Terms and conditions

Seller
InClouds, craft for services and trade, Kašinska cesta 31, 10 360 Zagreb, Croatia, PIN (VAT ID): 24036673173 (hereinafter: “seller”).

Buyer
Any person (consumer or legal entity) who, after completing the steps of an online order, concludes purchase contract with the seller by paying the purchase price, i.e.:
Consumer

a natural person who, as a buyer, enters into a contract with the seller, acting on the market outside of their trade, business, craft, or professional activity.

Legal entity
a legal entity that is not a consumer and enters into a contract with the seller, acting in the market within its trade, business, craft, or professional activities.

Means of Remote Communication
All means that can be used to conclude a contract remotely without the simultaneous physical presence of the seller and the buyer, such as the internet (the seller`s online webshop) and electronic mail of both the seller and the buyer.
Website: www.incloudsjournal.com;

Contractual Parties
The seller and the buyer, as defined previously in these General Terms.

These General Terms govern the contractual relationship between the seller and the buyer regarding the sale of products by the seller through his website, the main characteristics of the products, the conclusion of contracts remotely, product prices and other related costs, payment terms and methods, conditions and delivery times, the method for handling customer complaints by the seller, the right to unilaterally withdraw from the contract, the seller`s liability for material defects, and other issues significant for all rights and obligations arising from the concluded distance sales contract (hereinafter: “contract”).

The provisions of the Civil Obligations Act (NN no. 155/2023; hereinafter: “COA”), the Electronic Commerce Act (NN no. 32/2019; hereinafter: “ECA”), and if the buyer is a consumer, also the Consumer Protection Act (NN no. 59/2023; hereinafter: “CPA”), as well as other applicable regulations of the Republic of Croatia in force at the time of publication of these General Terms apply subordinately to the General Terms.
The provisions of the CPA do not apply to legal entities as buyers (sections of these General Terms regarding material defects of products and the right to unilateral withdrawal), but the relevant provisions of the COA and ECA apply instead.

The buyer and the seller, in their mutual relations and in the realization of rights and fulfillment of obligations, adhere to the principles of good faith and fairness, equality of performances, and good faith, as detailed in these General Terms.

By accessing and using the website for the purchase of products (as well as through other means of remote communication), the buyer confirms that they are familiar with and agree to these General Terms and the seller`s Privacy Policy, which are in effect at the time of concluding the contract with the seller.

Before completing the ordering process, the buyer will have the opportunity to confirm appropriately that they have read the General Terms and that they agree with them, along with their sending via e-mail confirming the buyer`s order, in PDF format as a permanent medium.

Buyers are advised to check the applicable General Terms on the website each time they use it, in order to be aware of all their rights and obligations. If they have any questions or uncertainties, they are encouraged to contact the seller via the indicated e-mail address, to which the seller will respond as soon as possible.

The products available for purchase are advertised on the seller`s website, with each product listed alongside data about its main features (specifications) and its price.

If the seller is unable to deliver any of the ordered products, it will contact the buyer via e-mail to select another product or to cancel the ordered product. All other ordered products will be delivered.

The visual identity of the products displayed on the seller`s website serves solely as an illustrative function and may differ from the actual appearance of the products.

Accordingly, any differences in color, shades, texture, or other visual properties between the photograph and the actual product are not considered material defects nor do they constitute grounds for claims based on liability for material defects of the products.

The data provided on the website, advertising materials, marketing publications, non-binding offers, and other related publications and materials are approximate and subject to change by the seller.

The prices listed on the seller`s website are expressed in euros, and will include VAT when and if applicable.

Delivery costs are not included in the price of the products.

Payment costs and/or interbank transaction fees are not included in the price.
The buyer can make payments in one of the following ways:

• Cash on delivery (only for delivery within Croatia);
• Payment gateways (PayPal);
• Shopify payments (bank card selection);
  

During the ordering process, the buyer can choose to have the delivery made in the following ways:

1. Delivery to an address within the Republic of Croatia (to the selected address or parcel locker);
2. Delivery to an address within the EU (see below for the EU countries we deliver to),

where the delivery cost (in both cases (i) and (ii)) is not included in the price of the product and is calculated and charged separately during the ordering process, except where the value of the Buyer`s order exceeds EUR 50.00, in which case delivery is free of charge for the Buyer.

Orders are generally processed within 1–2 working days, however, during periods of increased demand, order processing may take longer.

The delivery time depends on the selected delivery method and the availability of the item. The estimated delivery time will be indicated during the completion of steps in the ordering process and in the “Order Confirmation” e-mail. After the order has been dispatched, the Buyer will receive an e-mail notification with shipment tracking information.

COUNTRIES

ESTIMATED DELIVERY TIME

DELIVERY PRICE

Croatia: 2-5 working days, EUR 2.90 

Other EU countries: (Finland, Sweden, Greece, Estonia, Denmark, France, Ireland, Italy, Spain, Belgium, Luxembourg, Latvia, Netherlands, Lithuania, Germany, Portugal, Austria, Bulgaria, Romania, Slovakia, Czech Republic, Slovenia, Poland, Hungary) - 2-7 working days, EUR 8.90 

Each order contains tracking information, and the Buyer can monitor the shipment status using the provided details. In the event of a suspected lost package, the Buyer is obliged to contact the Seller within 7 days from the expected delivery date.

If the package arrives damaged, the Buyer must notify the Seller within 48 hours and provide photographs of the packaging and contents.

Upon receiving the products, you are required to check for any external damage to the packaging. If you notice any external damage, you must report it to the delivery person or refuse to accept the shipment with visible damage.

Otherwise, it will be considered that you have received the product in undamaged packaging, which, in case of a return, may be considered a reduction in the product`s value. We emphasize that, based on our long-standing experience, we take extra care to ensure that every product is shipped in proper condition and without damage; however, we cannot guarantee this during transport to the Buyer.

Therefore, it is your responsibility to pay attention when receiving the products.

The conclusion of the contract between the seller and the buyer is preceded by the ordering process, which consists of the following steps:

1.SELECTING AND ADDING PRODUCTS TO THE CART

On the website, select the product(s) you wish to purchase by clicking the “Buy” button displayed when clicking on any desired product. After adding all desired products to the cart, to continue the order, click the “Proceed to Checkout” button that opens in a dialog box.

In the cart, you can then remove unwanted products by clicking the icon or adjust the quantity of each individual product.

2.CHOOSING THE DELIVERY METHOD

(Delivery to the chosen address provided by the buyer, or selected parcel locker);

3. PAYMENT METHOD

Select the payment method:

(i) Cash on delivery (only for delivery within Croatia);

(ii) Payment gateways (PayPal);

(iii) Shopify payments (bank card selection).

4.LOGIN/REGISTRATION/GUEST

To complete the order, you need to choose one of the following options:

(i) Login – for registered users by entering your username and password.

(ii) Registration – for new users by entering your first name, last name, and email address, after which you will receive an email with a link to confirm your registration.

(iii) Guest – you can continue shopping without logging in or registering as a guest by entering personal information (first name, last name, email address, address, and phone number).

The buyer is required to provide accurate, valid, and complete personal information when filling out the form. The seller is not responsible for any defects, deficiencies or errors that may occur due to the buyer not providing accurate, valid, and complete personal information when filling out the form.

5. ORDER CONFIRMATION WITH PAYMENT OBLIGATION

After completing the previously described steps, to continue the ordering process, you need to click the “Complete Order” button.

A separate window will then open, displaying a summary of your order in accordance with the information entered/selected in the previous steps.

Completion of the ordering process depends on the selected payment method:

(i)  Payment on delivery - by clicking the “Confirm Order” button, you complete the ordering process, and a configured offer with confirmation of receipt of the order content, or “Order Confirmation”, will be sent to your e-mail address, while you will pay for the product upon delivery to the buyer`s address.  

The contract is considered concluded at the moment of the Order Confirmation. The Seller will provide, within a reasonable time and no later than at the moment of delivery of the product to the Buyer, a confirmation of the concluded contract including all its integral parts.

(ii) PayPal or Shopify payments (bank card selection) – by clicking the selected button, you will be redirected to the payment gateway, where you will need to enter the appropriate details to complete the order, and by entering them and clicking the “Confirm” button, you complete the ordering process, after which an “Order Confirmation” will be sent to your e-mail address.  

The contract is considered concluded at the moment of full payment of the purchase price. The relevant moment is when the payment service provider has received the payment order and the order has become irrevocable, in accordance with the applicable payment services regulations, and is visible on the Seller`s bank account.

The Seller is liable for material defects in the products sold on their website in accordance with applicable regulations, particularly the COA and CPA. The provisions below do not apply to buyers who are legal entities; instead, the relevant provisions of the COA apply.

The Consumer is required to inform the seller of visible defects within two months from the date the defect was discovered, and no later than two years from the transfer of risk to the consumer.

If, after receiving the product, a defect appears that could not have been discovered by ordinary inspection upon delivery, the Consumer is obliged, under penalty of losing the right, to notify the Seller of the defect within two months from the day the defect was discovered.

Upon receipt of the Buyer’s notice of a material defect, the Seller will, after inspecting the product, determine whether the claim meets the conditions for a valid complaint in accordance with the COA and CPA.

If the complaint is found to be valid, the seller will, within 14 days from the receipt of a valid complaint, either replace the product or refund the Buyer the full amount paid. If the complaint is found to be invalid, the seller will notify the Buyer of the rejection of the complaint within 14 days from the receipt of the complaint. If, however, the complaint is determined to be unfounded, the Seller will notify the Buyer of the rejection of the complaint within 14 days from the date of receipt of the complaint.

In accordance with Article 79 of the CPA, the consumer has the right to unilaterally withdraw from the contract within 14 (fourteen) days from the delivery of the product to the consumer. The provisions below do not apply to buyers who are legal entities; instead, the relevant provisions of the COA apply.

The consumer exercises the right to unilaterally withdraw from the contract using the unilateral withdrawal form, which is Appendix 1 of these General Terms, or another unequivocal statement that includes personal data (name, surname, address, email, phone number), sending it as a scanned copy to the email address (completed and personally signed).

The seller will promptly provide the consumer with confirmation of receipt of the withdrawal request upon receiving the correctly completed form.

The consumer must return the goods without delay and no later than 14 days from when they notified the seller of their decision to withdraw from the contract. The consumer bears the cost of returning the products to the seller.

The seller will refund the paid funds to the consumer only after the product has been returned, or after the consumer provides proof that they sent the product back to the seller, if the consumer notifies the seller about this and provides proof prior to receiving the product.

When exercising the right to unilateral withdrawal, the consumer must ensure that the product has not been handled, that it has not been damaged in any way due to handling, that the handling has not caused a reduction in the product`s value, and that the product has no material and/or legal defects.

Any reduction in the value of the purchased product due to damage to the packaging or damage to the product that was not caused by checking the product`s functionality will be determined by the seller in the case of exercising the right to unilateral withdrawal, and the buyer will be informed if the result of the inspection requires payment of a certain compensation due to the decrease in value.
The consumer does not have the right to unilaterally withdraw from the contract in situations specified in Article 86 of the CPA.

All complaints can be sent by the Buyer:

by post to the following address: InClouds, service and trade business, Kašinska cesta 31, 10 360 Zagreb, Croatia

by e-mail to: hello@incloudsjournal.com;
The Seller will respond to the Buyer`s complaint within the legal deadline of 15 days from the receipt of the complaint.

In the event of a dispute, the Seller and the Buyer will primarily seek to resolve the dispute amicably, and if that is not possible, the competent court in the Republic of Croatia will have jurisdiction.

All content published on the website, including but not limited to design, textual materials, visual identity, images, and the arrangement of elements, is exclusively owned by InClouds, a service and trade business.

Any reproduction, distribution, transmission, linking, publication, processing, or other use of the content without prior written consent from the rights holder is prohibited.

Violation of this provision may result in liability under misdemeanor, criminal, and/or civil law in accordance with the applicable laws of the Republic of Croatia.

Individuals accessing the Seller`s website are strictly prohibited from publishing, transmitting, distributing, or in any way making available content downloaded from the Seller`s website, particularly if such content infringes the rights of third parties or contains illegal, inappropriate, offensive, discriminatory, or otherwise privacy-violating material, including, but not limited to, third-party advertising.