GENERAL TERMS AND CONDITIONS
GENERAL INFORMATION
Name: ARABESCA d.o.o., a limited liability company for production, trade, and services
Head office/address: Ljudevita Posavskog 9, 10360 Sesvete
Registered in the Commercial Court Registry in Zagreb
Business bank and account number IBAN: HR9024840081135001355, SWIFT: RZBHHR2X, Raiffeisenbank Austria d.d., headquarters: Zagreb, Magazinska cesta 69
Tax ID (OIB): 74781787524
Company ID (MB): 00565482
Phone number: +385 1 2020 300
Email: info@arabesca.hr
GENERAL PROVISIONS
The general business terms define how to use online sales services available on the website www.arabesca.hr.
Online sales services are available for personal use without any fees, under the conditions outlined in these General Terms. By using Arabesca's online sales services, users agree to comply with these terms.
In cases of force majeure or other extraordinary circumstances, Arabesca d.o.o. may slow down service delivery or partially/fully withhold services, at its discretion. Buyers acknowledge that under these conditions, Arabesca d.o.o. may deviate from the General Terms and deliver services within a reasonable scope.
Arabesca d.o.o. reserves the right to amend the General Terms at any time. Any changes take effect from the date of publication on the website www.arabesca.hr. It is recommended that buyers read the current General Terms before using the online shopping services. Continued use of the website or services constitutes acceptance of new or amended General Terms.
Users who do not understand certain provisions of the General Terms should contact Arabesca d.o.o. via email at info@arabesca.hr for clarification.
Arabesca d.o.o. may modify, supplement, or suspend any part of its business, including the website and webshop, without prior notice. This includes changes in content, usage, availability of products, delivery methods, etc.
Users are obliged to use the website in accordance with regulations and general ethical standards. Arabesca d.o.o. reserves the right to monitor website content to ensure compliance with the General Terms and the law.
Arabesca d.o.o. is not responsible for potential consequences arising from changes related to the website or online business.
The General Terms, along with the information provided on the website, serve as a pre-contractual notice according to the Consumer Protection Act.
The General Terms include the General Conditions for the Protection of Personal Data. Users who do not agree with the stated conditions must leave and not use the website www.arabesca.hr.
The website www.arabesca.hr is available in Croatian and English, with Croatian being the official language for concluding sales contracts.
Consumer protection regulations under the Consumer Protection Act do not apply to legal entities.
PURCHASE TERMS
These terms define the process of ordering, payment, delivery, and product complaints available on the website www.arabesca.hr.
Consumers, in the role of buyers, enter into a sales contract with Arabesca d.o.o., Ljudevita Posavskog 9, Sesvete, acting as the seller.
Legal entities are subject to the Law on Obligations and the Law on Electronic Commerce, rather than the Consumer Protection Act. The General Terms apply to legal entities regarding prices, payment methods, product characteristics, contract conclusion procedures, delivery methods, and delivery costs, general information, disclaimers, and the time of contract conclusion.
The seller may grant certain rights to legal entities that apply to consumer buyers. A user is any person using the website www.arabesca.hr, including buyers and visitors of the website and webshop.
The conclusion of a sales contract through www.arabesca.hr is governed by legal provisions, taking into account the principles and regulations of EU directives.
Purchases made through www.arabesca.hr represent remote contract conclusion.
The General Terms also serve as pre-contractual notice and pertain to sales contract conclusion if the buyer is a consumer, meaning any natural person who conducts transactions or acts in the market outside their commercial, business, trade, or professional activity. Contracts are concluded between the seller and the consumer within an organized system of sales or service provision without simultaneous physical presence, using one or more means of remote communication until the contract is concluded.
Subsequent communication and contract conclusion occur without physical presence through methods such as email and/or the internet.
The contract is considered concluded when the seller accepts the buyer's offer, with all information on the website representing an invitation to make an offer. The seller may terminate the contract if the buyer does not pay and is not obligated to deliver products until payment is received, except for cash-on-delivery orders.
If the buyer does not collect the shipment, the seller will not attempt delivery again.
CONTRACT CONCLUSION PROCEDURE
Purchases are made through the Arabesca d.o.o. website by filling out an order form. The buyer must enter all requested information.
Purchases can be made 24/7. Arabesca d.o.o. is not responsible for costs related to computer equipment and telecommunication services needed to access the service. The buyer will receive an order confirmation and package shipment notification via email.
If Arabesca d.o.o. cannot deliver a purchased product for any reason, an employee will contact the buyer to arrange a replacement product or cancel the order.
Purchases are based on the selection of available products with accompanying photos and basic descriptions. Photos are illustrative and may not correspond entirely to the actual products.
The buyer orders products by clicking "Add to Cart." Products are not reserved until the ordering process is completed. The buyer can continue adding products, view the cart, and complete the process by clicking "Complete Purchase." After completion, the buyer will be redirected to a page for payment, delivery selection, and adding any notes. After placing the order, the seller will send an order confirmation and a follow-up email regarding delivery.
If the buyer does not receive the ordered products within 20 business days after payment or contract conclusion, they must notify Arabesca d.o.o. via email at info@arabesca.hr.
If the buyer does not receive an order confirmation within 72 hours, they must contact the seller at info@arabesca.hr.
In case of delivery issues, an Arabesca d.o.o. employee will contact the buyer to agree on a new delivery date or cancel the order.
For any issues or uncertainties, the buyer can contact Arabesca d.o.o. at info@arabesca.hr, and an employee will respond.
PRODUCT PRICES AND PAYMENT METHODS
Buyers in Croatia can choose from the following payment options:
• Cash on Delivery – This option allows payment in cash upon product delivery. The buyer pays the total order amount to the courier upon delivery. Credit card payments are not possible with this method.
• Bank Transfer – After placing an order, the buyer receives payment information via email. Buyers can pay via online banking, at a physical bank, post office, or other financial institutions. Products are shipped upon payment receipt.
• Automatic Payment through Corvus Pay System – The buyer completes credit card payment on the website through the Corvus Pay system, which is credited to Arabesca d.o.o.'s account.
DELIVERY INFORMATION
The sales contract is concluded once the seller accepts the buyer's offer. For prepayments, products will be shipped within five business days after payment receipt.
For cash-on-delivery payments, products will be shipped within five business days after order confirmation.
Delivery is within Croatia and EU countries, with an estimated delivery time of up to eight business days after the product is handed to the courier service.
Buyers requesting an R1 invoice must specify this during the order process, as post-order requests for R1 invoices are not possible.
For bank transfer payments, the buyer must use the details provided by the seller via email.
Product prices include all taxes and are expressed in euros with applicable VAT.
DELIVERY METHOD AND COSTS
Products ordered via the Arabesca d.o.o. website are delivered as per the defined prices and payment terms. Delivery is carried out by GLS courier service and Croatian Post.
All products are inspected before shipping to ensure correctness.
Buyers bear the delivery cost unless stated otherwise on www.arabesca.hr.
The buyer must inspect the shipment upon receipt to identify any damage incurred during delivery. Later complaints will not be accepted.
If Arabesca d.o.o. cannot deliver a product, the buyer will be informed and may cancel the order or wait for product availability.
In case of delivery delays due to extraordinary circumstances assessed by the seller, the buyer must grant the seller an additional reasonable period to fulfill the order.
If the buyer refuses to accept the ordered product without justified reason, Arabesca d.o.o. reserves the right to charge additional handling and transport fees.
KEY PRODUCT FEATURES
Detailed product information is available on www.arabesca.hr.
The seller reserves the right to modify information, including prices and special offers, without prior notice.
Each product includes a description and price with VAT. Prices and conditions are valid only at the time of order or payment.
COMPLAINTS, RECLAIM, AND RETURNS
If the buyer is dissatisfied with a product or service, they may file a written complaint per the Consumer Protection Act by mail to Arabesca d.o.o., Ljudevita Posavskog 9, 10360 Sesvete, or by email at info@arabesca.hr.
Complaints must include the buyer’s full name, phone number, order number, invoice number, and an address for response.
Arabesca d.o.o. will respond to complaints within 15 days. If not, the buyer may contact the State Inspectorate or a consumer protection association.
Complaint rules do not apply to legal entities, which are subject to the Law on Obligations and the Law on Electronic Commerce.
RETURN CONDITIONS – VALUE REDUCTION
Under Article 77, paragraph 5 of the Consumer Protection Act, the buyer is responsible for any product value reduction due to handling. Used items, products not in original packaging, or not returned in the condition they were delivered will incur a 20-50% fee based on handling costs, with a minimum charge of 15 euros. If returned with visible signs of use, Arabesca d.o.o. may deny the return. Final return conditions and reduction amounts are determined by Arabesca d.o.o.'s discretion.
LIABILITY FOR MATERIAL DEFECTS
Arabesca d.o.o. is liable for material defects per the legal provisions and deadlines. Material defect issues are resolved following applicable laws, including the Law on Obligations.
WHEN MATERIAL DEFECTS ARE PRESENT
A product is materially defective if:
• It lacks the characteristics necessary for regular use or sale,
• It does not meet the buyer's specific requirements known to the seller,
• It does not conform to agreed-upon or prescribed features,
• It does not match the presented sample or model,
• It lacks properties usually expected in similar products, especially based on public statements (e.g., advertisements),
• It was improperly assembled if assembly was part of the contract.
Public statements by the manufacturer do not qualify as grounds for complaints unless the seller was unaware and could not have been aware of them.
NON-LIABILITY FOR DEFECTS
The seller is not responsible for defects noticeable at the time of contract conclusion unless the seller asserted that the defects did not exist or claimed certain product properties.
INSPECTION AND NOTICE OF DEFECTS
Buyers must inspect products upon receipt and notify the seller of any visible defects within eight days. For commercial contracts, notification must be prompt, or the right to a claim is lost.
For legal entities, the rules on material defects under the Law on Obligations apply, especially where these differ from the General Terms.
RIGHT OF UNILATERAL CONTRACT TERMINATION
Buyers have the right to terminate the contract without explanation within 14 days from product receipt. The period starts when the buyer or an authorized person takes possession. For multiple products delivered separately, the period starts with the last delivery.
For regular delivery over time, the 14-day period starts with the first delivery. If the seller fails to inform the buyer of the termination right, the right expires 12 months after receiving notice.
To exercise the termination right, the buyer must send a clear statement by mail or email to info@arabesca.hr within 14 days of product receipt. The seller will confirm receipt, and a refund will be processed within 14 days after product return.
If the buyer opts for a more expensive delivery option, the seller is not obligated to refund the difference. The buyer bears all return costs and is responsible for any product value reduction not necessary for verifying product characteristics.
Each party must return what was received under the contract, and the seller must refund using the same payment method the buyer used.
The return is considered timely if the buyer sends the product before the deadline expires.
INTELLECTUAL PROPERTY
All content on www.arabesca.hr is copyrighted. Modifying, borrowing, selling, or distributing content is allowed only with prior written consent from Arabesca d.o.o.
Arabesca d.o.o. strives to provide the best user service by monitoring server performance, adjusting capacity to user needs, providing user support, and fixing potential system errors.
The company is not responsible for technical issues or site interruptions and cannot guarantee constant site availability.
USER ACCOUNT
Users use the website at their own risk. Arabesca d.o.o. is not liable for damages users may suffer when using the website. The authors and those involved in creating, maintaining, and distributing the site are not responsible for damages resulting from use or inability to use the site.
Arabesca d.o.o. reserves the right to restrict access to users for inappropriate use and may refuse access at its discretion.
Users are responsible for protecting their account data and for any damage caused by unauthorized use.
By accessing the website, users agree to all terms and conditions and undertake to use the site in a way that does not harm Arabesca d.o.o., its authors, or third parties. If users do not accept these terms, they must stop using the site.
DISPUTE RESOLUTION
In case of disputes between Arabesca d.o.o. and consumers, the parties will attempt to resolve the matter amicably. If unsuccessful, disputes fall under the jurisdiction of the court in Zagreb and Croatian law.
Disputes may also be resolved before the Court of Honor of the Croatian Chamber of Commerce or other mediation centers.
ONLINE DISPUTE RESOLUTION PLATFORMS
Since February 15, 2016, disputes related to online purchases can be resolved through the ORS (ODR) platform, accessible via the provided link.
INVALID CLAUSES
If any provision of these General Terms is found invalid, it does not affect the validity of the remaining provisions. The remaining clauses remain in effect.
WAIVER OF RIGHTS
Failure to exercise any right under these Terms does not constitute a waiver of that right in the future.
APPLICATION OF TERMS
These terms come into force in 2024 and are valid until revoked by Arabesca d.o.o.
