract if the subject matter of the contract is something that is a perishable good or a product that expires quickly.

 

The Consumer is obliged to bear the direct costs of returning the product himself/herself if he/she exercises his/her right to unilaterally terminate the contract.

 

THE RIGHT TO FILE A COMPLAINT ABOUT A PRODUCT

 

The Trader has the right to claim/complain about a product due to visible defects, if without delay, and no later than three (3) calendar days from the delivery date, he/she files a complaint about the product defects.

 

Visible defects are, for example: the wrong sticker, wrong packaging, packaging defects - stickers, wrong colors, wrong dimensions, delivery of a product that wasn’t ordered and any other defects that can be noticed by the usual inspection of the product.

 

The Trader has the right to claim the product due to hidden defects (defects that could not be detected by normal inspection when accepting the product)if without delay, and no later than three (3) calendar days from the date of detecting the defects a complaint is made on the product, if the claim/complaint has been made within the period prescribed by the Civil Obligations Act from the delivery date of the same.

 

By signing the acknowledgment of receiving the package, the Trader confirms that during the pickup of the shipment he carried out the inspection of the shipment and that the shipment was taken over without any external visible damage, and that it corresponds quantitatively and qualitatively to the products listed on the attached invoice.

 

The consumer is entitled to a complaint in case of visible and / or hidden defects within the deadlines prescribed by the applicable Civil Obligations Act.

 

RETURN PROCEDURES

 

The User must make his/her complaint of a purchased product through the Complaint Form, which can be downloaded here. A properly completed form must be submitted by mail or electronic mail to: Perscriptad.o.o. Prekratova 61, 10 000 Zagreb or by e-mail to: botanica@perscripta.hr.

 

In all cases when returning a Perscripta product, the customer is obliged to return the complete package, in the condition in which it was delivered to him/her and in the original packaging. The cost of returning the product shall be borne by the Customer. The return shall be made by delivering the product to the address specified in the Complaint Form.

 

If the product has a defect, the buyer has the right to terminate the contract and request a refund, replace the product, remove the defect or get a price reduction. Perscripta will, based on the claim, return the funds to the account specified by the User in the request itself or replace the product with a new one within thirty (30) days from the date of receiving of the returned product to the address specified on the complaint form.

 

If it is determined, without doubt, that the complaint was unjustified or that the ordered product was defective due to improper handling or use, the company Perscripta d.o.o. is not obliged to refund or to supply a replacement product. The product will be returned to the Customer at his/her cost, with a written explanation of the reasons for not accepting the refund or replacement request.

 

In the case that the User did not receive his/her ordered product, he/she is required to report the same within eight (8) calendar days from the date of expected arrival of the ordered product through the complaint form or through the contact information posted on the Website. Perscripta is obliged to determine, within that period, what happened to the subject consignment, and to inform the User of further resolutions for the complaint.

 

COMPLAINTS

 

Pursuant to Article 10 of the Consumer Protection Act (Official Gazette no. 41/14, 110/15) any User of the Website may express their dissatisfaction with the purchased product or service provided, in writing, whereby the company Perscripta d.o.o. will confirm receiving the complaint, in writing. You can send a complaint via mail or electronic mail to the following addresses: Perscripta d.o.o. Prekratova 61, 10 000 Zagreb or to the e-mail address: botanica@perscripta.hr.

 

Perscripta, as the seller, is obliged to respond in writing within 15 days of receiving the complaint. In order for Perscripta to confirm the receipt of the written complaint under Article 10, paragraph 5 of the Consumer Protection Act and then respond to it, the User must provide accurate information in order to receive the same. A written complaint form can be downloaded here.

 

AGE RESTRICTIONS

 

The sale of alcoholic beverages to persons under the age of 18 is prohibited. Each customer is required to submit a document proving his or her age at the request of the supplier.

 

 

JURISDICTION AND APPLICABLE LAW

 

All disputes that may arise from these General Terms & Conditions shall be settled before the competent court in Zagreb.

 

The applicable law for all Purchase Agreements concluded by purchasing from this Website is under the law of the Republic of Croatia.

 

MODIFICATION OF THE GENERAL TERMS & CONDITIONS

 

Perscripta is authorized, without notice, to modify the content of these General Terms & Conditions, the product range, other information related to the web shop and all other content on the Website, subject to a public announcement on the Website, which is why users are obliged to view the contents of the same every time they visit the Website. On the contrary, Perscripta absolves any liability. Online shopping is subject to the General Terms & Conditions at the time of ordering a product/s.