Remark! Only the Croatian original of these General Terms and Conditions of AKI Group doo is legally binding.Translations available in other languagesare for informational purposes only and have no legal effect. By accepting these General Terms and Conditions, you automatically accept the Croatian original.
1 Scope of application
These general terms and conditions (hereinafter referred to as "terms") apply to all legal transactions carried out via the emobi.ch online store (hereinafter referred to individually as the "online store"). The online store is run by AKI Group doo (hereinafter "AKI Group"). AKI Group reserves the right to change these conditions at any time. The version of the terms valid at the time the order is placed is valid and cannot be changed unilaterally for the order in question. Unfavorable or contradictory conditions of the buyer will not be recognized.
The range of products and services available at emobi.ch (hereinafter referred to as the "offer") is intended exclusively for customers whose residence or place of business is in the Republic of Croatia.
Deliveries are made exclusively to addresses in the Republic of Croatia.
Products are available as long as they can be found via the search engine in the online store and / or while stocks last.
Customers confirm compliance with legal provisions for all product orders with a minimum age requirement of 18 years (especially for alcohol and tobacco products).
Large orders above the standard amount may be refused without reason.
2 Information
2.1 Product and price
Product images used for advertising, brochures, online shopping, etc. are for illustrative purposes only and are not binding.
Information about products available through the online store is made as easy as possible for users, but is not binding. Information provided by the manufacturer (eg Manufacturer's Warranty) is applied, provided that it is valid in the Republic of Croatia.
All prices listed are net, in Croatian kuna (HRK), include value added tax (VAT) and, where applicable, include an advance recycling fee. AKI Group reserves the right to change prices at any time. The prices listed in the online store at the time of placing the order are valid.
All additional services that are subject to a fee, eg installation, disposal, warranty extension, insurance, etc. are listed separately in the shopping cart and on the delivery note.
2.2 Availability and delivery time
AKI Group undertakes to provide up-to-date and accurate information on availability and delivery time in the online store or via e-mail. However, manufacturing and shipping defects may cause delivery delays. Therefore, all information about availability and delivery time is subject to change.
2.3 Additional services: installation and disposal
Installation includes unpacking and installing the ordered product, including returning the packaging.
Disposal includes the receipt and environmentally sound disposal of the item(s) specified by the client when placing the order. The items must approximately correspond to the type and quantity of the product ordered. The disposal item (a) must be prepared for transport by the customer and must be ready for delivery on the agreed delivery date for the products ordered.
Installation and disposal costs are listed separately in the shopping cart and on the delivery note.
3 Conclusion of the contract
Products and prices listed in the online store are considered offers. However, these offers are always subject to failure to deliver or incorrect price offers, both of which have resulted in contract cancellation. The contract will be considered concluded as soon as the customer places an order in our online store, by phone or e-mail (hereinafter referred to as the "contract").
Clients are notified of their order via an automatically generated order confirmation sent to the email address provided by the client. Receipt of an automatically generated order confirmation does not constitute an obligation to deliver the product. It exclusively informs the customer that the ordered action has been received in the online store and that therefore the contract has been concluded under the condition of delivery and correct price.
4 Date of delivery
With the confirmation, the customer receives either a provisional delivery date or is contacted so that an individual delivery date can be agreed upon.
If delivery to AKI Group is delayed, customers have the right to withdraw from the contract (with the exception of special orders) from the 30th calendar day from the originally scheduled delivery date. In such a case, AKI Group will refund the amount paid in advance to the user. No further claims against AKI Group apply.
5 Delivery / Store collection
The delivery address in the Republic of Croatia must be easily accessible by truck. If this is not the case, the customer bears all the resulting costs.
If the customer refuses to receive the ordered products on the agreed or guaranteed delivery date, AKI Group can withdraw from the contract (cancellation) and invoice the customer for all incurred additional costs as well as inconvenience costs in the amount of 20% of the value of the order, but no less as compensation for any loss of value of ordered products.
6 Obligation of the customer to inspect the products
Customers are obliged to immediately check the delivered or collected products for correctness, completeness and integrity. The customer is obliged to notify AKI Group of all defects immediately after their discovery and no later than within 5 calendar days after receipt of delivery / payment. The customer must keep the product in the condition in which it was delivered and must not use it. If the delivery is performed by a service partner, the customer confirms by signing the delivery that the product does not show obvious defects. Instead, he/she must indicate the defects on the delivery note. This does not apply to hidden defects.
7 Warranty
AKI Group guarantees for one year from the date of delivery that the ordered product will be error-free and fully functional.
The guarantee provides:
Free product repair.
Partial or complete replacement of the same product.
8 Liability and Exclusion of Liability
Liability is based on applicable legal provisions. However, in no event shall AKI Group be liable for (i) slight negligence, (ii) indirect and consequential damages and consequential damages and loss of profits, (iii) unrealized savings, or (iv) damages resulting from delivery delays, or ( v) any acts or omissions of the auxiliary persons of AKI Group, whether contractual or non-contractual.
Moreover, AKI Group is not responsible for damage caused by the following reasons:
Storing, placing or using any product that is inappropriate, illegal or in breach of contract.
Use of incompatible spare parts or accessories (eg power supply).
Adverse care of the product and/or improper modification or repair of the product by customers or third parties.
Forces, especially natural hazards, moisture, bumps and impacts, etc., not caused by online shopping or official orders.
When paying on our online store, use CorvusPay - an advanced system for securely accepting payment cards online.
Our current fees can be viewed under payment method and are detailed in the ordering process.
When paying by credit card, the amount is charged at the time of order.
In case of payment in advance, delivery is made only after receipt of payment. Products in stock in the AKI Group main warehouse are reserved until the payment deadline, which is at least 40 calendar days. Products to be delivered by an external distributor are first ordered only upon receipt of payment.
For purchases on account (2.5% surcharge on the value of the order), customers are obliged to settle the invoiced amount within 20 calendar days from receipt of delivery without any (discount) deduction. In case of a partial return of the delivered products, the invoiced amount may be reduced accordingly.
9.2 Delay of payment
If customers fail to meet their payment obligations in whole or in part, all outstanding amounts owed to AKI Group for any purchases are due immediately (within 8 calendar days of the first advance payment reminder). AKI Group may request immediate payment and suspend further product deliveries to the customer.
9.3 Reservation of ownership
All ordered products remain the property of AKI Group until payment is received in full. AKI Group has the right to register in the register of ownership reservations. Without the express consent of AKI Group, no pledging, transfer of security, processing or modification is permitted prior to the transfer of ownership.
10 Changing or canceling an order
Placing an order obligates the customer to accept the products and services. AKI Group may, at its sole discretion, accept subsequent changes or cancellation of the order by the customer and charge an inconvenience fee in the amount of 20% of the value of the canceled order, but not less, as well as any loss of value of the products ordered.
In case of (partial) impossibility of delivery (a condition that leads to termination) after setting up or concluding the contract in accordance with point 3, the customer is immediately informed by e-mail. If the customer has already made a payment, the amount is returned. If payment is not made, the customer is released from the obligation to pay the due amount. Further claims for delivery delay or delivery failure are excluded.
11 Return of products without defects
There is no general right to return ordered products. AKI Group gives the right to return ordered products within a maximum of 14 calendar days after receipt.
In such a case, the shipping costs for returning the product are at the expense and risk of the buyer. Products must be sent by registered mail to the address specified in "contact" at the AKI Group warehouse address. Products, together with all accessories, must be properly packaged and returned in the original packaging. Damaged products cannot be returned or will be invoiced to the customer in full.
When a data carrier or a product containing data storage is returned to AKI Group, a complete loss of data must be expected. It is the customers responsibility to ensure adequate data backup and protection of their data. AKI Group assumes no responsibility for potential data loss.
If customers exercise their right to return in accordance with the return conditions stated above, AKI Group will refund the total purchase price with the exception of the minimum surcharge paid.
12 Repairs outside the warranty
All repair costs incurred outside the warranty in accordance with point 7 will be borne by the customer. AKI Group reserves the right to issue an invoice to the client for inspection of the reported defect, as well as for shipping costs for all devices that do not show detected defects or defects that are not covered by the warranty in accordance with point 7.
13 Further provisions
13.1 Refunds that cannot be granted
Returns that cannot be assigned or returned to the customer are retained for 6 months before being removed.
13.2 Warranty for unpaid or undelivered goods
If the customer does not collect the goods related to our warranty service (in accordance with point 7) from our warehouse within 6 months after receipt of payment, AKI Group has the right to use and dispose of the item separately.
13.3 Protection of data privacy
The privacy policy is an integral part of these terms.
By accepting these conditions, customers also agree to the joint privacy statements of the Republic of Croatia.
13.4 Partial Invalidity
If individual terms of these terms and conditions are invalid or invalid, this will not affect the validity of the other provisions of these terms and conditions.
13.5 Place of jurisdiction and applicable law
All legal relations between AKI Group and their customers are subject to substantive Croatian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.6 Copyright Notice
All rights to these OTUs, especially copyright, are reserved by AKI Group. Any reproduction, distribution or other use is prohibited, except with the written permission of AKI Group.
In case of violation of this requirement, AKI Group reserves the right to take legal action.
January 2017
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