GENERAL TERMS AND CONDITIONS OF USING PAGES AND THE INTERNET TRADE SERVICE
Please read these General Terms and Conditions of using Pages and the Internet Trade Service (hereinafter: “General Terms and Conditions’’) carefully before beginning the use of old.circuitmess.com web page or any of its subdomains (such as community.makerbuino.com, hereinafter: “Pages’’) and/or services (provider of the service is the company CircuitMess d.o.o. with registered seat in the Republic of Croatia, Karlovac, Maksimilijana Vrhovca 11, OIB: 50943449035, (“CircuitMess’’ or the ‘’Service Provider”)). Should you have any questions or uncertainties regarding conditions of use, please contact us at the e-mail address: [email protected]
Acceptance of General Terms and Conditions
1. By accessing or using these Pages or any part of the content or services thereof, you accept these General Terms and Conditions as well as any other rules and conditions of using the relating Pages and services provided through them. In case you do not agree with the above-mentioned, please stop using and do not use any further Pages and services provided through them.
2. In these General Terms and Conditions the terms written in bold letters shall have the following meaning:
Pages mean the old.circuitmess.com web page and all of its subdomains such as: community.makerbuino.com, etc.
User means every person, legal or natural, who is accessing Pages and who is, pursuant to the given user name and password, authorized to purchase products on Pages. Parents are liable for actions performed on our Pages by the children in accordance with the positive regulations of the Republic of Croatia. A child is every natural person under 18 years, pursuant to the positive regulations of the Republic of Croatia.
Internet Trade Service is a service that allows the Users to purchase products and services via Pages owned by the Service Provider. Internet Trade Service is available exclusively to registered, adult Users with the capacity to exercise rights, what they confirm by entering their own personal data.
Service Provider is the company CircuitMess d.o.o. with registered seat in the Republic of Croatia, Karlovac, Maksimilijana Vrhovca 11, OIB: 509434490359, which is engaged in activities from the fields of science, technology, engineering and mathematics and the products of which are mainly intended for youth as learning tools for electronics and programming.
Changes to General Terms and Conditions and Pages
3. CircuitMess reserves the right to make amendments or addendums to these General Terms and Conditions at any time and such amendments and addendums enter into force on the day of their publication on Pages. Continuation of access to Pages or continuation of the use of any part of their content or services shall be considered as your acceptance of and consent to such amended General Terms and Conditions. CircuitMess recommends you to check these General Terms and Conditions periodically in order to be acquainted with possible changes thereto.
4. CircuitMess reserves the right to amend, supplement or abolish at any time and without prior announcement any part of its business operations, which includes Pages, i.e. any part thereof, services, subpages or services provided through them. The mentioned right includes, but is not limited to the change of availability time, content, availability of new data, manners of transmission as well as the right to access or use Pages.
5. It is your duty and obligation to use Pages in accordance with positive regulations and general moral and ethical principles. CircuitMess is entitled to perform control over the content of Pages at any time in order to ensure compliance with these General Terms and Conditions and positive regulations.
Registration of Users
6. In order to use certain content and services on these Pages, you have to log in into the system with the e-mail address, password and other data you will have to indicate in the registration process.
7. In the registration process and upon filling out the personal profile you undertake to indicate accurate, complete and valid data.
8. In the registration process it is not allowed to use names, nicknames or titles which are owned by third parties, unlawful, harmful, threatening, abusive, disturbing, defamatory, or in any manner harmful to children and minors. It is not allowed to use names of public figures. In the case of breach of these rules, CircuitMess is entitled to deactivate or delete your user account.
9. You are not allowed to indicate names of companies, brands or web pages in addition to your name and surname.
10. CircuitMess reserves the right to decline registration, as well as to cancel or deny the possibility of further use of the user account for which the User is registered in the case when he/she is violating these General Terms and Conditions or slowing down or hindering the operation of Pages. CircuitMess reserves the right to undertake adequate measures against such Users.
11. We will collect certain personal data from you in the registration process, which is subject to General Terms and Conditions of Personal Data Protection.
Use and Interaction of Users
12. By activating the user account you accept liability for all activities performed by its use on Pages.
13. You are obliged to look after your user’s password and change it from time to time. CircuitMess is not liable for cases of abuse of user’s password but it will act immediately after you report the abuse in order to protect your rights. You can report the abuse via electronic mail to the address: [email protected]
14. Every User is personally liable for his/her interaction and communication with other users of Pages and accepts that such interaction and communication does not have a confidential content and, in accordance with that, CircuitMess is entitled but not obligated to monitor communication conducted via Pages between the users.
15. You undertake not to use Pages i.e. their content and services in order to:
a) represent yourself for purposes of your promotion;
b) damage, intimidate or threaten third parties, i.e. to spread hate speech;
c) encourage, favour encouragement or spread hate or discrimination based on race or ethnicity or skin colour, sex, language, religion, political or other conviction, national or social origin, financial status, trade union membership, education, social status, marital or family status, age, health condition, disability, genetic inheritance, gender identity, expression or sexual orientation, and anti Semitism and xenophobia, ideas of fascism, nationalism, communist and other totalitarian regimes:
d) publish, transfer and/or exchange content contrary to positive regulations, moreover the insulting, vulgar, racist, chauvinistic, pornographic content which represents the hate speech or is improper in any other manner;
e) harass, jeopardize, insult, threaten, deceive third parties or in any other manner jeopardize their rights;
f) publish, transfer and/or exchange information which you know or should have known to be false and publishing of which might damage other Users and/or Pages;
g) publish any unlawful or unauthorized activity;
h) transfer or distribute any unlawful content;
i) publish, transfer and/or exchange third parties personal data;
j) publish, transfer and/or exchange content containing viruses or other malicious software or other programs designed for the purpose of destruction or limitation of the operation of any computer software and/or hardware and telecommunication equipment;
k) advertise or ask any other User to purchase or sell any product and/or service, use information obtained from the content of Pages in order to contact other users for purposes of advertising, promotion or selling products without his/her authorization and publish, transfer and/or exchange unwanted contents to users without their consent or request;
l) perform any pyramid schemes, chain letters, junk mail, spam or any other form of multiple sending of commercial or other content; publish, transfer and/or exchange a content protected by copyright or other intellectual property rights of third parties;
m) publish, transfer and/or exchange a content protected by copyright or other intellectual property rights of third parties; suggest your connection with Pages;
n) suggest your connection with Pages;
o) violate any positive regulation.
16. You undertake to abide by the warning and instructions of administrators and/or moderators of Pages.
17. Administrators and moderators of Pages are in no case liable for data published by the users. They have a right to delete, change, dislocate or erase any content of Pages at their own discretion and without prior announcement.
18. All potential disputes arising from mutual relations of the users (for the authenticity of data on User, contest content etc.) are resolved exclusively between the users. CircuitMess is not liable for any damage occurring as a result of such relations.
Content and Services
19. Pages allow you to use different contents and functions. Contents are created by CircuitMess, our associates, and partners, but also by you, the users.
20. Publication of your contents on Pages does not mean they represent attitudes, opinions i.e. recommendations of CircuitMess or that we agree with them or support them in any manner.
21. CircuitMess is not liable for content published by the users, but users who published such content are primarily liable for it.
22. CircuitMess is not liable for content of partners or third parties.
23. Pages also contain documents, data, information as well as links to other web pages created by third parties which will, to the extent necessary and possible, be designated as such. CircuitMess has no control whatsoever over mentioned documents, data, information or other web pages and hereby entirely waives every liability including but not limited to accuracy, integrity, and availability of content on web pages created by third parties. CircuitMess waives every liability for any content displayed on such pages of third parties, as well as for any potential products or services acquired through such third pages. It shall not be considered that such third parties are associated with CircuitMess in any way simply because of an existence of the connection with a web page.
24. CircuitMess is not liable to the greatest extent possible pursuant to positive regulations for any damage which might be caused by you or other Users in relation to the use of or relying on any content published on Pages.
25. All publications, messages, texts, demonstrations, photographs, video records and other materials (hereinafter: the content) published on Pages, transferred via Pages or linked from Pages are the sole liability of a person from who such content comes from. CircuitMess gives no warranties regarding accuracy, integrity or authenticity of such content.
26. In case of any claims of third parties towards CircuitMess on the grounds of indemnification of damage, or on any grounds in relation to the content you delivered, you undertake to assume the entire liability for such damage and to undertake all actions in order to remove such liability from CircuitMess and to reimburse all damages incurred pursuant to such claims of third parties to CircuitMess.
27. CircuitMess reserves the right to change, temporarily suspend, delay and stop exhibition or provision of any contents and services at any time and for any reason. CircuitMess also has a right to limit the access to certain services, contents and parts thereof without prior announcement.
28. All contents, documents, data and information published on Pages, including all contents given by Users, are protected by copyright and other intellectual property rights and cannot be published, reproduced, distributed or in any manner used without expressed prior written approval of the holder of a certain right and CircuitMess .
29. The user in particularly does not have a right to download, copy, alter, edit, distribute, display, delete, send, sell, resell, adjust, change the content, create derivatives, include on other web pages or media or use in any manner except for private purposes for home use.
30. The editorial content of Pages is the property of CircuitMess.
31. By using these Pages you are given a limited, non-exclusive, non-transferable and revocable license to use the content of Pages in a manner to view them for personal purposes and with respecting the following conditions:
a) User uses contents and services at his/her own risk;
b) User can use contents and services only with respecting the copyrights and other intellectual property rights of its holders and CircuitMess;
c) User cannot make any modifications to contents and services without express prior written consent of CircuitMess;
d) On all contents and materials used, when the nature of things allows, there must be visible notes on copyright, trade mark, brand, logo.
32. In order to avoid any doubt, CircuitMess expressly reserves and does not confer to User any other rights in relation to the content of Pages and prohibits the use of Pages except as determined in these General Terms and Conditions and as potentially allowed by instructions on the very Pages.
33. By publication of your content (contest, profile, comments etc.) on Pages, you give CircuitMess the right to use such content unlimited in time and territory and without obligation to pay any compensation. CircuitMess has a right to publish, reproduce, distribute, modify, adjust, translate and use such content in any other manner. This does not refer to your personal data.
Warranties of Users
34. Upon publication or upload of your content on Pages, you give CircuitMess the following warranties in respect of such content:
a) that you are the author of the concerning content i.e. you are authorized by the author or another holder of the copyright or another intellectual property right to publish such content;
b) that the content is in accordance with all positive regulations;
c) that the publication of contents protected by copyright or other intellectual property right in any form will not violate rights of third parties in any manner, including especially copyright and other intellectual property rights, reputation, honor and dignity, the right to privacy and other rights of third parties;
d) that using these contents on Pages will not cause damage, pecuniary or non-pecuniary to CircuitMess, other Users or third parties;
e) that contents are, to your best knowledge, complete, authentic and accurate.
35. Hereby you agree to assume all potential claims for indemnification of damage which will be set up against CircuitMess due to your breach of these General Terms and Conditions including above-mentioned warranties and to reimburse all damages and costs incurred due to the breach of the aforementioned to CircuitMess and other damaged users and third parties.
36. CircuitMess is not liable for any damage which might occur due to interruption of availability, non-publication, cessation of exhibition or provision of any contents and services, i.e. deletion of content or error in the functioning of Pages.
37. You use Pages at your own risk. CircuitMess, as well as no third party associated with it, does not warrant in any manner that the use of Pages will not be interrupted or that there will be no difficulties in their operation. You accept that the access to these Pages may sometimes be interrupted, temporarily unavailable or turned off due to routine page maintenance and for other reasons CircuitMess is not liable for.
38. You are acquainted and agree with the fact that when using the Internet technical problems might sometimes occur with its functioning and by that the temporary interruption of services. Such and similar events are beyond our control and for that reason, CircuitMess cannot be liable for any loss of data or any other event which might occur while using and providing services. CircuitMess shall in no case be liable for any damages which might occur as the result of using or inability to use these Pages.
Using the Internet Trade Service
39. The ordering of products is conducted by electronic means. By click on the icon button “Add to Cart”, the selected product is stored in the User’s bag. For continuation of the process, it is necessary to select “Checkout” at “Your cart” page where all selected products are found. It is considered the product is ordered at the moment the User completes the entire ordering process. The User will receive the message by which the Service Provider will confirm the order is received on the registered electronic mail address.
40. If Service Provider is not able to deliver some of the ordered products, it will contact the User and inform him/her of that. The User will be offered a choice to cancel the order and receive the return of the paid amount or to replace the product with another product, as he/she chooses.
Products and Services Prices
41. Product prices are stipulated in Croatian Kuna (HRK) and payable in counter value of domicile currency of the User. Users can view the amount of product price converted in American Dollars (USD) and Euros (EUR) on the page. Payment is conducted in the currency of User’s country, in the amount representing the equivalent of the amount stipulated in HRK.
42. Prices of products include taxes and delivery cost. The total amount of price the User has to pay for the ordered product (including delivery and taxes) is visible at the end of the process of placing orders.
43. Product prices are subject to changes until the moment of placing the order of which change the Service Provider will inform the User in clear and understandable manner.
44. Upon selection of certain product, the User can get additional information on all additional details via the contact address of Service Provider electronic mail.
45. The user can pay the ordered products in the following manners, whereat the payment method is selected at the moment it will be requested on Pages:
– via PayPal
– via credit or debit cards of credit cards companies with whom the Service Provider collaborates.
46. In case of PayPal payment, the payment is performed upon placing the order.
47. In case of credit or debit cards payment, the payment is performed upon placing the order.
48. You can learn more about payment methods in the General Terms and Conditions of Payment via Internet.
49. The sale and purchase agreement is in any way concluded in the moment of receiving payment for the ordered product.]
50. Delivery cost is displayed and calculated upon checkout
51. Price of delivery is visible to the Users in the procedure of placing orders.
52. The term of delivery is 20 days from ordering the product. CircuitMess will send an email to the User notifying him/her about sending the product.
Reservation of Products
53. Product placed in the cart by the User is not reserved. The product is reserved only after confirmation of payment by the User.
54. It is possible that during the period between placing the product in the bag and confirmation of payment the ordered product is no longer available, of which the User will be informed.
Right of Withdrawal from the Agreement and Return of the Purchased Product by the User-consumer in accordance with the Consumers Protection Act
55. User-consumer has a right to withdraw from a distance or off-premises agreement in a period of 30 days without giving any reason.
56. In the case of sale and purchase agreement, the period from the previous paragraph shall begin on the day on which the User-consumer or a third party other than the carrier and indicated by the User – consumer acquired physical possession of the product which is the object of the agreement.
57. User-consumer is obliged before expiration of the period for withdrawal from the agreement to notify the Service Provider of his/her decision to withdraw from the agreement through the form for the withdrawal from the agreement which can be found on Pages of the Internet Trade or through any other unequivocal statement setting out his decision to withdraw from the agreement (electronic or regular mail).
58. The Service Provider shall deliver to the User – consumer the acknowledgment of receipt of the withdrawal statement on a durable medium, without a delay.
59. If the User-consumer exercises his/her right of withdrawal from the agreement, the Service Provider shall reimburse all payments received from the User-consumer on the basis of the agreement, without a delay and not later than 30 days from the day on which he is informed of the User-consumer’s decision to withdraw from the agreement, pursuant to the abovementioned provisions of this Article.
60. As an exception to the abovementioned, the Service Provider is not obliged to reimburse supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Service Provider.
61. Unless the Service Provider has offered to collect the goods himself, with regard to sale and purchase agreement, the Service Provider may withhold the reimbursement until he has received the product back, or until the User-consumer has supplied evidence of having sent back the product if this would precede the receipt of the product.
62. The Service Provider shall carry out the reimbursement of paid amounts on the basis of the agreement using the same methods of payment the User-consumer used for the initial transaction unless the User-consumer has expressly agreed otherwise and provided that the User-consumer does not have to pay any additional costs as a result of such reimbursement.
63. Unless the Service Provider has offered to collect the product the User-consumer returns himself, the User-consumer must return the product without a delay and not later than 30 days from the day on which he has communicated his decision to withdraw from the agreement to the Service Provider in accordance with provisions of this Article.
64. It is considered the User-consumer has fulfilled his obligation to return the product in due time if, before the expiration of 30 days period from the day on which he has communicated his decision to withdraw from the agreement to the Service Provider pursuant to the provisions of this Article, he sends back the product or hands it over to the Service Provider i.e. to a person authorised by the Service Provider to receive the product.
65. The User-consumer shall only bear the direct cost of returning the product.
66. In the case of off-premises contracts where the products have been delivered to the User-consumer’s home at the time of the conclusion of the agreement, the Service Provider shall at his own expense collect the product if, by their nature, those products cannot normally be returned by post.
67. The User-consumer shall be liable for any diminished value of the product resulting from the handling of the product other than what is necessary to establish the nature, characteristics, and functioning of the product.
68. The right to withdrawal from the agreement is excluded in cases stipulated by the Article 79 of the Consumers Protection Act. Entire information regarding the right of consumers to withdraw from the Agreement can be found on the link Consumers Protection Act.
69. Return of delivered product shall be performed to the address of the Service Provider stipulated on the web pages of the trade.
70. Products or groups of products the User-consumer returns have to be complete in the original and undamaged package with all pertaining undamaged parts, appurtenances, and documents.
71. In case there has been mistake upon packaging of ordered products and the User-consumer has not received the ordered product, but another product, he/she is obliged to inform of this the Service Provider. In this case, the User-consumer will return the wrongly delivered product at the expense of the Service Provider, and the Service Provider will deliver the ordered product within 20 days or reimburse the paid amount within 20days from the day of the return of wrongly delivered product (pursuant to the request of the User).
72. In case the User has not received ordered and paid product, he/she is obliged to report this via contacts published on the Pages within 20 calendar days from the day of anticipated receipt of the ordered product. The Service Provider is obliged to inform the User about the further sequence of complaint resolution.
73. Return of delivered product shall be performed to the address of the Service Provider stipulated on the web pages of the trade.
74. Products or groups of products the User-consumer returns have to be complete in the original and undamaged package with all pertaining undamaged parts, appurtenances, and documents.
75. The user is able to submit complaints by the post office to the address CircuitMessd.o.o., Maksmilijana Vrhovca 11, Karlovac, 47000, Croatia, or electronic mail [email protected] to which complaint Service Provider is obliged to answer within 15 days as of the day of receiving the complaint.
Liability of Service Provider
76. Service Provider is liable for material defects of products in accordance with the Croatian Obligations Act.
77. The relation between you and CircuitMess is governed by positive regulations of the Republic of Croatia. In case of a dispute, the competent court shall be the competent court in Zagreb, Republic of Croatia.