General Terms & Conditions
These terms and conditions regulate the use of the website www.artbottega.hr and the use of the online shopping service on the www.artbottega.hr website. In accordance with the Terms and conditions, the terms listed below have the following meaning:
“Art Bottega” means the company Art Bottega j.d.o.o. za usluge i trgovinu (for services and trade) with a registered seat in Split, Vukovarska 13, entered into the Court Registry of the Commercial Court in Split,
Personal ID No. (OIB): 19317756799, Company registration no. (MBS): 05444489;
“Website” means the website www.artbottega.hr which is the property of Art Bottega.
“User” means every fully legally capable person, whether legal or natural, who has registered himself/herself to use the online shopping service on the website. Art Bottega is not liable in any way for false representation, as well as for any conduct contrary to this clause.
“Consumer” is a natural person who, as the buyer, concludes a purchase contract with Art Bottega as the seller, outside his/her economic or professional activity.
“Trader” is a legal or natural person who is, independently and on a permanent basis, engaged in economic activity to generate profit through manufacture, trading in goods or providing services on the market.
“Online shopping service” is a service which enables registered users to purchase the products of Art Bottega as the seller through this website.
“Product” means all products which have been placed on the website and which can be bought through the online shopping service.
“Price” means the final price in Croatian Kuna (HRK) for a certain product or service, i.e., a certain amount of the product, including taxes and other public contributions. The delivery costs are not included in the price.
“Purchase contract” means the purchase contract between a user and Art Bottega for a product, which is concluded when Art Bottega receives a regular order for the product from the user.
“Regular order” means every order with fully correct and completed information, for which the user has executed the payment to the account of Art Bottega and the payment has been recorded on the account no later than 48 hours from the time when the order was sent.
Every user undertakes to comply with these Terms and conditions by accessing the website through an adequate technical device and agrees to be subject to their application. All information on the website has been displayed only for the purposes of information and in good faith.
Art Bottega is the organizer of the event Pineli & Vino – Art Bottega, as well the owner of its brand (later in text the Organizer). Reservations and ticket sales for the event is done through the online shop. Ticket is an object, information or digital good that allows entrance to the event for which it is purchased. Art Bottega guarantees system security and validity of tickets purchased only through official sales channels posted on our website. All types of tickets that Art Bottega offers are used in a way that the first person who uses the ticket is allowed to enter the event, unless the ticket is personalized i.e. associated with the first and last name of each customer. In that case the organizer can verify your identity by examining the official ID card or passport at any time during or before the event.
You agree to these Terms and conditions by making an order through our website. The terms and conditions form an integral part of the contract and they regard the ordering procedure, payments, deliveries, termination, and complaints related to products offered on our websites. The retail store is in the Republic of Croatia Restrictions and liabilities
Restrictions and liabilities
While using the website, users are obliged to provide correct, valid, and complete personal data, particularly while filling out the registration form. Contrary actions authorise Art Bottega to deny access to such a user or to deny the realisation of all or a part of the services, i.e., the products which it offers to them.
By registering on the website, the user confirms that he/she agrees to these Terms and conditions in their entirety and guarantees that the personal data is complete, true and up-to-date.
The registration or user account is created only for one person and it is prohibited to communicate the registration or user account data to third parties. The user is obliged to safeguard the data about his security password and user account. The use of another user’s registration or user account is prohibited.
The user is also liable for all unauthorised activities which have been authorised and performed under his username and/or password if he has not previously informed Art Bottega about the unauthorised use of his username and/or password (or about suspecting it). Art Bottega is not liable for delivery delays or any problem which occurred due to inaccurate or incorrect user information. It is also not liable for damages incurred if the user forgot his password or if it shall become known to a third party. The change of information is possible after logging in and you can also view the data on active orders there. Art Bottega is not liable for damages or defects which occurred by changing the registered information.
By using the websites, the user is provided with limited, non-exclusive, non-transferable, and revocable permission to use the contents of the website in such a way that they are viewed for personal purposes. The user undertakes not to use the website in any manner which is contrary to the laws in force and not to upload to the website or distribute by using the websites any kind of content which is contrary to the laws in force, change, delete or destroy any kind of information on the website.
In particular, the user does not have the right to download, duplicate, change, edit, distribute, display, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate into other websites or media or use in any way, except for personal purposes and domestic use. It is prohibited to reproduce, distribute, or use in any way for commercial purposes the documents, data and information published on the website without the explicit consent of Art Bottega or in any way which could cause damage to Art Bottega or any other third party.
The photographs of products displayed on the website are for illustration only and do not have to always and in detail correspond to the actual appearance and content of the product. Considering the possibility of individual adjustment of the monitor on the computer, the differences in the colour perception of the products by the human eye and similar variables,
Art Bottega does not guarantee full compatibility of the delivered products’ colour with the colours as they are seen on the monitor screen by users. In case of the above-mentioned discrepancy between the product displayed on the photograph and the delivered product, it cannot be considered as a defect of the product and therefore it is not a basis for returning the product. Art Bottega completely rejects any liability which can occur in any way from or is in any way related to the use of the website and for any kind of damage that can occur to the user or any third party in relation to the use or misuse of the website’s contents. Art Bottega is also exempt from any liability for damage which could occur to devices allowing the access to the website and the data stored on those devices during the use of the website, if the damage occurred due to wrongful acts of third parties, computer viruses, etc., and other cases for which it is not responsible. Art Bottega is not liable in any way for the accuracy or reliability of any view, opinion, advice, or statement which has been published on the website.
Art Bottega is also not liable in any way for any kind of loss or damage incurred to the user because the user relied on information obtained through the website. The users take full responsibility for assessing the quality, accuracy, usefulness or integrity of any information, evaluation, view, opinion, advice, or other content which is available through the website. The website can contain documents, data, information, and links to third party websites. The latter websites are not the property of Art Bottega, nor does Art Bottega have any control over mentioned documents, data, information, or other websites and completely rejects any liability, including, but not limited to the accuracy, completeness, and availability of the content on websites created by third parties.
Purchased tickets can not be returned. All orders and purchased tickets via the Internet are binding and can not be canceled or modified later. In the event of cancellation or changes in event schedules or/and in case of the unexpected situation, a ticket can be: exchanged with a ticket for another screening of the customer’s choice, or with the appropriate Art Bottega’s gift, or customer can request a refund. Tickets can be exchanged at the event box office, by presenting tickets for the canceled event. Refunds for cancellations or changes in event schedule or/and in case of the unexpected situation will be done only by means of payment which was used for the original purchase (in case of card payment refund will be done to a card which was used to purchase a ticket).
The event visitor agrees that he can be filmed or recorded as part of the audience without restrictions. It is forbidden to bring the equipment to record sound and images as well as beverages, food, bottles, cans, weapons, pyrotechnical devices, and any other items that may endanger the safety of visitors or are prohibited by the organizers of the event.
Purchase and payment
Possible methods of payment on the website are: Payment by a general payment slip; Payment by credit and debit cards: Maestro, Mastercard, Visa, American. If you choose payment by a general payment slip, when you place an order, a pro-forma invoice will be sent to your e-mail address with all the information necessary for the payment, including the account number to which the amount from the order should be paid. The payment can then be executed by using internet banking or the method which you usually use to pay your bills – in the bank, post office, etc. After the payment has been made, your order will be considered as a regular order if all the information has been entered correctly and completely and we will then proceed to process it. In case the payment has not been received within 48 hours from the time of the order, your order will not be considered as a regular one nor will it bind Art Bottega in any way. If you select payment by credit or debit card, the payment shall be considered as executed in the moment of authorisation by the card issuer. After the payment has been made, your order will be considered as a regular order if all the information has been entered correctly and completely and we will then proceed to process it. In case the payment has not been received within 48 hours from the time of the order, your order will not be considered as a regular one nor will it bind Art Bottega in any way. The WS Pay system takes care of the payment method and security and the protection of personal data while paying with credit and debit cards. You can find out more details about it here. The invoice will be enclosed with the package (or one of the packages in case the goods ordered are to be delivered in more packages), except if the delivery address is different than the buyer’s address. In that case, the invoice will be sent by e-mail to the buyer’s address. Irrespective of which payment method you selected, after your payment is made and your order is completed, an order confirmation e-mail will be sent to the e-mail address that you previously entered. As soon as your order is prepared for delivery, you will be notified by an e-mail which will also contain a code for tracking the parcel (the “tracking code”), with which you can find out the location of your parcel at any moment. On the delivery day, the delivery service will send you an SMS text to the mobile phone number which you entered in your order. The message will contain a notice regarding the expected delivery time and the parcel number for said delivery.
Shipping and delivery terms
Orders through the website can be received every day, 24 hours a day, and the delivery is carried out by a partner delivery service. All regular orders received during a workday (Monday – Friday) shall be processed on that same day and the parcel shall be delivered within 2 – 5 workdays at the latest. For regular orders received on Saturday, Sunday and on public holidays, the parcel shall be delivered within 7 working days at the latest. The delivery date for parcels that are to be delivered to the islands or abroad depends on the specifics of transport to mentioned locations. Product delivery is possible within the territory of the Republic of Croatia and the Member States of the European Economic Area (EEA). It will not be possible to deliver some products to all states due to specific import and customs legal provisions of certain states. Consequently, a notice shall be displayed to the user when creating an order, before completing it and executing the payment.
Tickets are delivered to the customer via e-mail to the address entered during the purchase process. Art Bottega is not liable for damage caused by entering the wrong e-mail address or the inability to deliver the tickets caused by technical problems with the customer’s e-mail services. Once you have an electronic ticket stored successfully on your computer, print it on a standard sheet of paper. Please do not crop ticket because the ticket is valid only if the sheet of paper on which the ticket was printed is intact. Store ticket in a safe place until the day of event for which the ticket is purchased because the admittance to the event is given exclusively to the first person who shows a copy of the ticket. On arrival at the venue, e-ticket is used in the same way as a traditional printed ticket or otherwise as instructed by the organizers.
If the user does not collect the product or refuses to receive the parcel without a valid reason, Art Bottega retains the right to request reimbursement for the costs of manipulation, transport, and other possible costs.
The consumer’s right of unilateral termination of the contract
The contract which the consumer concludes with Art Bottega for the purchase of products and services is a one-off contract for the purchase of products or services and has been consummated with the delivery of the product by Art Bottega j.d.o.o. and the payment executed by the user, in case it is not terminated. Pursuant to Article 72, paragraph 1 of the Consumer Protection Act, every contract concluded through distance communication (online shopping) can be terminated unilaterally by the consumer, without stating his reasons and within 14 days from the date when the product was delivered. The consumer does not need to state a reason for the termination of the contract, but he has to notify Art Bottega about his decision to terminate the contract on a durable medium within the 14-day deadline – through the unilateral contract termination form or through any other unambiguous statement in which he expresses his will to terminate the contract, sent by post to the address: Art Bottega j.d.o.o.. Vukovarska 13, 21 000 Split or e-mail address: firstname.lastname@example.org. The standard unilateral contract termination form can be downloaded on this link. In case of a unilateral termination of the contract, each party shall return to the other what was received under the contract, pursuant to the provisions of the Consumer Protection Act. After we receive the correctly filled out form, we will notify you about the receipt of the statement of termination on a durable medium and the payment return shall be executed after our goods have been returned (7 workdays at the latest from the date on which you notified us about your decision to terminate the contract). In this case, pursuant to the Consumer Protection Act, the consumer is responsible for every decrease in value of the goods arising out of handling them, except that which was necessary to determine the nature, features and functionality of the goods. The products that the consumer is returning must be in good condition, unopened, unused and in original packaging. Otherwise, and if they are not returned within the above-mentioned deadline, it shall be considered that the consumer has not fulfilled his obligation to return the goods and we are not obliged to return the paid amount in full, but rather an evaluation of the decrease in product value can be carried out. Likewise, the consumer does not have the right to unilaterally terminate the contract if the object of the contract is perishable goods or goods with a shelf life that will expire soon. Direct costs for the return of the goods are borne by the consumer himself if he uses his right to unilaterally terminate the contract.
The right to a product complaint
The trader has the right to a product complaint about visible defects if, without delay and within three (3) calendar days at the latest, from the date on which the product was delivered, files a complaint regarding the product defects. For example, visible defects are: wrong label, wrong packaging, packaging defects – labels, wrong colour, wrong dimensions, delivery of a product that was not ordered and all other defects which can be perceived by regular inspection of the product. The trader has the right to a product complaint regarding hidden defects (defects which could not have been discovered by a regular inspection when receiving the product) if, without delay and within three (3) calendar days at the latest, from the date on which the product was delivered, files a complaint regarding the product defects, if the product complaint was filed within the deadline provided by the Civil Obligations Act, counting from the date when the product was handed over. By signing the confirmation of parcel receipt, the trader confirms that he has inspected the parcel during the handover and that the parcel was collected without visible outer damages, and that it, in quantity and in quality, corresponds to the products stated on the invoice. The consumer has the right to a product complaint in case of visible and/or hidden defects within the deadlines provided by the Civil Obligations Act in force.
The product complaint procedure
The user must announce the complaint regarding purchased products through a product complaint form which can be downloaded here. The correctly filled out form must be delivered by post or e-mail to the address: Art Bottega j.d.o.o. Vukovarska 13, 21 000 Split or e-mail address: email@example.com In all cases when he is filing a product complaint, the user is obliged to completely return the Art Bottega product, in the condition in which it was delivered to him and in original packaging. The costs for returning the product are borne by the user and the return is carried out by delivery to the address stated in the product complaint form. In case the product has a defect, the buyer has the right to terminate the contract and refund, product replacement, elimination of the defect or a decrease in price. Based on the product complaint request, Art Bottega shall return the funds to the user to the account stated in the request itself or replace the product with a new one within thirty (30) days from the date of receipt of the returned product to the address stated on the product complaint form. In case it is unambiguously established that the product complaint is unfounded or that the defect of the ordered product arose from inadequate handling or use, the company Art Bottega j.d.o.o. is not obliged to refund or deliver a replacement product. The product against which there is a complaint shall be returned to the user at his own expense with a written explanation of the reasons for the rejection of the request for a refund or replacement. In case the user has not received the ordered and paid product, he is obliged to report it within eight (8) calendar days from the date of the expected delivery of the ordered product through the product complaint form or the contacts stated on the website. Within that deadline, Art Bottega is obliged to establish what happened with the parcel against which there is a complaint and inform the user regarding the further resolution of the product complaint.
Pursuant to Article 10 of the Consumer Protection Act (Official Gazette (Narodne novine) no. 41/14, 110/15), every website user can express his dissatisfaction regarding a purchased product or service received in a written formal complaint, whereby the company Art Bottega shall confirm the receipt of the formal complaint in writing. The formal complaint can be sent by post or e-mail to the address: Art Bottega j.d.o.o. Vukovarska 13, 21 000 Split or e-mail address: firstname.lastname@example.org. As the seller, Art Bottega undertakes to respond in writing within 15 days from the date of the formal complaint’s receipt. Pursuant to Article 10, paragraph 5 of the Consumer Protection Act, in order for Art Bottega to confirm the receipt of the formal complaint in writing and then respond to it, the user must state the correct information for their receipt. The written formal complaint form can be downloaded here.
It is prohibited to sell alcoholic beverages to persons younger than 18. Upon the request of the deliverer, every buyer shall present him with a document proving his age of majority.
Competent court and applicable law
All disputes which could arise from these Terms and conditions shall be resolved before the competent court in Split. The applicable law for all purchase contracts concluded through purchases on this website is the law of the Republic of Croatia.
Amendments to the Terms and conditions
Art Bottega Is authorised, without prior notice, to amend the content of these Terms and conditions, the range of products, other information related to online shopping as well as all other contents of the website, under the condition of making them publicly available on the website, which is the reason why users are obliged to go over its contents every time they visit the website in question. Actions that are contrary result in Art Bottega being exempt from any liability. The valid Terms and conditions for online shopping are those which are in force at the moment of order for the product.