General terms of use

1. GENERAL PROVISIONS AND DEFINITIONS

1.1 These General Terms and Conditions of Use of the Website and the Use of the Webshop Service (the “General Terms and Conditions”) regulate the use of the Website by the user and the use of the Webshop service.

1.2 In the General Conditions, terms written in bold shall have the meanings given below:

Websites means all websites or Internet sites owned by PokéBros, including but not limited to www.pokebros.com.hr

User means any person, legal or natural, who accesses the Website. The term user includes customer.

Webshop service is a service that allows registered and unregistered users to purchase PokéBros products and services through websites.

1.3 By accessing and using the website through the appropriate technical means of access, each user undertakes to comply with these General Terms and Conditions and agrees that the provisions of these General Terms and Conditions apply to him.

2. LIMITATIONS OF USE AND LIABILITY

2.1 The User undertakes not to

• use the website in any way that is contrary to positive regulations;
• post on websites or distribute through websites any content that is contrary to positive regulations, including, but not limited to, harmful, threatening, harassing, vulgar, pornographic content, content that spreads hatred and racial intolerance, content that offends others rights and interests and the like;
• modify, delete or destroy any data on the website;
• use the website to infringe the rights of third parties, including for infringement of secrecy, intellectual property rights or other rights or interests of third parties;
• use the website to send e-mails contrary to these General Terms and Conditions;
• enter or distribute through the website any illegal software, including but not limited to viruses, spyware, trojans, or similar

2.2 Documents, data and information published on the Website may not be reproduced, distributed or used in any way for commercial purposes without the express consent of PokéBros or in any way that may cause damage to PokéBros or any third party.

Documents, data and information published on this website may be used only for the individual needs of users in compliance with all copyrights and proprietary rights and the rights of third parties.

2.3 By using the content of this website, the user accepts (i) all risks arising from the use of the website and agrees (ii) to use the content of the website exclusively for personal use and at his own risk.

2.4 PokéBros disclaims all liability (i) which may in any way arise from, or in any way relate to, the use of the Website, (ii) to any user action using or abusing the content of the Website, and to ( iii) any damage that may occur to the user or any third party in connection with the use or misuse of the content of the website.

2.5 Websites also contain documents, data, information and links to other Internet sites created by third parties which, to the extent necessary and possible, will be marked as such. PokéBros has no control over such documents, data, information or other Internet sites at all and disclaims all liability in its entirety, including but not limited to the accuracy, completeness and availability of content on third party websites. PokéBros disclaims any responsibility for any content displayed on such third party sites, as well as for any products or services acquired through such third parties. Such third parties will not be deemed to be affiliated with PokéBros in any way for the sole purpose of having a link to the Website.

2.6 PokéBros reserves the right to change the content of the website, the right to terminate the website, and the right to restrict access to the website, all without notice and will not be liable for any possible consequences resulting from such changes, cancellations or restrictions.

2.7 PokéBros will not be liable for any possible consequences arising from the unavailability of the Website for any technical reasons.

2.8 PokéBros reserves the right to change the prices of its products and services.

2.9 PokéBros reserves the right to prevent access to the website to IP addresses (or users) from which actions contrary to these General Terms and Conditions are performed, and on this basis will not bear any responsibility.

2.10 PokéBros is in no way liable to users for the costs incurred in using computer equipment and telecommunications systems to access the website and the webshop service.

3. INTELLECTUAL PROPERTY

3.1 The User accepts that the entire content of the Website is the exclusive property of PokéBros or its authorized representatives.

3.2 By using the website, the user is given a limited, non-exclusive, non-transferable and revocable permission to use the content of the website by viewing it for personal purposes.

3.3 For the avoidance of doubt, PokéBros expressly reserves and does not transfer to the user any other rights in relation to the content of the website, and prohibits the use of the content of the website, except as provided in these General Terms and as may be permitted by instructions on the website pages.

3.4 The User has no particular right to download, duplicate, modify, edit, distribute, display, delete, send, sell, resell, adapt, modify the content, create derivatives, include on other Internet sites or media or use in any way other than for personal purposes for home use.

3.5 If this is expressly permitted on the website, the user will have the right to download certain content. In such a case, the user undertakes to use such content exclusively for personal use, and to fully comply with the provisions of these General Terms and Conditions in relation to such content.

3.6 By uploading data, including photos, to users’ websites, they become the sole property of PokéBros.

4. PROTECTION OF PERSONAL DATA

4.1 Before accessing certain content, users will be required to provide PokéBros with personal information. In the case of consent to the provision of personal data, users will be deemed to have agreed to the terms of use of personal data provided by these General Terms and Conditions, which entitle certain persons to collect, use, process and transmit personal data necessary to use the website.

4.2 By ticking the appropriate box on the website, the user is deemed to consent to the collection, use, processing and transfer of personal data necessary for the use of the website, including, but not limited to:

• consent that PokéBros may, in accordance with the provisions of the Personal Data Protection Act, process personal data for the purposes of its own records and provide other services, create customer databases, notify about new products and services, and improve services and that PokéBros may provide such data third parties for the purpose of performing the service, protecting the interests of users and PokéBros and preventing possible abuse;
• the need for better insight and understanding of individual needs and requirements of users as well as the development of opportunities for the best possible provision of all PokeBros services to the satisfaction of users;
• providing information to other persons necessary for the performance of the above purposes.

4.3 PokéBros will retain personal data only to the extent necessary for the purposes set out in these General Terms and Conditions. After that time, personal data will be destroyed, deleted or made anonymous in a way that ensures that the security of personal data is maintained.

4.4 PokéBros will not disclose personal information to third parties other than persons in its group of companies.

4.5 PokéBros will ensure that personal data is kept in a secure place (which includes reasonable administrative, technical and physical protection to prevent unauthorized use, access, disclosure, copying or alteration of personal data), which can only be accessed by authorized persons.

4.6 PokéBros will provide users with access to their personal data in order to ensure that personal data is accurate, complete and up-to-date.

4.7 If users have any questions regarding the use of personal data they may contact PokeBros directly.

4.8 If users request the deletion of their personal data, PokéBros will remove such data, but they agree that they will be denied access to certain content on the website.

4.9 When providing personal data, the user guarantees that they are complete, true, accurate and up-to-date.

5. USE OF THE WEBSHOP SERVICE

5.1 The use of the Webshop service is available only to users who are of legal age and fully capable of business, which they confirm by using the Webshop service.

5.2. During the checkout, it is necessary to enter certain personal data and agree to the use of such personal data so that the user can make a successful purchase and delivery of items to the correct address.

5.3 At checkout, the user confirms:

• to fully accept these general terms and conditions, especially insofar as they relate to webshop services;
• completeness, accuracy, truthfulness and timeliness of personal data;
• to give PokéBros explicit consent that it may, in accordance with the provisions of the Personal Data Protection Act, process personal data for its own records and provide other services, create a customer database, inform about new products and services, and improve services and PokéBros may provide this information to third parties for the purpose of performing the service, protecting the interests of users and PokéBros and preventing possible misuse.

5.5 The User agrees that the purchase through the Webshop service is made by the user purchasing products and services available through the Webshop service (“products”) by choosing them based on the image and basic product description. Product images are for illustrative purposes only and do not always correspond in detail to products that are actually available. Due to the possibility of individual adjustment of the monitor on the computer, differences in the perception of product color by the human eye, etc., PokéBros does not guarantee complete compatibility of product colors with colors as a registered user sees them on the screen of his monitor.

5.6 Product ordering is done electronically. By clicking on the “Add to cart” icon, the selected product is saved in the consumer cart. To continue the procedure, it is necessary to click “LOOK AT THE CART” where all the selected items are located. Goods are considered ordered when the customer goes through the entire ordering process. At the e-mail address where you registered as a customer, you will receive a confirmation that the order has been received by PokéBros.

5.7 If PokéBros is not able to deliver any of the ordered products, it will contact the customer by phone or e-mail and inform him of the above. The customer has the option to cancel the ordered product or request a replacement product.

1. PREORDERS

5.8      Preorder is confirmed and binding after the User completes the payment for the order

5.9      User can cancel the preorder up to 14 calender days after the preorder has been made on the PokéBros Webshop

6. PRICES OF PRODUCTS AND SERVICES THROUGH WEBSHOP SERVICES

6.1 Product prices are expressed in CROATIAN KUNA (“HRK”) and EURO („EUR“) and include value added tax. PokéBros may specify certain discounts on purchases through the webshop that may relate to a specific period of time, but these discounts will not apply to clearly marked items and products in the “Promotions” category.

6.2 Product prices are subject to change until the confirmation of purchase.

6.3 By confirming the purchase Users complete the purchase process via the webshop service. The purchase agreement is concluded at the time of receipt of payment by PokéBros.

6.4 The price of delivery of purchased products is not included in the price of the product.

7. METHOD OF PAYMENT FOR PRODUCTS VIA WEBSHOP SERVICE

7.1 Users can pay for products in the following ways, where the choice is made on the website:

• Cash on delivery (Croatia only)
• Direct payment to the IBAN account
  • payment deadline for the orders via direct payment by IBAN account is no later than 48 hours (for the preorders as well) from the moment order is made on the webshop. If the payment is not done in that deadline, order will be automatically cancelled
• Payment by credit and debit cards via CorvusPay
• Payment by via PayPal
• Payment using the KEKSpay application

7.2 When paying by credit and debit card, the authorization is done automatically.

7.3 PokéBros will bear all manipulative costs of the user’s credit / debit card authorization.

7.4 Only after a successful authorization can the User make or continue a purchase via the Webshop service. In case of unsuccessful authorization, the purchase process is terminated. The user receives via email or website a confirmation of whether the authorization was successful or unsuccessful. The user is responsible for the correctness of the data provided using the webshop service.

8. DELIVERY VIA WEBSHOP SERVICE

8.1 Delivery of products is possible only within the territory of the European Union.

8.2 After PokéBros records the order and payment for the same (no later than 24 hours from the order of the product by the User, which applies only if such period expires during the working day in the Republic of Croatia, and does not apply to non-working days) delivered on time:

• up to 7 working days for the area of ​​the City of Zagreb,
• up to 7 working days for the area of ​​the continental part of the Republic of Croatia,
• up to 7 working days for the island area and the EU

8.3 If for any reason the User was not available via the contact number he left, PokéBros is not responsible for extending the aforementioned delivery times.

8.4 The order will be delivered to the User at the delivery address, and if the User is not at the delivery address:

• he will be left with a message with a number he can contact or
• products can be taken over by another person (adult household member, authorized person by the User) upon presentation of a personal identification document.

8.5 Upon collection, the user is obliged to inspect the shipment, report visible damage directly to the courier, and refuse to accept the damaged shipment. By signing the invoice / delivery note, the User confirms that he / she has inspected the product when downloading it.

If the User refuses to receive the shipment due to established and visible damage to the transport packaging, he is obliged to fill in the appropriate delivery form, and contact PokéBros by email or phone via user instructions on the web shop website and state whether he wants re-delivery or refund. Upon receipt of the advertised shipment and the appropriate form, PokéBros undertakes to repeat the delivery within the next 15 days at no additional cost to the user or to refund, all in accordance with the User’s request.

8.6 If the User does not take over the product or refuses to take over the product without a valid reason, PokéBros reserves the right to claim reimbursement of the costs incurred.

9. PRODUCT RESERVATION VIA WEBSHOP SERVICE

9.1 Products placed by the User in the cart are not reserved. The product is reserved only after confirmation of payment by the User.

9.2 In the period between putting the product in the cart and confirming the payment, there is a possibility that the quantities of products are no longer available through this webshop service, of which the User will be notified by phone or e-mail.

10. RETURN OF PURCHASED PRODUCTS THROUGH WEBSHOP SERVICE

10.1 The user has the right within fourteen (14) calendar days from the date of delivery of the product to the complaint of the purchased product or return of the product if when taking over the goods he notices defects in the products or the delivered products are defective. PokéBros will, upon request for a refund or exchange, refund the User to the account specified by the User in the request or replace the product with a new one within thirty (30) days from the date of receipt of the returned product to the address specified in the complaint form.

10.2 The user announces the return of purchased products via e-mail, which must contain the customer’s username, offer number / invoice and the name of the returned product.

10.4 The costs of product return are borne by the User.

10.5 The user is obliged to return the delivered products in the condition in which they were delivered to him and in the original packaging (commercial packaging in which the goods were delivered).

10.6. If it is unequivocally established that a complaint about the product is unjustified or that the defect of the ordered product is due to inadequate handling or use, then PokéBros is not obliged to refund or deliver a replacement product. The advertised product will be returned to the user at his expense with a written explanation of the reasons for non-acceptance of the request for return or replacement.

10.7 If a request for a refund or exchange is justified, PokéBros will proceed as set out in point 10.1, with the cost of resending the product borne by PokéBros.

10.8 If an error occurred during the packaging of the ordered products and the customer did not receive the ordered product but another, he is obliged to report this via the complaint form within fourteen (14) days. In this case, the user returns the wrongly delivered product at the expense of PokéBros, which undertakes to deliver the ordered product or make a refund (according to the user’s request) within fifteen (15) days of receiving the incorrectly delivered item.

10.9 If the user has not received the ordered and paid product, he is obliged to report it within fourteen (14) calendar days from the date of expected arrival of the ordered product via the complaint form or through the contacts published on the website. Within this period, PokéBros is obliged to determine what happened to the complained shipment, and to inform the user about the further resolution of the complaint.

11. OTHER TERMS OF WEBSHOP SERVICE

11.1 PokéBros is not liable for any damage that may occur to the User and third parties:

– in connection with the use or misuse of the webshop service, if the damage in question was not caused by PokéBros.

11.2 PokéBros is not liable for any damages that may arise due to the interruption of the Internet connection when using the webshop service.

11.3 The provisions of the applicable Electronic Commerce Act and other laws relating to the provision and use of the webshop service shall apply to the use of the webshop service.

12. AMENDMENTS TO THE GENERAL TERMS AND OTHER PROVISIONS

12.1 PokéBros reserves the right to change these General Terms and Conditions without prior notice. Users are obliged to check the valid General Terms and Conditions every time they use the website, and especially the webshop service. The applicable general terms and conditions will be published on the website.

12.2 The general conditions in force at the time of receipt of the price for the ordered product are valid for the use of the webshop service.

12.3 All disputes that may arise on the basis of these general terms and conditions will be resolved before the competent court in Zagreb.