Matinata | Terms & Conditions
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Terms and conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE INTERNET COMMERCE

The General Terms and Conditions (the “General Terms and Conditions”) govern the use of the matinataskincare.com website and online store (hereinafter referred to as the “website”). These General Terms and Conditions regulate the relationship between the company Primrose d.o.o., a company registered under personal identification number (OIB): 14147717515, with its registered office at the address: Jarunska 27, 10000 Zagreb, Croatia, (hereinafter "Primrose") and any person who makes a purchase on the website hereinafter “Buyer”), as well as any person who uses the website without purchase (hereinafter "User"). By accessing the website, you agree to comply with these General Terms and Conditions and by using the website you confirm that you agree with the application of these General Terms and Conditions.

1. GENERAL PROVISIONS

The Consumer Protection Act, the Trade Act, the Electronic Commerce Act, the Civil Obligations Act and other applicable regulations of the Republic of Croatia apply to these General Terms and Conditions.

Primrose reserves the right to change these General Terms and Conditions at any time and all changes, with the date of entry into force, will be published on this website. The valid General Terms and Conditions will be those that were in force at the time of sending the order via the website. The User and / or the Buyer is obliged to check the General Terms and Conditions before each order, as it is possible that a change may occur between visits to the website.

All content and material published on the website is the exclusive right of Primrose. Use of the content of this website (including, but not limited to copying, distribution or modification of the website) without the express written consent of Primrose is not permitted. The name "Matinata", the slogan “Skin I Feel Best In.” and the corresponding graphic representations are also registered trademarks of Primrose and are subject to the provisions of regulations protecting intellectual property.

Definitions:


User: a visitor to the website who does not order products, but only browses the content of the site;

Buyer: a person who orders and pays for at least one product in an online store;

Personal data: data on the Buyer that enable the ordered products to be charged and delivered to the Buyer;

Order: a form of the company Primrose that the Buyer fills in, following the necessary steps to purchase products sold in the online store;

Seller: Primrose d.o.o., Jarunska 27, 10000 Zagreb, Croatia, registered with the Court Registry of the Commercial Court in Zagreb under the registration number of the subject of registration (MBS): 081215647, personal identification number (OIB): 14147717515;

Contract: a distance contract, is a contract concluded between Primrose and the Buyer within an organized system of selling or providing a service without the simultaneous physical presence of Primrose and the Buyer in one place, where only one or more means of remote communication (e.g. Internet) are used until the moment of concluding the contract, in accordance with these General Terms and Conditions, which the Buyer expressly accepts, and which are considered an integral part of the Agreement.


Disclaimer and Limitation of Liability:

• The User and / or the Buyer confirms that they will use the website solely at their own risk, that the Seller is not responsible for the behavior of the User and / or the Buyer and that the Seller does not guarantee the consequences that may arise from using this website.

• The Seller is released from any liability for damage that may occur or is in any way related to the use of the Website, including any damage to the equipment of the User and / or Buyer, which may occur to the User and / or Buyer or any third party in in connection with the use or misuse of the content of this website, and any other cases for which the Seller is not responsible.

• In no event shall Seller, or any other natural or legal person involved in the creation, production or distribution of this website, or related content and / or software, be liable for any damages that may arise as a result of use, or due to inability to use this website.

• The Website may be temporarily unavailable or available to a limited extent as a result of regular system maintenance and / or due to force majeure and the Seller is not liable for any damages incurred. Seller is not responsible for technical problems that may lead to delays and / or incorrect processing of electronic data.

• The Seller reserves the right to terminate the service and change the content of the online store at any time, without prior notice and will not be liable for any possible consequences arising from such changes. These changes take effect upon publication on this website.

• The Buyer can only be an adult and legally competent person who can enter into the Contract. For minors and incapacitated persons, the Contract may be concluded by their legal representatives. In the event of non-compliance with this provision, the Seller does not bear any responsibility for the stated violation.

• The Seller does not guarantee that the photos of the product fully correspond to the appearance of the product itself and is not responsible for possible unintentional errors in the description of the product. In the unlikely event of a distinction between a photograph of the product and the delivered product, it is not a product defect and there are no grounds for return of the product.


2. ORDER AND PAYMENT

The order can be executed in the territory of the Republic of Croatia and in the territory of other countries outside the Republic of Croatia ("international delivery").

Product order


Products are ordered by filling out an electronic form on the website. The Buyer can order and purchase the product as an unregistered user. When the Buyer decides to purchase a specific product, Buyer selects the "Add to cart" option and adds the selected product to the shopping cart. Products are considered ordered at the moment when the Buyer goes through the entire billing process (described below). The Buyer will then receive an e-mail confirmation of a properly received order.

Shopping cart


When adding selected products, the Buyer selects the "Add to cart" option. Then, in the upper right corner of the matinataskincare.com page, a window opens, in which the entire contents of the cart is displayed, where the Buyer can review the order, add or remove products from the cart. After editing, if the Buyer is satisfied with the final content, Buyer confirms the order by selecting the "confirm order" option.

Delivery


The Seller delivers in the territory of the Republic of Croatia ("domestic delivery") and in countries outside the territory of the Republic of Croatia ("international delivery").

If the Buyer's address differs from the delivery address, the Buyer enters the address information for the delivery of the order.

The shipping price is stated to the Buyer after completing the order and selecting the delivery address.

Payment


Payment is made exclusively via the Internet, i.e. credit cards or via your PayPal account. The following debit and credit cards can be used for distance shopping: Maestro, MasterCard, Visa, Visa premium, Diners.

During the fulfillment of the order, the Buyer chooses the model of payment for the ordered products and delivery. Payment can be made by one-time online payment via PayPal or one-time payment by credit cards (or in installments).

Payment is considered done at the time of receipt of authorization by PayPal or in the case of payment by credit card - at the time when the Seller receives confirmation of pre-authorization of the Buyer's credit card on the amount of the order.

Conversion statement


If you pay by credit card from Croatia, the payment is made in HRK and in that case there is no currency conversion. Since PayPal does not support HRK as the payment currency, in the case of payment via the PayPal platform, payment from Croatia will be made in EUR and the value of the shopping cart will be converted from HRK to EUR. As a consequence of the conversion (conversion of the price from HRK to EUR, which will take place according to the current selling rate of the Croatian National Bank) in the case of payment via PayPal, there is a possibility of difference in the stated price of the product on the website and the amount charged in the shopping cart. The Buyer bears the cost of conversion when converting currencies.

When paying with credit cards, foreign customers will be charged the amount converted from EUR to their local currency, according to the exchange rate set by their card operator. As a consequence of the conversion (conversion of the price from EUR into the local currency of the Buyer), there is a possibility of a difference in the stated price of the product on the website and the amount charged in the shopping cart. The Buyer bears the cost of conversion when converting currencies.

Shopping cart review


After entering the desired products in the consumer cart is completed, and before the final approval (which is considered a pre-contractual notice), the customer can select the option "View cart" and view all the above mentioned information and possibly enter a promotional code.

The Buyer can then select the "Next Step" option, after which Buyer can enter the billing address and delivery address, if it differs from the billing address. The delivery price is stated to the Buyer after the delivery address is entered.

The Buyer has the option to go back to the previous step in case the Buyer notices that some of the data has not been entered correctly and change it. If there are no subsequent changes (or after subsequent changes), after the Buyer checks once again all the information listed in the previous section, the Buyer can then select the "Go to payment" option. Products are considered ordered when the Buyer completes the entire payment process.

If the order has been successfully received by the Seller, the message "Order successfully received" is displayed to the Buyer and an e-mail with the details of the order arrives at the Buyer's e-mail address.


Order processing

Orders can be placed every day from 0 to 24 hours. All orders received on a business day (Monday at 8 a.m. to Friday at 4 p.m.) will be processed no later than the next business day. Orders received on Fridays after 4pm, Saturdays, Sundays and public holidays will be processed within 1-2 business days of receipt.

Invoice


The invoice will be sent by e-mail to the address specified by the Buyer, and the Buyer by ordering in the online store agrees to the specified method of sending the invoice.

Impossibility of delivery


The Seller reserves the right to cancel the order and notify the Buyer if the Buyer orders a product that is not available. If, in the case of ordering more than one product, some of the ordered products cannot be delivered, the Seller will contact the buyer by e-mail and inform him of the impossibility of delivery of the product. In this case, the Buyer has the option to cancel the ordered product, request a replacement product or wait for the product to arrive in stock. The rest of the order will be processed and other ordered products delivered to the Customer. Also, the Buyer has the option to cancel the entire order, via e-mail to info@matinataskincare.com.


4. STATEMENT ON SECURITY OF ONLINE PAYMENT

The seller uses WSPay for online payments.

WSPay is a secure system for online payment, real-time payment, credit and debit cards and other payment methods. WSPay provides the customer and merchant with secure registration and transfer of entered card data, which is confirmed by the certificate of compliance with PCI DSS standards, which WSPay has. The PCI Data Security Standard (PCI DSS) is a standard that defines security measures for the processing, storage and transmission (communication) of card data.

WSPay uses SSL certificate 256-bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data

PayPal, a system for secure acceptance of payment cards via the Internet), is also used when paying in the online store (https://www.paypal.com/hr/webapps/mpp/buyer-protection).


5. PRODUCT PRICES

All stated product prices and delivery prices are retail, expressed, depending on the language of web site, in HRK - Croatian kuna for webshop on Croatian language, or in EUR on webshop in English and they include the corresponding VAT. Product prices do not include shipping costs, which are expressed separately. The price in HRK is converted at the Croatian National Bank middle exchange rate from the price expressed in EUR.

Prices, payment terms and special offers are valid only at the time of ordering and / or payment.

On this website, the Seller strives to ensure the accuracy of information and timeliness when changing product prices, however, there is always the possibility of error. We will try to eliminate any difficulties that may arise as soon as possible. In the event of difficulties that would affect the status of the order, we will certainly notify the Buyer without delay.

Price changes


The Seller is authorized to change prices without prior notice, and any change will be recorded in a timely manner within the online store. In the event that the price of the product changes during the processing of the order, or the price on the website for any other reason does not correspond to the actual price of the product, the Seller will allow the Buyer to cancel the purchase or confirm a new, changed price.


6. DELIVERY

Through the website matinataskincare.com it is possible to purchase and deliver products to the territory of the Republic of Croatia and deliver internationally to countries outside the Republic of Croatia. The shipment is delivered to the address specified by the Buyer when purchasing on the site as the delivery address.

Within 1-3 days from the execution of the payment for the created order in the online store, the Seller will file the order towards the courier service.


Estimated delivery times:


Courier service in Croatia

• Delivered by GLS Monday through Friday. Processed orders are shipped within 2 to 3 working days and delivered within 1 to 2 working days from the date of dispatch to most destinations in Croatia (for islands and smaller towns, packages are delivered according to the GLS schedule).

International express courier service with tracking

• Delivered by DHL Express Monday through Friday

• Tracked service

• 9.95 EUR to EU countries (FREE for orders over 100 EUR)

• Remaining countries, price calculation at checkout

• Delivery anywhere in the world

Approximate delivery time with DHL Express:

• Europe 1-2 working days

• USA 3 working days

• Rest of the world 2-3 working days

Delivery time depends on the courier service company, it is approximate and it is not guaranteed.


Delivery cost


Delivery in the territory of the Republic of Croatia is performed free of charge above the order amount of EUR 40,00  and for order amounts up to EUR 40,00 delivery is 2,00 EUR (approx 15 kn) .

International express delivery with tracking for countries within the European Union is 9.95 EUR, and for orders over 100 EUR is free. For delivery to other countries, the delivery price depends on the delivery address of the order, the volume of the shipment and the weight of the package itself.

The delivery price will be shown to the Buyer after completing the order and selecting the delivery address and is always shown separately on the invoice.

The seller is not responsible for any delays in delivery and damage and other obligations that are in the domain of the delivery service.

Import duties, customs clearance costs, taxes and fees are not included in the price of the product item nor in the price of the shipping costs and these costs are the responsibility of the Buyer who is obliged to check with the customs office the additional costs before the purchase.

Delivery and collection of ordered products


The Seller will endeavour to deliver all products ordered by the Buyer but reserves the right to refuse the order in cases of force majeure or in cases where the performance of the contractual obligation is significantly hampered. If the Seller rejects the order, the Buyer will be notified within 2 working days after confirmation of receipt of the order. The contract is considered concluded after the payment of the ordered products has been made.

The Buyer receives an invoice for the ordered product via e-mail (to the address specified when ordering) and, upon delivery, a confirmation of receipt of the shipment, which he is obliged to sign if there is no reason for complaint.

The products will be carefully packed so that they cannot be damaged by the usual handling during transport. When taking over the shipment, the Buyer is obliged to check for possible external damage to the shipment, i.e. the package, and immediately report it to the courier, i.e. refuse to take over the shipment on which major external damage is visible. In that case, the Buyer is obliged to contact the Seller as soon as possible via e-mail to info@matinataskincare.com

In case of a wrongly delivered product, please contact us (by e-mail) within five (5) working days of receiving the shipment. In these cases, the Seller covers all costs of product replacement.

In the event that the Buyer does not take over the product or refuses to take over the product without a valid reason, the Seller reserves the right to demand reimbursement of handling, transportation and other possible costs.

Impossibility of delivery


If the Buyer is not at the delivery address during delivery, the goods will be temporarily kept at the post office or at the local/regional courier service. The Buyer will be informed of the above and the possibility of arranging the next delivery.


7. TERMINATION OF THE CONTRACT


Order cancellation

In the event that the Buyer decides to cancel the order through a statement of cancellation of the order before the ordered products are sent for delivery, the refund will be made within seven (7) working days. The order cancellation statement is sent by e-mail to info@matinataskincare.com. If the order is cancelled before the ordered products are sent for delivery, the Buyer is entitled to a refund of the total amount (for the product and the delivery).

If the order is cancelled after the ordered products were sent for delivery, the Buyer is entitled to a refund for the product, but not for delivery, and the Buyer is obliged to bear the delivery cost.

Unilateral termination of the Contract


In accordance with the Law on Consumer Protection, in case of concluding a contract outside business premises or a contract concluded at a distance, i.e. via the Internet, the Buyer is authorized to terminate the Contract unilaterally, without stating a reason, within 14 days from the date of delivery.

Please find at this link a standard information form for unilateral termination of the Contract, which the Buyer can use to consume his right to unilateral termination. Also, in addition to the above method, the Buyer may unilaterally terminate the Contract by an unequivocal statement sent by mail or e-mail to info@matinataskincare.com. In addition to the respective statement by which the Buyer expresses his will to terminate the Contract, it is necessary to provide personal data (name and surname, address, telephone number and/or e-mail address) and order information. The Seller undertakes to deliver to the Buyer without delay confirmation of the received statement of termination, i.e. a form for unilateral termination, by e-mail specified in the said statement, i.e. form.

The deadline for unilateral termination is 14 days from the day when the ordered product (or a third party designated by the Buyer, which is not a carrier) was handed over to the ordered product. If the Buyer has ordered several products to be delivered separately in one order, the deadline starts from the day when the last product from the said order is handed over to the Buyer (or to a third party designated by the Buyer, who is not the carrier).

The Seller undertakes to refund the amount paid for the ordered product, for which the Buyer requested unilateral termination of the Contract, without delay, and no later than within 14 days from the date when the Seller receives the said product. The refund will be made in the same way as the Buyer made the payment. When returning money to cards, the return process itself can take a few days longer (for the period required until the amount is visible on the Buyer's card).

The Buyer must return the goods without delay, and no later than within 14 days from the day when the unilateral termination of the Contract was reported. Pursuant to the Consumer Protection Act, the Buyer is obliged to bear the costs of returning the goods in case of exercising his right to unilateral termination of the Contract.

Implementation of unilateral termination of the Contract and refund by the Seller will be possible under the following conditions: that the product is not used, that it is returned to the Seller in the original packaging, with the declaration and accompanying invoice and documentation, in the same condition as the Buyer received the product. The Buyer is responsible for any impairment of the goods resulting from the handling of the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods.

Termination of the Contract due to product defect


As stated in the previous article ("6. Delivery") if the reason for return or replacement is a damaged or defective product, the replacement is at the expense of the Seller, provided that the Product was delivered without external visible damage in transit.

If the Buyer, during the take over the procedure from the courier service, notices reason for the complaint, on basis of damage caused during delivery, product complaint should be immediately reported to the courier, because the Seller will not be able to accept complaints related to transport and delivery reported after the delivery.

Return of purchased product


As stated in the section "Unilateral termination of the Contract", the Buyer is obliged to return the product to the Seller, in all cases when returning the product on any basis, in identical condition in which the product was delivered, in the original packaging with documentation and invoice.

If the Buyer does not meet any of the above conditions (returns the product that is not defective, or without major damage, without documentation or does not deliver it within 14 days of notification of termination of the Contract), it shall be considered that the Buyer has not fulfilled its obligation to return the products and that Seller is not obliged to make a refund or exchange of products.

The Buyer is obliged to return the goods without delay, and no later than 14 days from the notification to the Seller of the product decision to terminate the Contract. It is considered that the Buyer has fulfilled his obligation on time if he sent the goods or handed them over to the Seller before the expiration of the above deadline. The Seller is not obliged to refund the paid funds or exchange the product until it receives the purchased product from the Buyer.

The product must be returned by sending it by mail to the Seller's address: Primrose d.o.o., Jarunska 27, 10 000 Zagreb.

Justification of the return

If all conditions are met and the Seller deems that the request for refund or exchange is justified, the Seller will, depending on the request, return the funds to the Buyer to the account specified by the Buyer in the request or product replacement within a maximum of 14 days from the date of receipt of the returned product to the Seller's address.

If the Seller determines that the complaint about the product is unjustified or that the defect of the ordered product is due to inadequate use, the Seller is not obliged to refund or deliver a replacement product. However, in this case, the Seller is obliged to provide the Buyer with a written explanation of the reasons for not accepting the request for return or replacement.

8. ONLINE DISPUTE RESOLUTION


Regulation 524/2013 on the online resolution of consumer disputes, disputes related to online shopping can be resolved through the ODR platform, which can be accessed at:

(https://webgate.ec.europa.eu/o...

Buyer can submit the complaint on the ODR platform link if Buyer encounters a problem while shopping in an online store within the EU (defective product, inability to replace the product, etc.)

The platform can be used by both consumers and traders, and complaints can be lodged in any of the EU's official languages.

Liability for material deficiencies will be resolved in accordance with the provisions of the Consumer Protection Act, the Civil Obligations Act and other applicable regulations.