On this page you can get acquainted with the general terms and conditions of business relating to our contractual relationship and find other facts of relevance for informing for doing business between us.
Your Marija Tarlać
Online shop of the company THE FIRMA 0.2 D.O.O. BEOGRAD-STARI GRAD with its registered office at the address: Čubrina 1, Belgrade, registration no. 21655821, tax identification no. 112348594, activity and activity code: 1413 manufacture of other outerwear, email address: [email protected], website: https://marijatarlac.com/ (hereinafter: „Us“ or „Shop“) on 15 April 2021. year, adopted the following:
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of our online shop are made in accordance with the Consumer Protection Act (“Official Gazette of RS”, No. 62/2014, 6/2016 – other law and 44/2018 – other law), the Trade Act (“Official Gazette of RS”, No. 52/2019), the Electronic Commerce Act (“Official Gazette of RS”, No. 41/2009, 95/2013 and 52/2019) and out best intention to achieve cooperation with you to our mutual satisfaction.
These General Terms and Conditions of our online shop (hereinafter: the “General Terms“) uniformly determine the conditions under which We provide online sales of goods and determines the procedure for exercising mutual rights and obligations of us, as the seller and of you, as the user (hereinafter: “User“).
General Terms are binding both for us, and for you, as Users of the Shop and apply to all our mutual contractual relations, unless it is provided otherwise by a separate agreement.
The General Terms are an integral part of the Sale of Goods Agreement concluded between us, as the seller and you, as the User.
Every interested domestic or foreign, individual or legal person having required legal capacity or an entrepreneur can become our User by accessing our website, under the conditions and in the manner set in these General Conditions. With each individual access to our web address, i.e. during each of your individual purchase, the User confirms that he/she is familiar with the provisions of these General Terms and fully agrees with them. These General Terms are applicable to each individual purchase of goods made by each individual User.
The User, before his purchase, does not have to become a registered user, in order to accomplish the purchase of goods in our Shop.
At our website i.e. our Shop, We offer to the Users clothing, unique leather footwear and cosmetics from Augustinus Bader, whose distributor We are. Also, we offer you the possibility of choosing yourself the color of the clothing or footwear, that is available in our Shop, in a way in which you can choose from us the best for yourself (hereinafter: „Goods“).
At all times, the User independently and freely decides whether to purchase the Goods. The User may find the basic features and characteristics of the Goods next to each specific item offered on our website i.e. web address. The cosmetics of the manufacturer Augustinus Bader, whose distributor We are and which can be found at our website, is from the aspect of safety in accordance with the regulations of the Republic of Serbia.
Ordering goods and concluding a purchase of goods agreement
Before making the decision on buying the clothes or footwear, you are obliged to use the Size Guide to estimate in which size you would like to purchase clothes or footwear, because styles, cuts and sizes differ from each individual item of clothing or shoe mold. After that, you may make a purchase decision, when it is necessary to place an order first. Also, before you make a decision on the purchase of the cosmetics by Augustinus Bader, whose distributor We are, you are obliged to read the declaration beforehand.
To place an order, you need to follow the online purchase process and click on „Approve payment“. Right after that (within 24h from the moment the order is placed) you will receive an email confirming that we have received your order („Order Confirmation“). In this regard, when you receive the Order Confirmation, confirming that we received your order and within 24h from receiving the Order confirmation, we will notify you by e-mail if the order has been accepted and whether it will be shipped to the address you marked for receiving the order („Shipping Confirmation“). On that occasion, you will be informed whether the specific article or product is in stock or not, and depending on that, you will know which delivery time of the Goods is to be applied in the specific case. By confirming shipping we confirm our ability to deliver the selected Goods to you (clothing or footwear or cosmetics) in the selected color and size (clothing and footwear) and thus conclude the Purchase of Goods Agreement. Along with the Shipping Confirmation we will enclose an electronic confirmation with information about your order, so that you can have the specifications of your order at all times.
The Purchase of Goods Agreement will be concluded only when We send you the email with the Shipping Confirmation. The Purchase of Goods Agreement, besides your order, includes the Order Confirmation and the Shipping Confirmation as well as these General Terms. The Purchase of Goods Agreement applies exclusively to the Goods we confirmed in the Shipping Confirmation. The Purchase of Goods Agreement between us and the User can be concluded in Serbian and English language, always in writing. In this regard, we are not obliged to deliver any other Good that could have been a part of your order, until we confirm the shipping of that Good in a separate Shipping Confirmation.
These General Terms are available to you on our website and will be sent to you alongside the Shipping Confirmation.
Delivery of the Goods
Delivery time of the Goods will vary depending on the availability of the Goods in-stock. In case the Goods are available, we will deliver the Goods right after sending you the Order Confirmation. In case the Goods are out-of-stock, We will ship the Goods to the User within the 14 days from the date of receipt of the Shipping Confirmation by the User. We will not be liable for not delivering the Goods in timely manner due to failure of the User to submit the previously requested instructions for the manufacture of the Goods or personal data necessary for the realization of the Purchase of Goods Agreement.
We perform delivery services of Goods to the User using the courier service of the Post of Serbia, for the territory of the Republic of Serbia, or by using international courier services (Post of Serbia), in case of international delivery.
The Goods will be delivered on the territory of the Republic of Serbia within 14 days from the day of shipping the Goods (confirmed in the Shipping Confirmation), or within 14 working days from the day of shipping the Goods (confirmed in the Shipping Confirmation) if the Goods are being delivered internationally.
We will not be considered liable if the delivery of the Goods is prevented by circumstances that are beyond our control such as closing of borders, strike at shipping companies, pandemic, etc.
Shipping costs on the territory of the Republic of Serbia will always be covered by Us. However, if the Goods are being delivered internationally, shipping costs of the Goods are in the amount of EUR 30,00 (in dinar equivalent according to the current selling rate of the specific currency applied by the National Bank of Serbia on the day of payment) which are covered by you. The shipping costs of the Goods will be charged at the same time as the Goods when paying with a payment card. In any case, the User will be informed about additional costs that fall on his account before clicking on the “Choose your payment method” option.
Until the Goods come into possession of the User, We or the carrier assume the risk of accidental damage or loss of the Goods during the delivery of the Goods, while at the moment of receipt of the Goods by the User, the risk of accidental damage or loss shifts onto the User.
For the purpose of timely delivery of the Goods, we need you to provide us upon placement of the order of Goods i.e. sending the order with the following data: name and surname, sex, place and address of delivery/place and address of residence, mobile phone number/home number and e-mail address. For the purpose of delivery of the Goods to the User, we are obliged to share certain personal data you provided upon ordering the Goods with shipping companies that will deliver the Goods. Otherwise, we will be unable to deliver the Goods to you.
Impossibility of order delivery
If it is impossible to deliver the order (e.g. you were not found at the delivery address of the goods), we will try to find a safe place where we can leave the Goods. If we do not find a safe place, the order will be returned to our store.
We will also leave you a message with information about where your order is located and what you need to do in order for us to deliver it to you again. If you are not able to be at the place of delivery at the agreed time, please contact us by email so that we can arrange the delivery on another day. If after 30 days from the date when your order was available for delivery, the order was not delivered for reasons unrelated to us, we will assume that you want to terminate the Purchase of Goods Agreement and the Purchase of Goods Agreement will be deemed terminated at that moment. Due to the termination of the Agreement, we will refund all payments we have received from you, except for delivery costs borne by us (in the territory of the Republic of Serbia) or you (for international deliveries), without excessive delay, in any case within 14 days from the termination date of the Purchase of Goods Agreement. On the other hand, in case of re-delivery, the costs of new delivery will be borne exclusively by you (whether the delivery is on the territory of the Republic of Serbia or international), in accordance with the tariffs of the Post of Serbia.
The price and the payment
The selling price is the final price per unit of goods, including the corresponding VAT.
The selling price is expressed in dinars (RSD) and euros (EUR), while payment is made exclusively in dinars (RSD). In case the price is paid from abroad, , the amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Serbian dinar according to the current exchange rate of the Serbian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
We reserve the right to change the prices and the other commercial terms and conditions, about which We will duly notify Users on our website.
The User is obligated to pay for the purchased Goods in cash upon delivery (when taking over the Goods), or by using a payment card Visa, MasterCard, Maestro, American Express and DinaCard. Besides paying for the selling price, the User needs to pay for the costs of the transaction (bank commission), the amount of which is set by the bank, and possibly the delivery costs (if the delivery is international). If the delivery of Goods in on the territory of the Republic of Serbia, the User on its own initiative decides whether to pay for the Goods in cash on delivery or by using a payment card, while for the international deliveries the payment method is exclusively using a payment card.
When entering payment card data, confidential information is transmitted via public networks in a protected (encrypted) form using SSL protocols and PKI systems, as currently the most modern cryptographic technology.
The security of the personal data while purchasing, is guaranteed by the payment card processor, Banca Intesa a.d. Beograd, so the complete charging process is done on the bank’s website. At no time is your payment card data available to us.
We won’t archive, in any electronic form, data related to the payment card with which the transaction is being realized, especially the payment card number, expiration date, CVC2 and CCV number, etc.
We will send you an electronic invoice to the email address that you left at the moment of placing an order.
The electronic invoice has the same legal effect as a hard copy invoice. In this regard, we are not obliged to provide you with an electronic invoice in hard copy. Exceptionally, at your specific request, we may submit an invoice in hard copy by the regular post, for which we may charge you with the cost of postal services.
We would not be responsible if the User does not receive timely an electronic invoice or an invoice in hard copy (due to computer network failure or failure of the post).
The user is obliged to immediately inform Us after the expiration of the usual deadline for receiving the electronic invoice or the invoice in hard copy about its absence and request the sending of a duplicate.
Right to withdraw
Conclusion of the Purchase of Goods Agreement via internet is deemed as conclusion of the distance agreement. Essential part of a distance agreement is the right to withdraw the agreement within 14 days of the purchase without cause. The 14-day deadline begins to run on the day the Goods are delivered to the User or the third party designated by the User (but not the carrier) and expires on the 14th day from the day of receipt of the Goods.
In order to fulfil your right to withdraw from the agreement, it is necessary that you provide us with an irrevocable statement on withdraw of the contract, which you will receive with the Shipping Confirmation, and send it to our e-mail address [email protected]. We are obliged to issue the confirmation letter about receiving the statement of withdraw.
If the payment was made using a payment card Visa, MasterCard, Maestro, American Express, DinaCard, the User is obliged to cite in the statement the evidence of successful payment. (TRANSACTION_ID, AUTH_CODE).
The User is obliged to return the Goods to us, no later than 14 days from the day of sending the statement of withdrawal. It will be considered that the Goods have been returned to us if the User sent it before the expiration of the 14-day period, which period is calculated from the day of sending the statement of withdrawal.
The costs of returning the Goods shall be borne by the User who has withdrawn from the concluded agreement. The User is obliged to send the Goods back to us via the courier service that delivered the Goods to the User (Post of Serbia). The returned goods must be unused, undamaged and in the original packaging, a tag must be attached to the Goods (in the same way as it was attached when the Goods were delivered) and also an electronic invoice must be attached. Otherwise, you have no right to withdraw from the contract.
We are obliged to make a refund to the User for the returned Goods, within 14 days from the date of receiving the withdrawal statement, in the same way as the payment was made. Beside refund of the paid price, we are obliged to refund the delivery expenses (if any), no later than 14 days from the date of receiving the statement of withdraw. We may defer a refund until we receive the Goods or provide us with proof that you have sent the Goods to us (whichever comes first).
Exception from the right to withdrawal from the Purchase of Goods Agreement
The User has no right to withdraw from the concluded agreement in case of ordering products tailor – made according to the instructions and requirements of the User (including the requirement in which the existing model of clothing and / or footwear is made in another color or size). In that case, it is considered that the Goods are produced according to the special requirements of the User, as a result, the User loses the right to withdraw from the Purchase of Goods Agreement.
Additionally, the User is not entitled to withdraw from the concluded contract in the case of ordering Goods – a cosmetic products manufactured by Augustinus Bader, which delivery was sealed and the User unsealed it after receiving. In this case, the delivered goods cannot be returned due to health protection or hygienic reasons because they were unsealed after delivery.
If the size of the goods i.e. the size of the footwear is not adequate, the User is entitled to exchange the purchased Goods for a different size within 5 (five) days from the day of receiving the goods.
In this regard, if you are not satisfied with the size of the purchased goods or the size of the purchased footwear, We kindly ask that you send us an email immediately, and no later than 5 (five) days from the day of receiving the goods, stating the need for a different size. Right after receiving your email, We will send a reply in which we will inform you whether we have the required size in stock or not.
If We respond saying we have the required size in stock, you are obliged to immediately send the Goods you want to exchange to the registered office address. The return of the Goods expenses are borne by you, while the shipping of the new size of the Goods expenses are borne by Us. You are obliged to send the Goods back to us via the courier service that delivered the Goods to you (Post of Serbia). The returned Goods must be unused, undamaged and in the original packaging, a tag must be attached to the Goods (in the same way as it was attached when the Goods were delivered) and an electronic invoice must be attached. Otherwise, you are not entitled to exchange the size. We will send you a new size of the Goods immediately upon receiving the returned Goods.
On the other hand, if We respond saying that the requested size is not in stock, then you may exercise your right to withdraw from the Agreement. In that case, you will receive the paid Price back, all as described in the section titled: Right to withdraw.
Conformity of goods
Delivered goods are presumed to be in conformity with the contract:
1) if it corresponds to the description we have given and if it has the characteristics of the Goods that we have shown to the User as a sample or a model;
2) If it has characteristics suitable for the particular purpose for which User is ordering it, and which has been known to us, or must have been known to us at the time of the conclusion of the contract;
3) If it is suitable for the purposes for which goods of the same kind are regularly used;
4) If the quality and functioning correspond to what is usual for goods of the same type and what the User can reasonably expect considering the nature of the goods and public promises about the special characteristics of the goods given by us.
If the delivered Goods do not comply with the contract, the User who notifies us about the non-conformity (by filling out a complaint form and sending a photo of the Goods), has the right to request from us to eliminate the lack of conformity, free of charge, or to request a price reduction or termination of contract regarding that Goods.
The User cannot terminate the contract if the non-conformity of the goods is insignificant.
Exercise of rights due to non-conformity of goods
The User may send his complaint to us with a detailed explanation of what this non-conformity consists of, together with a photograph of the non-conform Goods (hereinafter: „Complaint“), within 8 days of receiving the Goods or no later than 2 years from the day of receiving the Goods.
Complaint is submitted by filling out a complaint form and sending photos of non-comforted goods, which must be sent in e-mail form to the e-mail address: [email protected]. We will send you a complaint form together with the Shipping Confirmation.
If the payment was made using a payment card Visa, MasterCard, Maestro, American Express, DinaCard, the User is obliged to cite in the statement the evidence of successful payment. (TRANSACTION_ID, AUTH_CODE).
We are obliged to confirm the User’s compliant submission in 48 hours of receiving the Complaint.
We are obliged to respond to the User in writing or electronically without delay, and no later than eight days from the day of receiving the Complaint. The response to the Complaint must contain a decision on whether we accept the Complaint, a statement on the User’s request and a specific proposal and deadline for resolving the Complaint, which may not be longer than 8 days.
We will not accept Complaints that are unclear, incomplete and submitted late or delivered photo of non-conformed Goods has not showing the reason for the complaint, as well as Complaints not submitted by the User or a person authorized to represent the User.
In the case of accepted Complaint, the User is obliged to send the Goods immediately back to us via the courier service that delivered the Goods to the User (Post of Serbia) at our expense.
If the User returns the Goods delivered to him/her, he/she is obliged to return it packed in the same way it was packed when he received the Goods. In the case that the package in which the Goods were sent is damaged, or if the Goods are additionally damaged during transport, the User or the courier is obliged to compensate the damage to us.
Users have the right to purchase special types of vouchers, in the form of Gift Cards, which can be exchanged for Goods, after ordering a Gift Card we will send it to the e-mail address provided by the User. The Gift Card can also be sent by post to the address of residence, if that is requested by the User.
The User is free to decide on the amount he/she wants to pay on the Gift Card, where the minimum amount that the User can pay on the Gift Card is RSD 11,720.00, or EUR 100. The paid amount can only be in round numbers without decimals.
The Gift Card is valid for 12 months from the date of its purchase, and if it is not used within the specified period, the Gift Card will be considered expired, without the possibility of refund.
The Gift Card can be exchanged for any Goods presented within the Shop, Goods should be available at the time of realization of the Gift Card, by providing information about the User of Gift Card, the Goods for which the User wants to replace the Gift Card and by submitting a Gift Card in electronic form to the email address: [email protected]
In any case, the Gift Card cannot be exchanged for money.
Please note that any further reproduction or use of the Goods for commercial purposes, without our explicit consent, is expressly forbidden. Any act in a different way will be considered as a breach of contract and we will be entitled to compensation for the damage caused.
Additionally, please note that the brand mark is protected by intellectual property law at the Intellectual Property Office of the Republic of Serbia.
Any dispute between us and the User can be resolved out of court (mediation or arbitration).
Initiation and litigation of out-of-court settlements does not exclude or affect on the exercise of the User’s right to Court protection.
Personal data protection
Personal data is any data relating to a natural person whose identity is determined or identifiable, directly or indirectly, particularly on the basis of an identity mark, such as name and identification number, location data, identifiers in electronic communications networks or one or more features of his physical, physiological, genetic, mental, economic, cultural and social identity.
Processing personal data is any action or set of actions that is performed automatically or non-automatically with personal data or their sets, such as collecting, sorting, grouping, i.e., structuring, storing, comparing or changing, discovering, inspecting, use, disclosure by transmission or delivery, multiplication, spreading or in any other way making available, comparing, restricting, deleting or destroying (hereinafter: “Processing”).
We oblige ourselves to provide you with the use of our website, within our technical capabilities, and we reserve the right, without a special notice, to suspend the provision of service partially or in full due to work on the system or other maintenance needs, until there is a justified need.
The User is individually responsible for his actions when using our website, as well as for the content of his communication with third parties and the content that he makes available to the public through our website.
We have no responsibility for damage suffered by a User or a third party as a result of:
- difficult transmission or occasional interruptions in the provision of services, which are caused by interference, atmospheric conditions, physical obstacles and by other general reasons that can cause variability to which technology wired or wireless can be affected;
- overloads, delays or errors in functioning on which we can’t have an objective influence;
- unauthorized use of services by the user;
- performing all types of financial and other business transactions by the user;
- temporary or permanent suspension of the provision of Internet services prescribed by the provisions of these General Terms or by Law;
- use of non-standard equipment by the User;
- relocation of the User to another location from which access to our website is not available;
- actions of vis major or other causes beyond our control;
- permanent stop of performing the activity of providing online shopping services.
Changes of the General Terms
We reserve the right to make changes and amendments to these General Terms. Regarding to this, we oblige ourselves to inform a User in an appropriate manner about changes of these General Terms, eight days before the changes take effect
Validity of General Terms
These General Terms should become effective on the eighth day from the day of publication and should apply from the day 15 April 2021 year.