WEB SHOP GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinfafter referred to as the »Terms«) apply to the purchase contracts concluded at the online store, accesible via the direct link https://biteme-nutrition.com/ (hereinafter referred to as the »Online Store«) and to all related services provided by us. Purchase contracts are an agreement between you (hereinafter referred to as »You« or Customer«) and BiteMe Nutrition d.o.o., Avenija Dubrovnik 15, 10000 Zagreb, Croatia, registration number: MB 05175135, VAT number: HR19452381062, who is also an e-commerce operator (hereinafter referred to as »BiteMe« or »Seller« or »We« or »Our«).
We reserve the right to modify and/or change these Terms from time to time, and your continued use of the Online Store or any part thereof following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Online Store.
Last update: May 2020
INFORMATION ABOUT THE SELLER
Name of the company: BiteMe Nutrition d.o.o.
Address of the company: Avenija Dubrovnik 15/12, 10000 Zagreb, Croatia
VAT number: HR19452381062
Registration number: 05175135
Business bank account: HR1723600001102825559
SWIFT BIC Code: ZABAHR2x
AVAILABILITY OF INFORMATION
The Seller undertakes to always provide You the following information:
- information on the identity of the merchant (in particular, the company and its registered office, as well as the registration number in which the company is registered);
- contact information that allows the user to communicate quickly and effectively with the Seller (email address, telephone, ...);
- information on the essential characteristics of the product or the services offered by the Online Store, including post-sales services and guarantees;
- information on the accessibility of products or services offered by the Online Store;
- the terms and conditions of delivery of the products, the execution of the services, in particular, the place and date of delivery;
- information on the payment method;
- data on the validity of offers in the online store;
- information on the deadline within which it is still possible to withdraw from the contract and the conditions of withdrawal;
- information on the possibility of returning products and whether this reimbursement costs the user;
- information on the user complaint procedure and contact details of the appropriate manager.
REGISTRATION AND PURCHASE PROCEDURE
Customers may complete an online registration form for placing orders at the Online Store. You agree that all information which you submit (“registration information”) is true and complete and that you will update your registration information to keep it true and complete. By registering in an Online Store You will acquire a user name that is identical to your email address and a user- defined password. The user name and the password are unambiguously determined and linked to the entered Customer's information. By registering You certify and warrant that You are of age and that You possess the legal right to enter into binding contracts.
Notwithstanding anything to the contrary stated above, the functionality of buying products as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
The personal data requested during the registration or buying process must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal data in the Online Store.
Once the order is placed, the Customer (buyer) receives an email notification from the Seller that the order has been accepted. This concluded the contract of sale between the Seller and the Customer. From now on, all the prices and other terms are fixed and apply to both, the Seller and the Customer. The Customer has access to the information on the status and content of the order. Upon receipt of the order, the Seller checks the order and the availability of the products ordered and confirms the order or refuses it for a valid reason. Upon confirmation of the order, the Seller informs the Customer of the expected delivery date. At this point the purchase agreement of the products ordered between the Seller and the Customer is irrevocably concluded.
Delivery times may sometimes be longer than indicated due to delays within the shipping process or higher demand. The Seller assumes no responsibility for damage that would results from longer delivery times.
The Seller prepares the ordered products within the agreed time frame and informs the Customer via electronic message. The Seller issues an invoice in paper form to the Customer with itemized costs and explanation of the right to withdraw from the from the purchase by returning the purchased products, if necessary and possible.
The buyer is responsible to check the correctness of the information before placing the order. Subsequently placed objections regarding the correctness of the issued invoices may not be taken into account.
The payment for the purchase of the products from the Online Store may be made by credit cards, PayPal, payment upon delivery or by payment in advance.
The prices listed for the products at the time and order is placed apply to orders. All of the stated prices include the Croatian statutory value-added tax but do not include shipping costs. Additional costs shall be stated separately in the invoice.
Despite the Seller's efforts to provide the most accurate information possible, it may be that the price information is incorrect. In this case the Seller agrees to allow the Customer to cancel the purchase and offer a solution that is beneficial to both parties.
The Seller will deliver the purchased products to the Customer as soon as reasonably possible and in any event within 30 days after the day on which we accepted the order.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any products that you have paid for but not received.
The Seller is not responsible for any delays on the part from the contractural partners for the delivery or for any damage to the packaging. The Customer should immediately inspect the received goods and in case of any physical damage, lack of any goods or signs of being opened beforehand, immediately contact the contractual partner for the delivery in order to initiate the complaint procedure with the delivery service.
RIGHT OF WITHDRAWAL, RETURN OF PRODUCTS
You have the right to withdraw from this agreement within 14 days without providing any reason. The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the products. To exercise Your right to withdrawal, You must inform Us of Your decision to withdraw from this contract by an unequivocal statement (a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient to send the communication concerning Your exercise of the right to withdrawal to firstname.lastname@example.org before the withdrawal period has expired (name and date of the order included).
EFFECTS OF WITHDRAWAL
If You withdraw from this contract, We shall reimburse to You all payments received from You, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until We have received the products back or You have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the products or hand them over to Us without undue delay and in any event not later than 14 days from the day on which You communicate Your withdrawal from this contract to the following address: BiteMe Nutrition d.o.o., Dubrovnik Avenue 15, 10000 Zagreb, Croatia by registered mail. The deadline is met if You send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal within 14 days without providing any reason shall be applicable only to consumers (natural persons).
When returning the products, copy of the invoice and cancellation form (download link) shall be sent to the Seller by email to email@example.com.
The Seller is not responsible for any damage during the delivery.
The Seller is not obliged to accept packages with postage not paid.
COMPLAINTS AND DISPUTES
The Seller follows the applicable consumer protection regulations. The Seller has an effective customer support system for resolving complaints and employs a person that can be contacted by Customer via e-mail in case any issues occur. In case of issues or a wish to appeal the Customer can contact the Seller via the email address firstname.lastname@example.org. The complaint processing procedure is confidential.
The Seller will confirm that the complaint has been received within eight working days and the guarantee claim will be resolved within the statutory deadline. The Seller will strive to resolve any dispute under mutually agreed conditions. If a mutually agreed upon solution can not be reached, all disputes between the Seller and Customer will fall under the jurisdiction of the appropriate court.
These Terms and all disputes between the Seller and Customer fall under the jurisdiction of Croatian law.
OUT-OF COURT DISPUTE RESOLUTION
In accordance with legal norms, BiteMe does not recognize the authority of any out-of-court provider for settling disputes, launched by the Customer.
In the event that the Customer is not satisfied with the resolution of the complaint, they can, in accordance with applicable legislation, file to initiate the procedure of out-of-court settlement of a specific consumer dispute through the European Commission for Online Dispute Resolution. In accordance with regulation (EU) 524/2013, BiteMe is publishing a link to the European Commission for Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The Customer can also decide to file a lawsuit with the competent court according to the Customer permanent address.
LIMITATION OF LIABILITY
The Seller makes every effort to ensure that up-to-date and correct information appears in the Online Store. Product properties, delivery times or prices can change so rapidly, that the Seller fails to correct the published data in a timely manner. In such case the Seller will inform the Customer of the changes and allow the Customer to cancel the order or replace the ordered product.
Although the Seller attempts to provide accurate images of the products sold in the online store, all images should be considered symbolic. Images do not guarantee the properties of products featured.
In case you need any information or assistance with the online quotation, ordering, delivery, use of the Online Store or return of good, please do not hesitate to contact us at email@example.com.