terms of use
GENERAL TERMS AND CONDITIONS OF USING
THE WEBSITE AND OF USING THE WEBSHOP SERVICE
1 GENERAL PROVISIONS AND DEFINITIONS
1.1 These General Terms and Conditions of Using the Website and of Using the Webshop Service ("General Terms") regulate the use of the website by users, and the use of the Webshop Service.
1.2 In these General Terms, the terms in bold letters shall have the meaning assigned to them in further text:
Website means all web, that is, Internet pages owned by one2play, including, but not limited to www.one2play.hr.
User means any person, legal or natural, accessing the Website. The term user includes Registered User.
Registered User means any person with full business capacity, legal or natural, registered for the use of the Webshop Service on the Website.
Webshop Service means the service which enables Registered Users to purchase one2play products and services through the Website.
one2play means one2play d.o.o., having its registered office in Zagreb, Zagrebačka cesta 143/A, entered in the court register of the Commercial Court in Zagreb under the identification number of the subject of entry (MBS) 080635779, personal identification number (OIB) 16409253956.
1.3 By accessing the Website via appropriate technical means for access and the use of the Website, the user undertakes to comply with these General Terms and agrees to be subject to the provisions of these General Terms.
2 RESTRICTIONS OF USE AND LIABILITY
2.1 The user undertakes not to
- use the Website in any way which is contrary to the regulations now in force;
- include in the Website or distribute through the Website any content which is contrary to the regulations now in force, including, but not limited to harmful, threatening, disturbing, vulgar, pornographic content, content conducive to hatred and racial hostility, content which violates other people's rights and interests, and the like;
- change, delete or destroy any data on the Website;
- use the Website for violating the rights of third parties, including the violation of secrecy, intellectual property rights or other rights or interests of third parties;
- use the Website for sending electronic mail contrary to these General Terms;
- enter or distribute through the Website any illegal software, including, but not limited to viruses, spyware, trojans, or the like.
2.2 Documents, data and information published on the Website may not be reproduced, distributed or in any way used for commercial purposes without an express consent of one2play or in any way which might cause damages to one2play or any third party. Documents, data and information published on the Website may be used only for the individual needs of users, in full respect of all copyrights and property rights, and the rights of third parties.
2.3 By using the content of the Website, the user accepts (i) all risks arising from the use of the Website and accepts (ii) to use the content of the Website exclusively for personal usage and at one's own liability.
2.4 one2play waives in full any liability (i) which may in any way arise from or which is in any way connected with the use of the Website, (ii) for any actions of a user arising from the use or abuse of the content of the Website, and for (iii) any damages which might arise for the user or any third party in connection with the use or abuse of the use of the content of the Website.
2.5 The Website includes documents, data, information and links to other Internet pages created by third parties, which shall, to the extent necessary and possible, be marked as such. one2play has no control over the said documents, data, information or other Internet pages and waives in full any responsibility, including, but not limited to the accuracy, completeness and the availability of the content on Internet pages created by third parties. one2play waives all responsibility for any content presented on such third party pages, and for any products or services acquired through such third parties. Such third parties shall not be deemed in any way connected with one2play solely on the basis of the link to the Website concerned.
2.6 one2play retains the right to change the content of the Website, the right to remove the Website, and the right to restrict access to the Website, without any prior notice, and shall not be held liable for any consequences which might arise from such changes, removal or restrictions.
2.7 one2play shall not be held liable for any consequences which might arise from the unavailability of the Website for any technical reasons.
2.8 one2play retains the right to change the price of its products and services. Current prices for all products and services are published in the official price list of one2play which is available at the address of the company.
2.9 one2play retains the right to prevent access to the Website to IP addresses (or users) that engage in actions contrary to these General Terms, and shall not bear any liability under the said grounds.
2.10 one2play shall not in any way be responsible to users for the costs they bear for using computer equipment and telecommunication systems for access to 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 one2play or its authorised persons.
3.2 Use of the Website provides the user with limited, non-exclusive, non-transferable and revocable permission to use the Website in a way to examine it for personal use.
3.3 To avoid any doubt, one2play expressly retains 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 other than in conformity with these General Terms and as permitted in the instructions included in the Website, if any.
3.4 The user in particular is not entitled to download, duplicate, change, organise, distribute, show, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate in other Internet pages or media or use in any way other than for personal home use.
3.5 If expressly permitted on the Website, the user is entitled to download certain content. In such a case, the user undertakes that such content shall be used exclusively for personal use, and that in relation to such content the user shall comply fully with the provisions of these General Terms.
3.6 Where users upload data, including photographs, on the Website, they shall become exclusive property of one2play.
4 PROTECTION OF PERSONAL DATA
4.1 Before access to certain content, users shall be obligated to provide personal data to one2play. Where the user agrees to provide such personal data, it shall be deemed that the user agrees to the terms of use of such personal data foreseen in these General Terms under which certain persons are entitled to collect, use, process and transmit personal data for the purposes of using the Website.
4.2 By marking a specific box on the Website, it is deemed that the user agrees to the collection, use, processing and transmitting of personal data necessary for the use of the Website, including, but not limited to:
- the consent that one2play may process the personal data provided in accordance with the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that one2play may provide such data to third parties for the purpose of performance of the service, protecting the interests of users and one2play, and preventing potential abuse;
- the exchange of data for the "human resources" section, that is, the possibility of employment with one2play;
- the need to create a database of workers interested in working for one2play;
- sending of notices of the possibility of employment with one2play;
- the need to have better insight and understanding of the individual needs and requirements of users, and to develop the best quality for all services of one2play to the satisfaction of customers;
- providing data to other persons necessary for the performance of the said purposes.
4.3 one2play shall keep personal data for just as long as necessary for the purposes contemplated in these General Terms. After the expiration of the said term, the personal data shall be destroyed, deleted or made anonymous in a way that ensures that the security of personal data is maintained.
4.4 one2play shall not disclose personal data to third parties, other than persons from its group of companies.
4.5 one2play shall ensure that personal data are maintained in a safe place (including reasonable administrative, technical and physical protection to prevent unauthorised use, access, disclosure, copying or changes to such personal data), accessible solely to authorised persons.
4.6 one2play shall enable users to have access to their personal data in its possession to make sure that the personal data are accurate, complete and updated.
4.7 If users should have any questions regarding the use of personal data, they may contact one2play directly.
4.8 If users should request deletion of their personal data, one2play shall remove such data, but by doing so, they accede that access to certain content on the Website is to be disabled.
4.9 By providing personal data, the user guarantees that they are complete, true, accurate and up-to-date.
5 USING THE WEBSHOP SERVICE AND USER REGISTRATION
5.1 Use of the Webshop Service is available only to Registered Users who are of age and have full legal capacity, as confirmed by using the Webshop Service.
5.2 Registration of users is carried out on the Website, where the user has the duty to enter specific personal data and accept the use of such personal data.
5.3 After successful registration, the Registered User is assigned a user name and a password which are used to authorise the use of the Webshop Service. The Registered User must keep his user name and password secret. If the user suspects unauthorised use of his user name and/or password, he shall be held liable for any costs incurred through the use of his user name and/or password up to the moment he notifies one2play through contacts published on the Website of his suspicions of unauthorised use. The user is also responsible for all non-permitted activities authorised and carried out under his user name and/or password.
5.4 By registration, the user confirms:
- that he fully accepts these General Terms, especially in the part relating to the Webshop Service;
- that his personal data is complete, accurate, true and up-to-date;
- that he grants to one2play the express consent that one2play may process the personal data provided in accordance with the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that one2play may provide such data to third parties for the purpose of performance of the service, protecting the interests of users and one2play, and preventing potential abuse.
5.5 The Registered User hereby accepts that the purchase through the Webshop Service is carried out in a way that the Registered User buys products and services available through the Webshop Service ("products") in a way to choose them based on a picture and basic description of the product. The pictures of products are only illustrative, and are not always and in all detail identical to the products actually available. In view of the possibility of individual adjustments to the computer screen, differences in the way in which the human eye might perceives the colour of products and the like, one2play does not guarantee that the colours of products are identical to the colours that the user sees on his computer screen.
5.6 Products are ordered by electronic means. Upon clicking on the "Add to Cart" icon, the selected product is placed in the consumer cart. To proceed with the process, it is necessary to click on "VIEW THE CART" where the selected articles are located. Products are regarded as ordered at the moment the purchaser completes the ordering process. A notice will be sent to the e-mail address you provided to register as purchaser confirming that one2play maloprodaja d.o.o. received your order.
5.7 If one2play is not able to deliver a particular product, the purchaser shall be contacted by phone or e-mail and be informed thereof. The purchaser may always cancel the order or request a replacement.
6 PRICES OF PRODUCTS AND SERVICES THROUGH THE WEBSHOP SERVICE
6.1 The prices of products are shown in Croatian Kuna ("HRK") and include value added tax. one2play may offer a discount on purchases through the Webshop Service which may be limited to a specific time period, but the discounts shall not cover clearly marked articles and products in the category "Articles on Sale".
6.2 The prices of products are subject to change up to the moment the purchase is confirmed.
6.3 By confirming the purchase, Registered Users complete the purchasing process through the Webshop Service. The purchase contract is made at the moment payment is received by one2play.
6.4 Shipping charges for purchased products are not included in the price of products.
7 PAYMENT FOR PRODUCTS THROUGH THE WEBSHOP SERVICE
7.1 Registered Users may pay for products in any of the following ways, where the selection is made on the Website:
- by credit cards and debit cards
7.2 In the case of payment by credit card and debit card, authorisation is carried out automatically.
7.3 one2play shall bear all costs of the authorisation of the credit/debit card of the user.
7.4 Only after a successfully completed authorisation will the Registered User be able to perform or continue with the purchase through the Webshop Service. In the case authorisation is not obtained, the purchasing process is terminated. The Registered User shall receive a confirmation by electronic mail or Website whether the authorisation was successful or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course of using the Webshop Service.
7.5 In the case of payment on delivery, the Registered User shall receive at his electronic mail an offer and all data necessary to receive the selected products .
8 DELIVERY THROUGH THE WEBSHOP SERVICE
8.1 Delivery of products is possible exclusively within the territory of the Republic of Croatia.
8.2 After one2play registers an order (at the latest within 24 hours after the Registered User placed it, which is applied solely if the deadline expires on a business day in the Republic of Croatia, and does not include non-working days), the products shall be delivered to the Registered User within the following time limits:
- up to 7 business days for the area of the City of Zagreb,
- up to 7 business days for the area of the continental part of the Republic of Croatia,
- up to 7 business days for the area of islands.
8.3 If for any reason the user is not available at the contact number provided, one2play is not responsible for the extension of the above time limits of delivery.
8.4 The delivery to the user will be made at the address for delivery, and if the user is not to be found at the address of delivery:
- a notice shall be left with the number that he can contact, or
- the products can be taken over by a third party (an adult member of the household, person authorised by the Registered User) on presentation of a document for personal identification.
8.5 The Registered User shall examine the parcel at the time of takeover, report any visible damage directly to the courier, and refuse to accept a damaged parcel. By signing the invoice/delivery notification, the user confirms that he examined the product on takeover.
If the Registered User refuses to accept a parcel, because of established and visible damages on the packaging used for transport, he shall fill out a form provided by the courier service, and contact one2play by electronic mail or telephone, in conformity with the instructions on the Webshop site, and state whether he wants a replacement or a refund. On receipt of a returning parcel and the filled-out form, one2play undertakes to perform a new delivery within the following 15 days without additional charges for the user or to make a refund, in line with the request of the Registered User.
8.6 If the Registered User fails to take over the product or refuses to take over the product without a justified reason, one2play retains the right to demand compensation of the expenses incurred.
9 RESERVING A PRODUCT THROUGH THE WEBSHOP SERVICE
9.1 Products which the Registered User places in his cart are not reserved. A product is reserved only after payment is confirmed by the Registered User.
9.2 In the period from the placement of a product in the cart to the confirmation of payment, it is possible that the required quantities of the product might no longer available through the Webshop Service, of which the Registered User shall be notified by telephone or electronic mail.
10 RETURN OF PRODUCTS THROUGH THE WEBSHOP SERVICE
10.1 Within eight (8) calendar days of the date of delivery of a product, the Registered User is entitled to file a complaint concerning the product purchased or to return a product if at the time of takeover of the product he observes defects or if the product delivered is not in proper working order. Based on a request for return or replacement, one2play shall refund the amount paid to the account of the user stated in the request, or replace the product with a new one within thirty (30) days of the date of receipt of a returned product to the address stated on the complaint form.
10.2 The Registered User shall announce the return of products purchased in the complaint form after access to the Webshop Service by using his user name and password, entering his personal data and other data connected with the purchase.
10.3 Delivered products shall be returned by delivery to the address stated in the complaint form.
10.4 The cost of returning a product is borne by the Registered User.
10.5 The Registered User must return the product delivered in the condition in which it was delivered in its original packaging (commercial packaging in which the product was delivered).
10.6 If it is established beyond doubt that a complaint against a particular product is not justified or that the defects occurred as the result of inadequate handling or use, one2play is not obligated to make a refund or provide a replacement. The product returning under a complaint shall be returned to the user at the cost of the user, with a written explanation of the reasons why the request for return or replacement was not accepted.
10.7 If the request for a refund or replacement is justified, one2play shall comply with item 10.1, where the cost of redelivering the product is borne by one2play.
10.8 If a mistake should occur during the packing of ordered products and the purchaser does not receive the product he ordered, but some other product, he shall report the mistake by using the complaint form within eight (8) days. In such a case, the user must return the product which was wrongly delivered at the cost of one2play, which undertakes to deliver the ordered product or make a refund (in line with the request of the user) within fifteen (15) days of the day on which the wrong article was received.
10.9 If the user does not receive the product he ordered and paid for, he shall report it within eight (8) calendar days of the expected arrival of the ordered product in the complaint form or through contacts published on the Website. one2play shall establish within the said term what happened to the parcel referred to in the complaint, and inform the user of actions taken further to the complaint.
11 OTHER CONDITIONS OF THE WEBSHOP SERVICE
11.1 one2play is not liable for any damages which might be incurred by the Registered User and third parties:
- as the result of unauthorised use of the user name and password or connected with such use,
- in connection with the use or abuse of the use of the Webshop Service, provided that the damage is not attributable to one2play.
11.2 one2play is not liable for any damages which might arise from an interrupted Internet connection while using the Webshop Service.
11.3 Use of the Webshop Service shall be governed by the provisions of the Electronic Commerce Act as in force and other legislation relating to the rendering and use of Webshop Services.
12 AMENDMENTS TO THE GENERAL TERMS AND MISCELANEOUS
12.1 one2play retains the right to amend these General Terms without prior notice. Registered Users shall review the General Terms in force each time they use the Website, and in particular the Webshop Service. The General Terms in force shall be published on the Website.
12.2 The General Terms in force at the time of receiving the price for the ordered product shall apply to the use of the Webshop service.
12.3 Any and all disputes which might arise from these General Terms shall be settled before the competent court in Zagreb.
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