Terms of business

Last update: 10.06.2021

This is the Website of the company

LABTEX d.o.o.

Slavonska Avenija 52/g, 10000 Zagreb

Croatia, European Union

PIN (OIB): 14047473247

Commercial court in the Zagreb MBS (Company No.): 02843137

Account opened in the Erste & Steiermarkische bank d.d. , IBAN No.HR0424020061100849852

Share capital: HRK 20,000.00, paid in full in cash

Legal representatives: Directors Mladen Beljo

Contact: info@labtex.hr +385 (0) 1 5616 702 or via the direct contact form on the Website.

Applicability

On this Website the company LABTEX d.o.o. ("LX") provides information society services to end users. The use of this Website by all end users is governed by these General Terms and Conditions and the Privacy and Cookies Policy ("Terms and Conditions").

These Terms and Conditions apply to every visit and every use of this Website and to all information, content and/or services that can be accessed on or through this Website ("Information").

The Terms and Conditions form an integral part of all contractual relationships entered into between end users and LX resulting from the use of this Website and the services provided on it by LX. End users agree to apply these Terms and Conditions whenever they use the services provided on this Website. Please carefully read these Terms and Conditions and the provisions contained therein and, if necessary, save a copy for your own use.

Please note that these Terms and Conditions may be amended over time. These amendments will take effect immediately upon publication of the amended Terms and Conditions. All amendments will be published on this Website with an indication of the date of the last amendments in the header, from which date the last updated version of the Terms and Conditions will be applicable. Users are advised to check the Terms and Conditions regularly for possible amendments. If you do not agree to the provisions of the Terms and Conditions, do not use this Website and the services provided on it. The use of the Website by users after notification of amendments will be considered as consent to the published amendments. LX hereby excludes its liability for any damage caused to users, registered users or third parties as a result of users' failure to become aware of such amendments.

Each of these provisions in the Terms and Conditions is considered an individual provision and, as such, has a separate effect. In the event that any provision or provisions of these Terms and Conditions is declared null and void, the nullity of the provision(s) will not affect other provisions of the Terms and Conditions, and the Terms and Conditions will remain in effect for the remainder.

These Terms and Conditions (as well as the entire content on the Website) are available only in the Croatian language and are governed by Croatian law. LX and users will try to resolve any ambiguities or disputes that may arise from the use of the Website or related to the use of the Website amicably and in a peaceful manner. In the event that such a resolution of the dispute cannot be reached, the dispute shall be resolved by courts in the Republic of Croatia. Special rules on how to resolve disputes apply to end users who are considered consumers, in accordance with Regulation (EU) no. 524/2013 of 21 May 2013 on the online resolution of consumer disputes in the EU, which establishes an ODR platform, which can be accessed via the .

Rights and obligations of users

End users are solely responsible for their use of the Website, as well as for protecting the confidentiality of passwords and other user data for accessing the Website. End users are solely responsible for providing the equipment they use to access the Website.

By accepting these Terms and Conditions, users declare that their actions and/or their use of the Website will not restrict or disable other users from using it, and that they will not act in a manner contrary to the positive regulations of the Republic of Croatia. This applies in particular to the use of the Website in a manner that would harm LX and/or constitute an infringement of the rights of third parties. If the user acts in this way, LX reserves the right to restrict or terminate access to the Website to the end user, and the end user undertakes to indemnify LX and its agents or affiliates. For the purpose of determining compliance with this obligation, LX may monitor the content on the Website and remove from the Website content that it deems to be contrary to the Terms and Conditions or positive regulations of the Republic of Croatia. However, LX is not responsible to end users for the behavior of other users on the Website or for the content that is posted on the Website in that manner. End users are aware of the possibility that content and/or services provided through this Website may become unavailable during its operation. Such unavailability may be caused by various events beyond the control of LX, as a result of which LX cannot be held liable for any damages, losses or harm incurred by end users as a result of such events. LX, as well as its agents or affiliates, shall not be held liable for damages that may arise to users and/or third parties as a result of using or as a result of not being able to use the Website. The Website may also contain third party content, which LX does not control, guarantee completeness, accuracy or truthfulness, nor is responsible for.

Intellectual property

This Website, as well as its contents, may be protected by corresponding intellectual property rights, such as, for example, copyright, trademark law (i.e. registered trademark), industrial design law and others. Use of content available on the Website, such as texts, photographs, images, drawings, logos, audio and/or video recordings, applications and any other computer programs, protected product names, etc. ("Materials") is permitted for personal non-commercial purposes only and only in the manner provided for in the nature, subject matter and purpose of this Website. Reproduction (i.e. duplication, copying, downloading, etc.), distribution (for example, sale, sharing, or exchange, rental, etc.), communication with the public (for example, by posting on other websites or social networks or otherwise), or processing (i.e. modification, adaptation, etc.) of the Material without prior written permission of LX is prohibited. Violation of this prohibition may result in infringement of intellectual property rights, which entails, among other things, liability for damage and/or for a misdemeanor or criminal offense.

Protection of personal data

LX processes the personal data of the end users of this Website, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and Privacy Policy and Cookie Policy. Please be sure to read these above Policies to familiarize yourself with the processing of your personal data in connection with the use of this Website, including in particular the provisions on cookies, as well as general information on the legal basis and purposes of processing personal data, categories of personal data that we process, their recipients, the terms of their storage, technical and organizational measures to protect personal data and the rights you have regarding the processing of your personal data.

Buying and ordering services for available products

These Terms and Conditions also regulate the procedure for concluding a contract between the end user and LX, for the buying and delivery of products available on the Website. Users are advised to carefully study this part of the Terms and Conditions before using the services of buying and ordering available products, and especially before concluding a contract with LX, because it contains important information for users. Stated below in detail are the various stages that follow in the process of buying and ordering available products, the content of the contractual relationship that will be concluded with the user, and other important information, all in accordance with the provisions of the Consumer Protection Act in respect of distance contracts. LX reminds users that the Terms and Conditions form an integral part of the contract to be concluded between them and LX, and that the Terms and Conditions are provided and the contract is concluded only in the Croatian language.

Product prices, availability, payment methods

The prices expressed in the part of the Website where the buying of products is enabled represent the final prices of available products. All prices are expressed in euros (EUR) and include value added tax (VAT). The buying and delivery of available products are made on the basis of prices expressed and calculated on the day of the order, regardless of the date of delivery.

The availability of products in the part of the Website where the buying of products is enabled depends on a number of factors. LX will make reasonable efforts to ensure the availability of all products, however, this will not be possible at all times. When ordering each individual products, all applicable availability restrictions will be indicated on the Website. The images of the product on the Website are illustrative only, and the product to be delivered does not have to correspond exactly to the image of the product at the time of ordering.

LX retains the possibility of applying special prices in relation to certain categories and/or quantities of products, certain categories of users or special prices that will be available to users in another way. In the case of special prices, due to restrictions on the availability of certain products, promotions or discounts, the part of the Website where the buying of products is allowed will indicate such special prices, which will be applicable during the special conditions of availability, promotions or discounts. In such cases, in addition to the special price, indicated to users will be the period of validity of the special price, as well as the original price, in order to enable a comparison.

Delivery

During the ordering process, the user is required to indicate the address to which the purchased products will be delivered, in accordance with the menu in the buying process. When the order is received by LX and prepared for delivery, users will received a notification to the provided email address.

LX ensures delivery in Croatia and abroad. For the delivery of packages within Croatia, LX uses the services of GLS. For the delivery of packages abroad, LX uses the services of GLS. Delivery prices are listed on the Website (link to the delivery page).

Purchased products are delivered to the user at the address specified in the buying process. The order can be accepted either directly by the user or by means of one of the members of his/her household, in which case the user is required to indicate this when ordering. Under circumstances of restrictions on movement due to health measures taken to prevent the spread of infection (as, for example, in the case of the COVID-19 pandemic), delivery will be made in accordance with these restrictive measures, without contact. In the event that the delivery cannot be made, the user will be notified of this separately.

The process of buying and selling available products on the Website

Once you have selected the desired product and the desired quantity, you can add it to your cart without any obligation by clicking on the "Add" button. You can always view the contents of the cart without any obligation by clicking on the cart, as well as change the number of products or remove them from the cart. To purchase the products you have added to the cart, click "Checkout". You will need to enter the requested information, select a payment method and confirm the information provided. You can cancel the ordering process at any time or complete it by clicking on the "Checkout" button. You can correct and/or change your information at any time during the ordering process before you send us your order, i.e. before clicking on the "Card Payment" button. Please review your order carefully before clicking on the "Card Payment" button, as it is not possible to change or correct the order after sending it to us.

Upon completion of the buying process on the Website, the user will receive without delay an automatically generated e-mail with order confirmation and invoice, sent to the provided email address. At that point, your order is finalized with the data you received in the automatically generated email, and an immediately binding sales contract was entered into between you and LX, with a limited duration until delivery of the ordered products. It is an automatic message that is generated upon completion of the buying process, containing all the data in accordance with the relevant regulations, especially user data, ordered items, prices and delivery information. In case you did not receive such an e-mail message after completing the buying process, make sure that you have entered the correct email address and that it is working properly (check whether your mailbox is full, whether the email message was automatically diverted into the spam folder, etc.). In the event that the email address was entered correctly and works properly, make sure you have completed the buying process. If necessary, after a certain amount of time, repeat the buying process.

How to use the Website: the registration option and buying with the "Visitor" status

Users are authorized to use the Website without registering. If such users decide to buy, they can shop by using the "Visitor" status and will have to enter only data necessary to complete the process of buying and delivering available products.

Users who wish to register on the Website may do so in the section of the Website marked "Registration". In the registration process, users will enter their data and receive a username that is the same as their email address, which they will be able to use for the purpose of future visits to the Website and future purchases. Registration is also possible during the buying process, for users who already entered their data in the "Visitor" status in order to complete the buying process. Users will have the option of registering automatically by checking the box provided in such a manner that the Website system remembers the data they entered during the buying process as their registration data.

Users, regardless of the method they used during registration, are authorized at any time to modify their user data accordingly. LX will provide users with the technical means to identify and correct errors during data entry in both the registration and buying process. However, users are required to check the accuracy of the entered data when entering their data for the purpose of registration, or for the purpose of buying on the Website. LX will consider the data entered as relevant and, based on the above, will fulfill its obligations under these Terms and Conditions.

When registering on the Website, LX will ask users whether they agree to receive notifications of special conditions of sale, promotions and discounts applicable on the Website, to the email address they provided. In the event that the user consents and until withdrawal of consent (to which users are authorized at any time), the email address will be used by LX to send commercial communications. All such emails received by the user will be clearly marked as commercial communications, with a clear indication that LX is the sender and of the ways in which the user can unsubscribe, in order to no longer receive such emails.

Complaints

The ordered items will be prepared for delivery in the suitable and usual manner, in order to minimize the risk of products being damaged during transport or delivery. The risk of accidental damage or loss transfers to the user upon receipt of the product. When accepting, the user is required to inspect the shipment, and immediately report any visible damage and/or defects, and, in the event of visible defects, to refuse to accept the damaged shipment/shipment with defects. In the event that the user, after receiving the ordered products, determines that he/she did not receive the appropriate order (some items are missing, are not in good condition, the wrong items were delivered, etc.), he/she must immediately notify LX at:info@labtex.hr , phone number +385 (0) 1 5616 702 or via the direct contact form . In order for LX to be able to process the customer's complaint as soon as possible, customers are asked to provide all of the information about the order and specific complaints regarding the order. LX will respond to the complaint within the statutory period of 15 days. Depending on the nature of the defect, LX will take appropriate steps to deliver the appropriate products to the user, or to rectify the defects. If this is not possible, LX will refund the user for the purchased products. In the case of material defects, the provisions of the Civil Obligations Act for liability for material defects shall apply to the relations between the user and LX.

In case of other inquiries, complaints or requests for clarification related to the Website and the services provided on it, please contact us at info@labtex.hr , phone number +385 (0) 1 5616 702 or via the direct contact form.

Right to unilateral termination of the contract

Users who are consumers in accordance with the provisions of the Consumer Protection Act have the right, without providing the reasons, to unilaterally terminate the contract within 14 days. The deadline starts from the day when the ordered products are handed over to the user or a third party designated by the user.

Users are required to inform LX about their decision to terminate the contract via the unilateral termination form (available on this ) or by any other unequivocal statement expressing his/her will to terminate the contract. Users are required to send the form or another unambiguous statement to LX by email or by regular mail to the address Slavonska avenija 52/g, 10000, Zagreb. LX will provide them with acknowledgment of receipt of the said statement.

If the user exercises his/her right to unilaterally terminate the contract, neither party will be obliged to fulfill its obligations under the distance contract, however, each party is obliged to return to the other what they received under the contract.

If the user exercises his/her right to unilaterally terminate the contract, LX must, without delay, and no later than 14 days from the date of receipt of notification of the user's decision to terminate the contract, return to the user everything he/she paid for under the contract. LX is not obliged to reimburse additional costs resulting from the user's explicit choice of mode of transport other than the cheapest type of standard transport offered by LX. LX must refund the payment only after the ordered products are returned to it, i.e. after the user provides LX proof that he/she has sent the ordered products back to LX, to notify LX before receiving the ordered products. Unless LX has offered to pick up the products returned by the consumer, the user must return the product without delay and no later than within 14 days after notifying LX of his/her decision to terminate the contract. It shall be deemed that user has fulfilled his/her obligation on time if, before the expiry of the fourteen-day period, the user has sent the products or handed them over to LX, i.e. to the person authorized by LX to accept the products. The user must bear only the direct costs of returning the product, unless LX has agreed to bear these costs or if LX has failed to inform the user that he/she is obliged to bear these costs. The user is responsible for any reduction in the value of the products resulting from the handling of the products, other than that which was necessary to determine the nature, characteristics and functionality of the products. LX will refund the payment using the same means of payment used by the consumer when making the payment, unless the consumer explicitly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such refund. The user is not entitled to unilaterally terminate the contract from this section if the subject of the contract were perishable products or products that expire quickly. Additional information regarding the user's right to unilaterally terminate the contract can be found in the Consumer Protection Act.

Legal jurisdiction

In the event of a dispute, the Court of Justice in the place where the seller has its seat shall have jurisdiction