Terms of Purchase (valid from 21.5.2023.)
1. General
These Terms of Purchase serve to inform the Customer, before concluding a distance contract, about a series of circumstances essential for the conclusion, execution, and termination of the contract.
The term “Seller” refers to the business:
Name: OUT AND ABOUT, owner Tena Gostović
Address: Kikićeva 1, 10000 Zagreb, Croatia
EORI: HR91508096677
Croatian Craft Registration Number: 98404377
Email: info@outandabout.hr
Website: https://www.en.outandabout.hr/
The term “Customer” refers to both a regular consumer (an individual who, outside of any business activity, orders and pays for any product through the services of the Seller’s website) and customers who are legal entities, craftsmen, individual traders, and individuals engaged in business activities. However, they are protected by the Croatian Consumer Protection Act only when purchasing products unrelated to their business activities.
The term “product” refers to all products displayed on the website https://outandabout.hr/, which can be purchased through the webshop.
The Seller acts on their own behalf when selling through the website https://outandabout.hr/.
The Terms of Purchase constitute a part of the distance contract, together with the specification(s) and price(s) of the purchased product(s), and the Customer will be required to accept them before confirming the purchase.
The Seller reserves the right to modify the terms at any time, with the mentioned modifications coming into effect after being published on these websites.
Once the Customer confirms and completes the order, the contract is concluded, and the Seller will immediately notify the Customer of the contract’s conclusion via email. A validly concluded contract requires that the Customer is a person with full legal capacity. The Customer is responsible for the completeness and accuracy of the data entered during registration.
The Terms of Purchase are divided into the following categorized information.
2. Appearance and Description of Products
The products are presented descriptively and through photographs.
The product photographs are for illustrative purposes and may not always correspond to the products subject to the order in all details. Each product is handmade according to the measurements provided by the Customer during the product ordering process and in the colors chosen by the Customer.
The Seller particularly emphasizes that the visual identity or colors depicted in the photographs may not correspond to the actual appearance of the product, especially considering the Customer’s computer monitor settings, differences in color perception as seen on the screen, etc. In the event of such discrepancy between the product shown in the photograph and the delivered product, it does not constitute a product defect. The product data (product description, price, etc.) displayed on the website https://www.en.outandabout.hr/ are subject to bugs, application irregularities, technical issues, typographical errors, etc. Only products indicated as available and in stock in the order are the subject of the purchase.
3. Product Prices
Payment on the website https://www.en.outandabout.hr/ is made in EUR. Prices are expressed in EUR, and VAT is not applicable based on Article 90(2) of the Croatian VAT Act.
The product prices do not include delivery costs. Delivery costs vary depending on the country of delivery, are calculated, and visible during the order completion process, and are shown as a separate item. The Seller covers the delivery costs for orders over defined amounts, which also varies on the country of delivery.
The Seller is authorized to change prices without prior notice. Furthermore, the Seller is authorized to determine discounts, daily or weekly promotions, promotions for specific products, product groups, and/or all products without prior notice.
4. Delivery Costs
Delivery costs are communicated during the ordering process for each individual product, as well as the total delivery costs in the case of ordering multiple products. In case of the inability to deliver the chosen product to the provided Customer address, the Customer is responsible for the costs of redelivery to the same or another address, depending on the information provided by the Customer to the Seller when verifying the delivery of the order.
- For orders in Croatia up to (including) 60.00 EUR, the delivery cost by courier service is 5 EUR.
- For orders over 60 EUR, the delivery/postage is free.
- There is also a free option for product pickup at the headquarters address in Zagreb.
For orders outside of Croatia, different delivery costs apply.
- For orders placed in EU (but not Croatia) up to (including) 100.00 EUR, the delivery cost by courier service is 12 EUR.
- For orders over 100.00 EUR, the delivery/postage is free.
- For orders placed in non-EU European country up to (including) 120.00 EUR, the delivery cost by courier service is 15.00 EUR.
- For orders over 120.00 EUR, the delivery/postage is free.
- For orders placed outside Europe up to (including) 200.00 EUR, the delivery cost by courier service is 20.00 EUR.
- For orders over 200.00 EUR, the delivery/postage is free.
Please note that for orders outside EU, additional customs costs may apply.
5. Payment Terms and Deadlines
Products are ordered by selecting the type of product, color, and size, and for certain products, additional measurements of the dog are entered. After entering all the necessary information, the product is added to the shopping cart. The Customer can order and purchase the product as a registered or unregistered user. The product is considered ordered when the Customer completes the entire ordering process.
5.1. Payment Method
The payment for the ordered products can be made via bank transfer for orders in Croatia, and for non-Croatian orders via PayPal.
Once the payment is received, the ordered products are sent. The ordered products are delivered to the Customer in accordance with the delivery terms.
The payment must be made no later than the deadline indicated in the email confirming the conclusion of the contract. If the Customer does not receive a notification confirming the contract’s conclusion after completing the ordering process, it is suggested to check:
If the message is in the Junk/Spam folder If the mailbox is full If the payment is not made within the specified deadline, the Seller will proceed with the delivery of the purchased products based on the subsequently executed payment. If the Seller is unable to deliver the products for justified reasons, the Seller will unilaterally terminate the contract and refund the paid amount. If the payment is successfully made and visible in the Seller’s account, the Seller will proceed with the delivery of the ordered products.
6. Production and Delivery Time
After the payment is visible in the Seller’s account, the Seller starts the production of the ordered products. Since all products are handmade and made to order, production may take a maximum of 30 days. The delivery period starts after the Customer is informed that the order is finished, and its duration depends on delivery service conditions.
If there is an impossibility to deliver the selected product within the specified deadline due to the unavailability of necessary materials for production, the Seller is obliged to immediately notify the Customer, and the Customer has the right to terminate the contract and request a refund or agree to a subsequent delivery deadline.
The ordered products are delivered through GLS distribution (General Logistics Systems Croatia Ltd.) for Croatia, Croatian Post for other countries or, exceptionally, another courier service. It is also possible for the Customer to personally pick up the products at the headquarters address free of charge.
Every effort will be made to deliver all ordered items in one package. If this is not possible due to stock conditions, we reserve the right to deliver in multiple shipments.
The following are not included in the delivery deadlines:
- Delays due to incorrect or incomplete Customer address
- Delays due to force majeure or other reasons beyond the Seller’s control
7. Unilateral Termination of the Contract (Complaints and Returns)
The Customer who has concluded a distance contract in the manner described above has the right to unilaterally terminate the contract within 14 days, without stating the reasons, except in cases where the subject of the contract is a product made according to the Customer’s specifications or clearly personalized for the Customer.
7.1 Calculation of the Deadline for Unilateral Termination of the Contract
You have the right to unilaterally terminate the contract within 14 days without stating the reasons.
To exercise the right to unilaterally terminate the contract, the Customer must inform the Seller of their decision to unilaterally terminate the contract before the expiry of the deadline, through an unambiguous statement sent to the email address info@outandabout.hr, stating their name, surname, email address, and the account number to which they wish to receive the refund.
The deadline for unilateral termination is 14 days from the day the goods subject to the contract were delivered to the Customer or a third party designated by the Customer, who is not the carrier.
7.2 Refund
If the Customer unilaterally terminates the contract, the Seller undertakes to refund the received money to the Customer, including the delivery costs, without undue delay and no later than 14 days from the day the Seller received the Customer’s decision to unilaterally terminate the contract.
The refund will be made using the same payment method used by the Customer. If the Customer agrees to a different refund method, they will not bear any costs associated with the refund.
The Seller may execute the refund only after the goods have been returned or after the proof of sending the goods back has been provided.
7.3 Return of Goods
The Customer should return the goods to the Seller without undue delay and, in any case, no later than 14 days from the day the Customer notified the Seller of the decision to unilaterally terminate the contract.
It is considered that the Customer has fulfilled their obligation on time if they send or hand over the goods to the Seller before the aforementioned deadline.
7.4 Costs of Returning the Goods
The Customer bears the direct costs of returning the goods.
7.5 Customer's Liability for the Diminished Value of the Goods
The Customer is responsible for any diminished value of the goods resulting from the handling of the goods, except when it was necessary to determine the nature, characteristics, and functioning of the goods.
7.6 Liability for Material Defects
The Seller is liable for material defects of the products sold on their website in accordance with the positive regulations of the Republic of Croatia, especially the Obligations Act. The ordered products are packaged in a way that they are not damaged by regular handling during transportation/delivery. In the event that the shipment is damaged during transport, such damage is visible upon receipt, and in that case, we suggest that the Customer does not accept the shipment. Please contact us to promptly verify the status of the shipment and send a new one. In the case of visible product defects upon receiving the shipment, the Customer is not obliged to accept the delivered product, can refuse the receipt, and does not bear the delivery costs for such a product. Products that are duly received by the Customer are considered to have no visible defects.
The Customer is responsible for any diminished value of the product resulting from the handling of the product, except when it was necessary to determine the nature, characteristics, and functioning of the product. The Seller will not accept the return of a product that has been used prior to reporting a defect.
The Seller will consider the complaint valid if, upon inspecting the product, it is determined that it meets the conditions for complaint according to the Obligations Act and the Consumer Protection Act. In that case, within 15 days of receiving a valid complaint, the Seller will replace the product or refund the full amount paid. If, however, it is found that the complaint is unfounded and should be rejected, the Seller will notify the Customer within 15 days of receiving the complaint.
7.7 Method of Submitting Complaints
In accordance with Article 10 of the Croatian Consumer Protection Act, the online store https://www.en.outandabout.hr/ allows you to send written complaints related to online purchases to the email address:
info@outandabout.hr
or to the address:
OUT AND ABOUT, owner Tena Gostović, Kikićeva 1, 10000 Zagreb, Croatia
When submitting a complaint, please provide the following:
- Subject of the complaint
- Name and surname
- Invoice number
- Address or email address for the response delivery.
OUT AND ABOUT, owner Tena Gostović undertakes to respond to all comments and complaints within 15 days.
8. Duration of the Contract
The contract concluded between the Customer and the Seller is a one-time distance contract for the sale of products that is consummated by delivering the products and completing the payment by the Customer, unless it is terminated. These Terms of Purchase are an integral part of the contract.
9. Dispute Resolution
The European Commission’s platform for online dispute resolution allows for the resolution of disputes related to purchases both in the Republic of Croatia and abroad.
The platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/