Terms and Conditions
1. Scope
1.1.The following Terms and Conditions apply between Neo Dens d.o.o. (hereinafter referred to as “Neo Dens”) and individuals not engaged in trade who wish to purchase (hereinafter referred to as “Buyer”) products or services on our online shop (www.neo-dens.hr). The relevant version of the Terms and Conditions is the one valid at the time of the order.
1.2. The range of goods in the web shop is intended exclusively for consumers as end customers. Neo Dens therefore expressly reserves the right to offer and deliver goods to the buyer only in usual household quantities. For the purposes of these Terms and Conditions, (i) “consumer” is any natural person who enters into a legal transaction or acts on the market outside their trade, business, craft or professional activity (ii) “trader” is a natural or legal person who enters into a legal transaction or acts on the market within the scope of their trade, business, craft or professional activity, including a person acting in the name or on behalf of a trader.
1.3.The offer in the web shop is currently intended exclusively for customers who have their usual place of residence in one of our delivery areas and can specify the delivery address there. Further delivery restrictions follow from Section 4.
2. Conclusion of the contract
2.1.A binding order is initiated by the Customer when he clicks on the "Buy" button at the end of the order process in the "Basket" area. Before clicking on the "Buy" button, you can change the previously entered data and the contents of the basket at any time or cancel the order process by leaving the web shop. With the order, the Customer makes a binding offer to Neo Dens to conclude a sales contract. The order confirmation that Neo Dens sends to the Customer by e-mail does not constitute acceptance of the customer's offer, but only informs the customer that Neo Dens has received the order (receipt). The sales contract is concluded with the given shipment of the ordered goods. Neo Dens informs the Customer via e-mail that the goods have been handed over to the logistics service provider ("Dispatch Confirmation"). Neo Dens has the right, but not the obligation, to accept the Buyer's contractual offer within 14 days.
2.2. If certain products are not available at the time of the Buyer's order, Neo Dens reserves the right to refuse the Buyer's order. Neo Dens will inform the Buyer without undue delay and will immediately refund the money paid by the Buyer for the cancelled order.
2.3.Neo Dens will not accept orders if the Buyer is not yet 18 years old at the time the goods are ordered.
2.4. The language of the contract is the language offered to the Buyer in the online store. Neo Dens reserves the right to send the Buyer an invoice and a delivery note in the appropriate national language, depending on the country of delivery.
2.5. Neo Dens stores the current Terms and Conditions and does not require the text of the contract in such a way that they are always available to the Buyer after the conclusion of the contract. The current Terms and Conditions and/or contract texts are available in any case.
3. Policy regarding unilateral termination of the contract
3.1. As a consumer, the Buyer has the right to unilaterally terminate the contract in accordance with the following policy:
You have the right to unilaterally terminate this contract within 30 days, without giving any reason. The 30-day period for unilateral termination begins to run from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods/last shipment that is the subject of the contract.
In order to exercise the right to unilateral termination, please inform us of your decision by an unequivocal statement (e.g. by e-mail or letter sent by post) to:
Neo Dens d.o.o.
Fallerovo šetalište 22
Phone number: +385 91 7321 999
E-mail address: info@neo-dens.hr
For the aforementioned purpose, you can use the unilateral termination form (PDF), but this is not mandatory. You can fill in the form and submit your request for unilateral termination via our online form or send us another unambiguous statement. You can also fill in and send the unilateral termination form or another clear statement electronically. If you use this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of your request.
In order to exercise your right to unilateral termination within the specified 30-day period, it is sufficient to send a notification of the exercise of the right to unilateral termination before the expiration of the unilateral termination period.
Consequences of unilateral termination of the contract
If you unilaterally terminate this contract, we will reimburse the amount paid, including delivery costs (except for additional costs resulting from your express choice of a type of transport other than the cheapest type of standard transport offered by us), without undue delay and at the latest within 30 days of the day on which we receive notification of unilateral termination of the contract.
For the reimbursement of the amount paid, we will use the same means of payment that you used for payment, unless otherwise expressly agreed with you; in no case will you be charged any fee for such reimbursement.
We may withhold the refund until we receive the goods back or until you provide proof that you have sent the goods, whichever is earlier.
The return of the goods is carried out in such a way that upon receipt of your request for unilateral termination, we contact the delivery service (Croatian Post), which takes over the goods and returns them to us. The delivery of the goods to the delivery service must be carried out without undue delay, and in any case no later than 30 days from the day on which you notified us of the unilateral termination of the contract. The deadline is considered met if you hand over the goods to the delivery service before the expiry of the 30-day deadline. We bear the costs of returning the goods. You will be obliged to cover the cost of any decrease in the value of the goods resulting from the handling of the goods, except for the cost necessary to determine the nature, characteristics and functionality of the goods.
3.2. The right to unilateral termination cannot be exercised in accordance with Article 86 of the Consumer Protection Act, namely:
• in the case of the purchase of goods that are not previously manufactured and for the production of which the individual choice or decision of the consumer is decisive or which are clearly adapted to personal needs
• in the case of the delivery of sealed goods that are not suitable for return for health or hygiene reasons, if they were unsealed after delivery
• in the case of the delivery of goods, if the same is inseparably mixed with other things after delivery due to its nature.
4. Delivery, delivery times, product availability
4.1. Delivery will only be made to the delivery address specified by the buyer and only if this address is located in one of Neo Dens's delivery regions. Neo Dens reserves the right to make reasonable partial deliveries. In such a case, Neo Dens will inform the buyer in the shipping confirmation.
4.2. As part of the ordering process, Neo Dens will inform the buyer of the delivery time. Neo Dens shall immediately inform the Buyer of any delay in delivery resulting from force majeure or other reasons for which Neo Dens is not responsible and shall give the Buyer a reasonable new delivery period in accordance with the circumstances of the delay. In the event that the goods cannot be delivered within the new delivery period for reasons for which Neo Dens is not responsible, Neo Dens may terminate the purchase contract in whole or in part. In such case, Neo Dens shall immediately reimburse the Buyer for all payments made. If the Buyer cannot be expected to accept the delayed delivery, the Buyer may terminate the purchase contract by notifying Neo Dens in text form (letter or e-mail). The Buyer's other statutory rights shall remain unaffected.
5. Prices and delivery costs
5.1. The prices valid at the time of the order shall apply. All prices include value added tax.
5.2. Delivery costs and all additional costs incurred for services offered by Neo Dens in the web shop, which the Buyer requests, must be specified in the order form and are borne by the Buyer. Delivery costs may vary depending on the type of delivery and the nature of the order. Details of delivery costs are listed on the Shipping and delivery page.
6. Payment and payment methods
6.1. The invoice amount will be charged immediately upon order without deductions.
6.2. Neo Dens offers the following payment options: credit cards and additional payment methods (Google Pay, Aircash). Depending on the creditworthiness check and the value of the order, Neo Dens may limit the payment methods offered to the Buyer. Any invoiced amount will be refunded using the payment method chosen by the Buyer.
6.2.1. Neo Dens accepts payment with Visa, Visa Premium, Visa Electron, V Pay, Diners Club, Mastercard, Maestro, Discovery, JCB credit cards. We also offer payment in two to twelve installments with the following credit cards: PBZ Maestro from 2 to 12 installments Visa from 2 to 12 installments Visa Premium from 2 to 12 installments Erste MasterCard from 2 to 12 installments Maestro from 2 to 12 installments Diners Club from 2 to 12 installments OTP Mastercard from 2 to 12 installments Visa from 2 to 12 installments ZAGREBAČKA BANKA Mastercard from 2 to 12 installments Visa from 2 to 12 installments The invoice amount will be debited from your credit card immediately after completing your order.
6.2.2. If the Buyer chooses an additional payment method, the goods will be shipped after receipt of payment confirmation from the provider of the additional payment method.
6.3. The Buyer is entitled to a right of set-off only if his counterclaims are legally founded, undisputed or confirmed in writing by Neo Dens. In addition, the buyer is only entitled to exercise the right of retention to the extent that his counterclaim is based on the same contractual relationship.
7. Warranty
7.1. In the event of defects, the buyer's claims for subsequent performance, proportional reduction and termination of the contract are governed by statutory provisions. As part of subsequent performance, the buyer may demand the delivery of a new item without defects or the removal of defects. However, Neo Dens is entitled to deliver a new item to the buyer if the removal of the defect would require disproportionate costs. The buyer's right to claim compensation for damages or reimbursement of wasted costs is governed by the following Section 8 of these General Terms and Conditions.
7.2. Rights based on the warranty extinguish two years after delivery of the goods.
8. Liability
8.1. Neo Dens is liable for damages only in the cases specified under a) to d) as follows:
(a) in the event of death and injury to limb and/or health as well as for damages caused intentionally or by gross negligence without limitation;
(b) for damages resulting from the failure to comply with any written warranties to the extent of your financial interest as a buyer that was covered by the purpose of the warranty and was recognizable to us when it was issued;
(c) in cases of product liability under the Obligations Act;
(d) for the breach of essential contractual obligations due to ordinary negligence, the resulting liability for damages shall be limited to the extent of the damages that Neo Dens could reasonably have expected at the time of conclusion of the contract due to the circumstances known to Neo Dens at that time. Essential contractual obligations are those fundamental obligations that were decisive for the conclusion of the contract and on whose compliance the buyer was entitled to rely.
8.2.In all other cases, our liability for damages is excluded, regardless of the legal basis.
8.3. In the cases referred to in point 8.1 d), claims for damages and reimbursement of costs shall become statute-barred after the expiry of a period of two years from the date of sending the notification to the seller in accordance with Article 422 of the Civil Obligations Act.
8.4. To the extent that our liability is excluded under these provisions, this also applies to the liability of our bodies and intermediaries, and in particular employees.
9. Customer reviews and comments in the web shop
If you as a Customer publish or leave a review, comment or other content in our web shop, you grant Neo Dens and its affiliated companies (Article 473 of the Companies Act) a non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content worldwide in any media. This includes the right to use the name you submit in connection with this content.
You acknowledge that the rights granted above are irrevocably granted to you for the duration of the protection of your intellectual property rights in relation to such content and materials.
10. Privacy
10.1. The processing of the Buyer's personal data is necessary for the performance of the contract concluded with the Buyer. All personal data provided by the Buyer will be processed exclusively in accordance with applicable data protection regulations.
10.2. The contracting parties undertake to comply with applicable data protection laws and regulations.
10.3. Details of the processing of personal data by Neo Dens can be found in the privacy policy on our homepage.
11. Complaints/dispute resolution
11.1. At the link http://ec.europa.eu/consumers/odr/The European Commission has provided a platform for alternative consumer dispute resolution. Consumers are given the opportunity to resolve disputes regarding online orders without involving the courts. We are not willing and are not obliged to participate in the dispute resolution process before consumer arbitration.
11.2. If you have any questions about this, feel free to contact us via the contact form.
12. Final provisions
12.1. Neo Dens and the Party mutually determine the application of Croatian law excluding the applicability of the UN Convention on Contracts for the International Sale of Goods.
12.2. If certain provisions of these Terms and Conditions are or become invalid, this will not affect the validity of the remaining provisions of the Terms and Conditions.
12.3. If the Buyer is a trader, the exclusive court for all disputes is at the seat of Neo Dens d.o.o. in Zagreb. However, Neo Dens also has the right to initiate proceedings against the Customer in his place of habitual residence.
13. Identity and contact information of the supplier
Neo Dens d.o.o.
Fallerovo šetalište 22, Končar
10 000 Zagreb
email: info@neo-dens.hr
mobile: +385 91 7321 999
Complaints can be sent to the above address.
