Digital privacy

Terms of Business

Your protection and safety while doing business are very important to us. Please read this information carefully!

Here are the general rules and steps when doing business or carrying out purchase and sale agreements. Different arrangements and exceptions can be made on a case-by-case basis with the client through the available communication channels.

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BASICS

Service provider information

MBS: 040194475
MB DZS: 01817957
Registry body: Commercial Court in Pazin

Owner: Armando Benazić
OIB: 99046476174
Full address of the headquarters: Vukovarska 19, 52440 Poreč, Istria County, Croatia

Contact number: 052/427-147 ; 052/423-400
E-mail: info@vtm.hr ; matia@vtm.hr
IBAN: HR 3725000091101160174, Hypo Alpe Adria Bank d.d.

Person authorized to represent: Matia Benazić

Service customer

The service requester is a website visitor, a natural person or a legal entity who orders the service through direct physical or digital contact with the Seller using the available communication channels, during which they will be issued an R1 invoice with valid amounts if needed.

Service provider

The service provider is VTM d.o.o.

Informative

The procedure of making a contract

Inquiry about ordering the service is done on the Service Provider’s website vtm.hr by filling out the designated form. When filling out the form, the Service Customer must enter all the required information. The inquiry can be made once the Service Recipient confirms that they have read and understood the Terms of Service and Privacy Policy, and that they agree to them. The Service Provider is not responsible for the costs of using computer equipment and telecom services needed to access the service. The Service Recipient will be notified by email when the inquiry has been received. In case the Service Provider is unable to deliver any of the ordered services for any reason, they will get in touch with the Service Client by phone or email to arrange the delivery. Ordering a service or product on behalf of and for the account of a minor or a person deprived of legal capacity (fully or partially) can only be requested by their legal representatives.
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Note

Due to the nature of VTM d.o.o.’s work, and since this is not an online store but an informational company website with the option to get in touch, the final steps of the order and the main project and contract parameters will be handled in almost all cases in physical form and by going out on-site.

In case of problems or questions during the order, the Service User can contact the Seller at the email address info@vtm.hr

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transactions

Payment methods and terms

The service requester pays for the agreed project or order by transferring money to the Seller’s transaction account using their IBAN. The sales contract is concluded at the moment the buyer’s offer is accepted and the payment is made to the IBAN. The agreed purchase price includes all taxes and fees and is stated in euros. The service provider states that prices for services will be set according to the pre-accepted offer. For services and tasks not covered by the offer, which the service provider will perform for the client based on the client’s written request, prices will be agreed upon separately for each individual task. The service provider can issue the service recipient not only a regular invoice but also an electronic invoice with a breakdown of services and a due date by which the service recipient must pay the invoice.

Contract terms

By ordering a service through the website, the Service Recipient accepts the privacy policy, terms of business, and the website’s cookie policy, as well as all functions related to the operation of the website. Entering into a sales contract through the vtm.hr website is regulated in accordance with legal provisions, taking into account especially the principles and provisions of European Union directives. Entering into a contract via the vtm.hr website constitutes a distance contract. The contract between the Service Provider and the Service Recipient is concluded when the Service Recipient makes payment according to the received offer or invoice.

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Note

A sales contract is concluded if the Service Recipient is a consumer, meaning any individual who enters into a legal transaction or acts on the market outside of their trade, business, craft, or professional activity, and if the contract is made between a trader and a consumer within an organized system of selling or providing a service without the simultaneous physical presence of the trader and the consumer in one place, where, until the contract is concluded, one or more means of distance communication are used exclusively to conclude the contract.

A B2B sales contract is concluded specifically and separately using distance communications and contacts.

General information about business

GENERAL TERMS OF BUSINESS

The terms of business are subject to the Consumer Protection Act (Official Gazette 41/2014), Chapter III – Conclusion of contracts outside business premises and distance contracts, from Article 57 to Article 79. The websites on the vtm.hr domain and headquarters do not represent an online store, but rather a content-based informational and marketing channel for the Service Provider’s products and services. However, through the websites and the contact options on them, it is possible to start communication about purchasing the Service Provider’s service. Such communication, depending on its topic and nature, can end in a sale or forming a partnership, which is then regulated, agreed upon, and organized outside the parameters and functionalities of the website on the vtm.hr domain. Among regulations, contracts, and organizing a purchase-sale or forming a partnership relationship, elements such as: pricing and payment methods, ordering, delivery, product exchange, complaints, returns, contract cancellation, as well as the exclusion of the right to cancel a contract, are considered. Regulations like the ones just mentioned are individually agreed upon and concluded by the Service Provider with the Service Client, and the websites on the vtm.hr domain and headquarters are only used to start a conversation on the topic, or as a way for the Service Client to get in touch with the Service Provider. The consumer, as the Service Subscriber, enters into a sales contract with the Seller. Means of remote communication are all tools that can be used to make a contract from a distance without being physically present at the same time, such as the internet or email. The service provider can cancel the sales contract if the Customer does not pay the purchase price, and they are not obliged to deliver the product until the purchase price is received. The content of the website vtm.hr is available in Croatian and English. The official language for concluding a sales contract is Croatian.

Warranty terms

If a lack of functionality, irregularities, or inability to use the product is found, the Service Provider may have one of the following obligations, all in accordance with the provisions of the Obligations Act based on the consumer’s choice:

a) Removing the flaw

b) Delivery of the second product without defects

c) Price drop

The service recipient can cancel the contract only if they have previously given the seller an additional reasonable period to fulfill the agreement. The service recipient can also cancel the contract without giving an extra period if the service provider has informed them, after being notified of deficiencies, that they will not fulfill the contract, or if the circumstances of the specific case clearly indicate that the seller will not be able to fulfill the contract even within an additional period, as well as in cases where the buyer cannot achieve the purpose for which they made the contract due to the seller’s delay.

If the Service Provider doesn’t fulfill the contract later on, it is automatically terminated by law, but the Service Recipient can keep it in effect if they promptly tell the provider that they want the contract to stay active.

The service provider can refuse to fix a defect if repair or replacement is impossible or would cause them disproportionate costs, considering all circumstances, especially the value of the item without the defect, the significance of the defect, and whether the repair or replacement can be done without significant inconvenience to the buyer.

When the Service Recipient is a legal entity, the rules on material defects prescribed by the Law on Obligations apply to them.

Refund

The service customer is allowed a refund in cases where an individual product included in the service is completely delivered incorrectly and there is no desire to send a replacement product, all within the legally prescribed period of 14 working days with proof of the incorrectly delivered goods. Other terms regarding refunds and warranty conditions are agreed on an individual basis through the sales contract, offer, and work agreement.

Client’s service obligations

The service requester is required, upon the service provider’s request, to present all notices and documents that the service provider may consider necessary for preparing the Offer, drafting the contract, and carrying out the project and its business processes.

The service client agrees, for the entire period of cooperation with the Service Provider, both during the negotiation phase and the phase of making offers, contracts, and the continued contractual relationship, to ensure their email and phone number function properly, all because most of the correspondence will primarily take place via emails and phone calls.

The service requester is obliged to inform the service provider in writing about any changes to personal or identification data listed in the offer or contract regarding status, identity, and headquarters immediately, but no later than 7 days from the date the change occurs.

The client is required, for the entire duration of the cooperation, both when negotiating to establish a contractual relationship and throughout the whole duration of the contractual relationship, to designate an authorized person who will represent the client in relation to the services they request from the service provider.

The service client agrees to cooperate with the service provider so that the service provider can carry out the requested and agreed-upon services on time, by providing all necessary materials, documents, data, and anything else needed for the service provider to start the agreed service and project on time, as well as giving the service provider access to all necessary information and systems required to perform the agreed service and project.

Service Provider’s Responsibility

The service provider agrees to provide services professionally, efficiently, and diligently, following industry standards and with the care of a good businessperson. The service provider offers their services to the Client in accordance with the applicable regulations in the Republic of Croatia, as well as in line with the obligations from the contractual relationship.

The parties won’t be held responsible for failing to fulfill any obligation under this Agreement if the inability to perform is due to a force majeure event – an event beyond the control of the parties and independent of their will, which directly affects the performance of the Agreement and is not caused by the negligence of either party.

The contracting party affected by a force majeure event is obliged to notify the other contracting party in writing immediately, but no later than 48 hours, indicating the sample and providing appropriate evidence of the existence of the force majeure.

The deadline for completing a specific project is set by the preliminary offer or contractual agreement, as well as circumstances for extending the deadline.

Notice on how consumers can submit a written complaint

All complaints, in accordance with Article 10 of the Consumer Protection Act, can be sent by the consumer via email to info@vtm.hr. The Seller is legally required to respond to the consumer’s complaint in writing, at the latest within 15 days from the receipt of the complaint.

In case of any dispute, the Seller and the consumer will try to resolve it amicably, and if that’s not possible, the court in Pula has jurisdiction, applying Croatian law. Disputes can also be resolved through mediation centers.

Images, descriptions, and videos of services and pages

Images and video clips of services, and generally parts of the pages of the entire website, were partially taken from internet portals that provide free images and video clips: unsplash.com, mixkit.com, pexels.com, pixabay.com.

The other images and videos are the direct property of the company VTM d.o.o. The images and videos are used as descriptive references for the services and aim to describe their features as accurately as possible. The people in the images and videos, their original authors, and third parties are not affiliated with VTM d.o.o. or its services in any way.

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Note

VTM d.o.o. reserves the right to change the content on this page at any time and update it according to business needs and any technological innovations that might be introduced.

safe collaboration

Establishing a contractual relationship

The service provider delivers an Informative Offer with all the information about the service and listed prices in euros, including VAT. The contractual relationship is formed the moment the offer is accepted. Once the contractual relationship is established, the terms specifically and individually agreed upon in the contract apply. When submitting a proposal or signing a contract, the Service Client is informed about the terms of cooperation and business operations, and it is assumed that the Service Client has fully understood and accepted them. When it comes to forming business partnerships with clients who want to become partners at different levels, such as distributors, separate and specific agreement and collaboration documents with various terms and conditions will be created and mutually accepted by both the service provider and the client. In addition to contractual relationships that arise from accepting an offer, the Service Provider may have contractual relationships with the Client based on concluded contracts, including contracts concluded without a previously delivered offer or contracts where the offer will be an integral part.
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Note

The client has the right to request the deletion of their account or their data at any time, as well as to request access to existing data, which they can also check on their own within their user account on the website.

Termination of the contractual relationship

The contractual relationship is generally concluded for a fixed period with a duration defined by the offer, which by acceptance leads to the formation of the contractual relationship, that is, the contract. Both the Service Client and the Service Provider have the right to terminate the contractual relationship at any time by sending a notice of termination in writing, by registered mail, addressed to the current address of the other party. In that case, the notice period is 30 days from the day the notice of termination is delivered.

If the Client terminates the contractual relationship before the end of the original contract term specified in the offer or agreement, or if the Service Provider terminates the contract at any time because the Client breaches the obligations they took on by entering the contract, the Client must pay the Service Provider a contractual penalty. This penalty is the difference between the full price of the agreed services according to the Service Provider’s price list and the amount the Client has already paid to the Service Provider under the contract, calculated from the date the contract was signed until the date the contract ends. The Service Provider will issue an invoice to the Client for this amount, which the Client agrees to pay.

The service provider has the right to terminate the contract immediately, without notice and without the obligation to return any advance payments or other funds paid by the service recipient, in the following cases of the service recipient breaching contractual obligations, noting that the contractual relationship ends at the moment the service provider delivers the notice of termination, and this happens:

  • If the Service Recipient does not provide/enable the Service Provider with all the necessary documentation or access to all required information, which prevents the Service Provider from fulfilling their obligations or causes a delay in the Service Provider fulfilling their undertaken obligations;
  • If the Service Recipient constantly delays paying the Service Provider’s invoices past their due dates;
  • If bankruptcy or some similar procedure has been opened or started against the Service Recipient;
  • If the Service Recipient breaches any of their obligations set out in these terms of business or in the offer or contract, which could result in damage to the Service Provider;
  • If the Service Recipient takes such actions and activities against the Service Provider that cause the Service Provider to suffer damage and harm the Service Provider’s business reputation.

If the Customer’s unacceptable or unauthorized use of the Service Provider’s services causes damage to the Service Provider, other customers of the Service Provider, or third parties, the Customer will be held responsible in accordance with applicable laws or a final court decision.

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Note

The service provider must refund the payment using the same payment method that the service requester used when paying, unless the consumer explicitly agrees to a different payment method, and provided that the service requester is not required to pay any additional fees for such a refund. The customer covers all direct costs of returning the product. The customer is responsible for any decrease in the value of the goods resulting from handling, except for what was necessary to determine the nature, characteristics, and functionality of the product.

For legal entities, the Law on Obligations and the Law on Electronic Commerce apply.

Digital protection

Personal data protection

The personal data collected depends on the type of service provided or product purchased, the users and clients, the type of contract signed with clients, as well as the Customer’s intention to exercise their rights based on legal and regulatory provisions on personal data protection. Your data is not used for other purposes or shared with third parties, unless the law requires otherwise, and it will be deleted as soon as it’s no longer needed for billing consultations. While no online service is 100% secure, we make every effort to protect your data from unauthorized access, use, alteration, or destruction, and we take reasonable measures to do so. We use appropriate business systems and procedures to protect the personal data you give us. We also use security procedures and technical and physical restrictions for accessing and using personal data on our servers.
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Note

In case of potential collaboration with external partners on certain projects and during specific consultations, the Service Provider may disclose information about you that is essential for the process to the external partner. External partners must follow the website’s Data Privacy Rules and the specific work parameters agreed upon in the collaboration contract. U slučaju zakonske obveze: U slučajevima gdje je to zakonom propisano ili je neophodno za sprječavanje, otkrivanje ili kažnjavanje kaznenih djela i prijevara, Vaši osobni podaci bit će podijeljeni s nadležnim tijelima. Možemo otkriti Vaše podatke kao odgovor na sudski nalog ili drugi legitimni zahtjev od strane države.

Personal data that are primarily collected during the ordering process and when using the website, and without which it is not possible to provide the service, include at least:

 

  • basic personal information (first and last name)
  • basic contact info (address, phone number, email address)
  • data related to using the website, for example when using the contact form
  • data necessary for making a contract, offer, or invoice
  • other personal data necessary to exercise the client’s rights under legal provisions on consumer protection
  • You can find detailed information about the processing and protection of personal data at the following link: Collection and processing of personal data

CONTRACTING PARTIES

Dispute resolution

All disputes that arise during the performance of work between the parties, including disputes relating to questions of its valid formation, breach, or termination, as well as the legal consequences arising from it, the Contracting Parties will primarily try to resolve amicably and by agreement within 30 (thirty) days. Otherwise, the Contracting Parties agree on the jurisdiction of the competent court in Pula.

Online platform for resolving consumer disputes (ORS Platform)

Article 14, paragraph 1 of Regulation (EU) no. 524/2013. regarding online dispute resolution for consumers, which has been in effect since January 9, 2016, there is a requirement for traders based in the European Union who are involved in online sales or service contracts, as well as online marketplaces established in the EU, to provide an easily accessible link to the ODR Platform on their websites. Both consumers and traders can use the platform, and complaints can be submitted in any of the 23 official EU languages.

Link: Online Dispute Resolution (ODR) platform

feel free to reach out

CONTACT

For any questions about the terms of business, you can contact us as follows:

• by sending an email to:
info@vtm.hr • through the web form found at: https:/vtm.hr/kontakt/ For communication regarding the exercise of rights related to personal data protection, it is necessary to use the communication channels defined in the ‘Exercising Rights’ chapter so that each request is registered and the user as the initiator is identified.
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