Terms and Conditions of Use

 

 

COMPANY NAME: Aqua Maritime d.o.o., Kranjčevićeva 44, 10000 Zagreb
Company entered in the companies register of the Commercial Court in Zagreb.
Personal Identification Number /OIB/: 41047771007
IBAN: HR1323600001102136737 (Zagrebačka banka d.d.)
CONTACT NUMBER: 01 3091 765
Customer service working hours: Monday – Friday, 08:00 a.m. to 04:00 p.m.
CONTACT E-MAIL: aquamaritime@aquamaritime.hr

You may use webpage www.aquamaritime.hr for your own personal purposes without paying any fee for use, all in accordance with these Terms and Conditions of Use. Please carefully read these Terms and Conditions of Use before using the web page www.aquamaritime.hr to purchase products that are available on it or collect information on these products. By using the webpage www.aquamaritime.hr to purchase products or collect information on them, you confirm that you are familiar with these Terms and Conditions of Use and that you agree with them. If you do not agree with these Terms and Conditions, please do not use this webpage to purchase products or collect information on them, or for any other purpose.
These Terms and Conditions of Use of the webpage and use of webshop services (˝General Terms and Conditions˝) define the manner in which users use the webpage and webshop services. Furthermore, in these Terms and Conditions, the terms below shall have the following meanings:
˝Aqua˝ refers to the company Aqua Maritime d.o.o., with registered seat in Zagreb, Kranjčevićeva 44, entered in the companies register of the Commercial Court in Zagreb, Personal Identification Number /OIB/: 41047771007.
˝Webpage˝ refers to all web, i.e. Internet pages owned by the company Aqua Maritime d.o.o.
˝User˝ refers to every natural person that accesses the webpage. The term User also includes registered users.
˝Registered User˝ refers to every person with full legal capacity, whether legal or natural, with address of residence or registered seat in the Republic of Croatia, who has registered for using the webshop service on the webpage.
˝Webshop service˝ refers to the service that allows registered users to purchase the products of the company Aqua via the webpage aquamaritime.hr.
˝Content˝ includes all information from the webpage that can be accessed in any manner, the content of every e-mail that Aqua sends to Users, information related to the products, services and/or prices of the company Aqua within a certain period, and information on products, services and/or prices applied by a third party with whom the Seller has entered into a contractual relationship for a certain period.
˝Product˝ refers to all products available at www.aquamaritime.hr which can be purchased via the webshop service.
˝Transaction˝ refers to payment or refund of payment after Aqua sells a product/service to a User, by the means of the services of a a credit card provider accepted by Aqua, bank transfer or by any other means accepted by Aqua, regardless of the delivery method.
˝Purchase and sale contract˝ refers to the purchase and sale agreement between the User and Aqua, which is concluded at the moment that payment for a product is confirmed, when Aqua receives an e-mail in which the User confirms their acceptance of the offer, i.e. at the moment when Aqua receives an order from the User.
By accessing the webpage via suitable technical means and using it, every User undertakes to adhere to these Terms and Conditions of Use and consents for the provisions of the said Terms and Conditions to be applied to them. All of the information on the webpage www.aquamaritime.hr is shown for informative purposes only, and in good faith.

Only persons of legal age and with legal capacity may use the webpage. A contract on behalf and for the account of a minor or a person fully divested of legal capacity may be signed only by their legal guardian, while persons with partial legal capacity may conclude a contract only with the consent of their legal guardian. Aqua shall not be held liable for any actions that are in violation of this provision.
While using the www.aquamaritime.hr webpage, the User is obliged to supply correct, valid and complete personal information, particularly when filling in the registration form. Acting contrary to this authorises the company Aqua Maritime d.o.o. to deny such a User access to one part or all of its services/products.


By registering at the webpage www.aquamaritime.hr, the User confirms that they accept these Terms and Conditions of Use in their entirety, that they vouch for the validity, accuracy, completeness and up-to-dateness of their personal information, and that they give Aqua their express consent to, in accordance with the provisions of the Personal Information Protection Act, process the supplied personal information for the needs of Aqua’s own records and for the purpose of providing other services, as well as for the purpose of creating a customer database, sending notifications on new products and services, improving quality of service, protecting the interests of Users and Aqua and preventing any misuse.
The User may register, i.e. create a user account only for a single person, and they are not permitted to disclose information on their registration process or user account to third parties. Users are obliged to safeguard information on their password and user account. Using another person’s user account is not permitted.


The User is liable for all unpermitted activities that have been authorised and executed under their user name and/or password, unless they have previously notified the company Aqua Maritime d.o.o. of unauthorised use of their user name and/or password (or suspicion of the same). Aqua is not liable for any delays in delivery or any other problems caused by incorrect or invalid user information. Likewise, Aqua is not liable for any damages that have been incurred due the User forgetting their password, or due to the disclosure of the password to a third party. Aqua considers every registration a separate and real person. The Seller is not liable for any damages or irregularities incurred by changes in the registered information.
Use of the webpage grants the User limited, non-exclusive, non-transferrable and revocable permission to use the content of the webpage, in the sense of browsing the same for personal purposes. The User undertakes not to use the webpage www.aquamaritime.hr in any manner that is contrary to positive regulations, not to add information to the webpage or distribute via webpage any content that is contrary to positive regulations and they also undertake not to modify, erase or destroy any information on the webpage www.aquamaritime.hr.
In particular, the User is not entitled to download, copy, modify, edit, display, erase, sell, resell, adapt or alter the content or create derivations thereof, or to use the content on any other webpages or media or in any other manner apart from for personal and home use.
Documents, data and information published on the webpage may not be reproduced, distributed or used for commercial purposes in any manner without the express permission of Aqua, and they may not be used in any manner that could incur damages to Aqua or any third party.
The product photographs shown at www.aquamaritime.hr are displayed exclusively for illustrative purposes, and they might not always completely correspond to the real content and appearance of the product. Due to the possibility of calibrating monitor settings, differences in perception of colour by the human eye and similar variables, Aqua does not guarantee that the colours of the delivered products will necessarily correspond to the colours as seen by Users on their screens. Any discrepancies between the product shown on the photograph and the product that has been delivered shall not be understood as a product defect, and therefore shall not represent grounds for the return or refund of the product.
Aqua fully disclaims any liability that may in any manner arise from or be related to the use of the webpage, as well as liability for any damages that may be incurred to the User or any third party in relation to the use or misuse of the content of the webpage. Aqua also disclaims any liability for damages that may be incurred on devices that allow access to www.aquamaritime.hr and data stored on these devices during use of the webpage www.aquamaritime.hr, if this damage was incurred due to the unlawful actions of a third party, a computer virus or similar, or in other cases for which Aqua is not liable.


Aqua is not liable for the accuracy or reliability of any views, opinions, tips or statements published on www.aquamaritime.hr. Aqua is also not liable for any losses or damages incurred to the User due to their reliance on information obtained at www.aquamaritime.hr. Users are fully liable for estimating the quality, accuracy, usefulness and comprehensiveness or any information, evaluation, view, opinion, tip or other content made available at www.aquamaritime.hr.
The webpage www.aquamaritime.hr may contain documents, data and information from the webpages of third parties, or links to such webpages. Aqua does not own such webpages, and neither does it monitor such documents, data, information or third-party webpages, and therefore Aqua fully disclaims any liability in relation to such content, including but not limited to the accuracy, completeness and accessibility of content on webpages created by third parties. Aqua disclaims all liability for all content presented at such third-party webpages, as well as any products or services that may have been provided by such third-party webpages. In accordance with this, these Terms and Conditions of Use shall not be applied to the use of third-party webpages in any sense. Users access such webpages fully at their own risk, and Aqua is not liable for such actions.
Aqua reserves the right to prevent access to IP addresses (i.e. Users) that perform actions contrary to these Terms and Conditions, and shall not bear any liability in relation to this.

The company Aqua is authorised to, without the obligation of previous notification, amend the content of these General Terms and Conditions, its product range, other information related to the webshop and all other content www.aquamaritime.hr, providing that it is publicly released on the www.aquamaritime.hr webpage, due to which Users are obliged to review the content of the webpage every time they use it. Acting contrary to this exonerates the company Aqua Maritime d.o.o. from all liability. Those Terms and Conditions of Use that are in force at the moment that a product is ordered shall apply to online purchases. Any disputes that may arise pursuant to these Terms and Conditions shall be resolved before the competent court in Zagreb.

You can find our everything about the process of purchasing products at www.aquamaritime.hr from the guidelines ˝How to Buy˝. In accordance with Article 7 of the Consumer Protection Act (official gazette of the Republic of Croatia ˝Narodne novine˝ no. 41/14), all of the prices are retail prices and are listed in HRK (Croatian kuna), inclusive of VAT. The product prices do not include delivery costs. Prices, terms and conditions of payment and discounts apply only at the moment of order and/or payment and are subject to change without previous announcement. The purchase and sale contract between the User and the company Aqua Maritime d.o.o. is concluded at the moment of the receipt of payment.
All payments shall be executed in Croatian kuna. In the English version of the webpage, where prices are listed in euro, conversion shall be made during payment. The amount that you will be charged with is obtained by converting the price from euros to Croatian kuna according to the valid exchange rate of the Croatian National Bank. When your credit card is charged, the said amount will be converted into the local currency of the customer according to the valid exchange rate of the card association. As the result of price conversion, there exists the possibility of a small deviation from the original price listed on our webpage.
The payment methods that can be used at the webpage www.aquamaritime.hr are the following:
1. Payment with a general payment slip
2. Payment with the credit and debit cards listed below

 

Maestro  Mastercard  Visa

American  diners discover

 

Aquamaritime uses WSPay for online payments.

WSPay is a secure system for online payments, real time credit and debit card payments, and other payment methods. WSPay ensures the buyer and the merchant with the secure card data entry and transfer, which is also confirmed by PCI DSS certificate. WSPay uses 256-bit SSL encryption and TLS 1.2 cryptographic protocol as the highest protection standards for data entry and transfer.

Payment is considered executed at the moment the money is received by the delivery service, or at the moment authorisation is received from the card provider. The receipt will be enclosed in the parcel (or one of the parcels if the ordered goods are delivered in multiple parcels), except if the delivery address is different from the customer’s address. In this case, the receipt will be sent to the customer’s address via e-mail.

Orders at www.aquamaritime.hr can be made 24/7 and are processed after the transaction has been recorded. Delivery is made via a partner delivery service.
All orders received on business days (Monday – Friday) are processed the same business day, and the parcel will be delivered within 72 hours at the latest, i.e. within three business days. For orders received on Saturdays, Sundays and public holidays, the parcel will be collected the first business day after, and the parcel will be collected within no more than 72 hours after it is collected by the delivery service. The stated applies for deliveries to mainland Croatia. Delivery times for parcels sent to Croatian islands or abroad depend on the specificities of transport to such locations.
Products can be delivered within the Republic of Croatia, European Union and other countries. Certain products cannot be delivered to some countries due to the specific import and customs regulations that are in force there. In accordance with this, the User will receive a notification while creating an order, before the same order is complete and payment is made.
For all orders above HRK 500.00, delivery to mainland Croatia is free of charge. For orders below HRK 500.00 and international deliveries, delivery will be charged according to the weight of the purchased products and the delivery address.

DELIVERY PRICES FOR MAINLAND CROATIA
Delivery cost for mainland Croatia is HRK 35,00.

In case of pay on delivery, a surcharge of HRK 6.25 per parcel is added to the listed prices. This surcharge will be included in the calculation of delivery costs during purchase.

DELIVERY PRICES FOR CROATIAN ISLANDS

The same prices as above apply to delivery to the islands of Murter, Korčula, Pelješac, Vir, Pag, Hvar and Brač, while the delivery time is 3 business days. The same also applies to the islands of Krk, Cres, Lošinj and Rab, but with a delivery time of 4 business days. The delivery time for the islands of Vis, Pašman and Ugljan is up to 7 business days, and the same prices as above apply. For other Croatian islands, a surcharge of HRK 60.00 on the prices listed above is applied.

INTERNATIONAL DELIVERY PRICES

Delivery cost for all EU countries is EUR 30,00.
For all other due to the legal regulations that are in force in certain countries (Bosnia and Herzegovina, Serbia, Switzerland, Norway, Canary Islands), there exists the possibility of additional customs expenses.
As for all of the other countries not listed above, online shopping at www.aquamaritime.hr and standard delivery are not possible due to specific legal and customs restrictions. We kindly ask Users from these countries to contact us via e-mail at aquamaritime@aquamaritime.hr, so that we may, if possible, find a way to deliver the products.

When receiving a delivered parcel, the User is obliged to examine the delivery, i.e. to:

  • check whether there is any visible external damage on the parcel and/or the products within the parcel themselves and, if so, to report it to the delivery worker and refuse to receive such visibly damaged products
  • open the parcel before the delivery worker and compare the delivered products with the products listed on the receipt and to, if something is missing or if items that had not been ordered are delivered, immediately report this to the delivery worker.

By signing the parcel receipt slip, the User confirms that they have examined the parcel upon receipt and that the parcel has been received without any visible external damage, and that it qualitatively and quantitatively corresponds with the products listed on the enclosed receipt.

If a User fails to receive a product or refuses to receive a parcel without a valid reason, Aqua Maritime reserves the right to demand compensation of shipping, handling and any other expenses.

The user is entitled to return the product or make a claim within fourteen (14) calendar days from the date of delivery of the product, if:
• the product delivered was not ordered;
• the product delivered has damage that was not caused during transport
• the product delivered is defective
• the product which was ordered was not delivered

A registered user is entitled to make a claim or return the purchased product by stating the reason for making a claim. A registered user must make a notification about the claim/return of purchased products through the Complaint Form, which can be downloaded here. A duly completed form must be submitted within 14 calendar days from the date of accepting a consignment, by post to the address: Aqua Maritime d.o.o. Kranjčevićeva 44, 10000 Zagreb or by email at: aquamaritime@aquamaritime.hr. In this case, the direct cost of returning the goods is borne by the user.


In all cases when returning a product on any basis, the user is obliged to return the product in its entirety, in the state in which it was delivered to them and in its original packaging.
If the user returns the product with major damage or without parts, and does not deliver the product within 14 calendar days from the day of sending the Complaint Form, it shall be considered that the user has not fulfilled his/her obligation to return the goods and the company Aqua Maritime d.o.o. is not required to make a refund or replacement.


If the product has a hidden defect (a defect which could not be detected by normal inspection when picking the product up), determined by the buyer upon opening the product – the buyer is entitled to a unilateral termination of the contract and refund, product replacement, elimination of the defect or reduction of the price. On the basis of a refund or replacement request, Aqua shall refund the registered user to the account specified by the user in the request or replace the product with a new one within 14 days from the date of receipt of the Complaint Form. Notwithstanding the foregoing, we may suspend the refund until we receive the returned goods.


If it is unequivocally determined that in the event of a defect in product ordered which occurred due to improper handling or use, the company Aqua Maritime d.o.o. is neither obliged to make a refund nor to supply a replacement product. The product which is the subject of a claim shall be returned to the user at the user’s cost, with a written explanation of the reasons for not accepting the refund or replacement request.


If there was an error in the packaging of the ordered products, and the buyer did not receive the product ordered, but another one, they are obliged to report the above through the Complaint Form immediately and within 14 days at the latest. In this case, the user returns the wrongly delivered product at the expense of Aqua, which undertakes to deliver the ordered product or to make a refund (according to the user’s request) within fourteen (14) days from the receipt of the wrongly delivered item.

Pursuant to Article 10 of the Consumer Protection Act (Official Gazette, no. 41/14), any user of www.aquamaritime.hr may express their dissatisfaction with the purchased product or service by written complaint, whereby Aqua will acknowledge receipt of the complaint in writing. You can send your complaint by post to the address: Aqua Maritime  d.o.o. Kranjčevićeva 44, 10000 Zagreb or by email at: aquamaritime@aquamaritime.hr. As the Seller, Aqua undertakes to respond in writing within 15 days of receipt of the complaint. In order for Aqua to acknowledge receipt of a written complaint and then respond to it in accordance with Article 10 paragraph 5 of the Consumer Protection Act, the user must provide accurate information for receipt thereof. You can download the Complaint Form here.

Online Dispute Resolution

The contract concluded between the user and Aqua Maritime d.o.o. for the sale of products and services is a one-off contract for the sale of products or services consummated by the delivery of a product by Aqua Maritime d.o.o. and a completed transaction by the user in the event that it is not terminated.
Pursuant to the Consumer Protection Act, Article 72 paragraph 1, you may terminate any contract concluded by means of remote communication (web shop), without stating reasons thereof, within 14 working days from the day you received the products. You do not need to give a reason for termination of the contract, but you must inform us within that deadline of your decision to terminate the contract (via the Form for Unilateral Termination of the Contract or any other unambiguous statement expressing your will to terminate the contract), sent by post to the address: Aqua Maritime d.o.o., Kranjčevićeva 44, 10000 Zagreb, or by email at: aquamaritime@aquamaritime.hr. You can download the standard Form for Unilateral Termination of the Contract at this link.
In the event of unilateral termination of the contract, each party is obliged to return to the other party what it received under the contract, in accordance with the provisions of the Consumer Protection Act. Once we have received a duly completed form, we will notify you of the receipt of the termination statement on a durable medium, and we will refund the payment after the goods have been returned to us, no later than 14 days from the date you informed us of your decision to terminate the contract. In this case, in accordance with the Consumer Protection Act, the user is responsible for any impairment of the goods resulting from the handling of goods, except for what was necessary to determine the nature, characteristics and functionality of the goods. Therefore, the products you return must be in good condition, unopened, unused and in their original packaging. Otherwise and if not delivered within the above deadline, it is considered that you have not fulfilled your obligation to return the goods and we are not obliged to refund you in full, but an impairment assessment of the product may be done.
If you choose to terminate the Contract, we will refund any payment received, including the shipping costs to the original shipping address (except for additional costs incurred by your choice of delivery, which differs from the normal shipping method we offer), without any delay, and in any case within 14 days of the date of termination of the Contract. We will make this refund with the same payment method you used for the original transaction. In any case, you will not bear any compensation as a result of this refund. Notwithstanding the foregoing, we may suspend the refund until we receive the returned goods.
The user is obliged to bear the direct cost of returning the goods if they exercise their right to unilaterally terminate the contract.
By accepting these terms, it is considered that the user also accepts all the provisions of the Regulations on the Content and Form of the Notice on the Right of Consumer to Unilaterally Terminate Distance and Off-premises Contracts.