Who we are
MECHANICA LIGNORUM, vl. Neven Šego
Address: Slanovečka cesta 66, 10040 Zagreb
OIB: 61842269137
Email: mechanica.lignorum@gmail.com
Trade registered in the Trade Register:
CITY OFFICE FOR ECONOMY, ENVIRONMENTAL SUSTAINABILITY AND STRATEGIC PLANNING, SECTOR FOR ECONOMY, ENTREPRENEURSHIP, TOURISM AND INVESTMENTS, DEPARTMENT FOR ECONOMIC ACTIVITIES AND LABOR ZAGREB (ZAGREB)
MBO: 98945190
Transaction accounts:
Revolut Bank UAB
IBAN: LT283250011119315205
SWIFT: REVOLT21
ARTICLE 1 – GENERAL PROVISIONS
In these terms and conditions, the “Seller” is the trade MECHANICA LIGNORUM, owned by Neven Šego (OIB 61842269137), Slanovečka cesta 66, 10040 Zagreb, and the “Buyer” is any person who purchases items and/or services sold by the Seller, the “User” is considered to be the person who in any way views the content displayed on the website www.mechanica-lignorum.hr.
The terms and conditions apply to the communication procedure, the conditions for carrying out all business transactions and other issues related to business between the Seller and the Buyer.
By concluding a contract, or by concluding a purchase, the Buyer is deemed to accept the General Terms and Conditions.
The Contract is an agreement on the purchase and sale of items and/or services sold by the Seller, concluded through an offer from the Seller that the Buyer accepts.
MECHANICA LIGNORUM reserves the right at any time, and without prior notice, if it deems it necessary, to terminate or amend any of the General Terms and Conditions and/or Privacy Statement listed here. Therefore, it advises users to re-read the information contained in the General Terms and Conditions and the Privacy Statement from time to time, in order to remain informed of such changes. Continued use of the Website after the publication on the Internet of new amended General Terms and Conditions or the Privacy Statement, it is understood that the user accepts the changes.
2. ARTICLE – BASIS OF THE CONTRACT
The Seller’s offer is a written proposal, including an offer made electronically, for the conclusion of a contract sent to a specific person that contains all the essential elements of the contract. The Buyer’s order is an invitation to the Seller to perform what is contained in the offer to the Buyer. The Seller is not bound by its offer, and excludes its obligation to maintain the offer.
All offers made to Buyers must be in accordance with these General Terms and Conditions, and the Buyer’s terms that are in conflict with these General Terms and Conditions do not apply, unless the Seller expressly agrees in writing to their application. Once given consent refers only to the legal transaction for which it was given.
When the Seller receives the Buyer’s written statement accepting the offer, including a statement in electronic form, the Purchase Agreement is deemed to have been concluded. The Purchase Agreement is also deemed to have been concluded when the Buyer accepts the delivery of the goods sent by the Seller.
By concluding the Purchase Agreement, the Buyer shall be deemed to have accepted these General Terms and Conditions and to have waived its own terms that are in conflict with these terms, unless the offer provides for the conclusion of another contract that in that case regulates further relations between the Seller and the Buyer. No order placed by the Buyer with the Seller shall be deemed to have been accepted by the Seller if the Seller does not make an Offer in writing, including in electronic form, or does not deliver the goods to the Buyer in accordance with that order.
The Seller shall state in each Offer the period during which it is bound by its offer, and the Offer shall be bound by it only until the expiry of the period indicated in the offer, provided that the Seller may extend this period of validity in writing, including in electronic form.
The Seller’s offers, even those at the request of the Buyer, are not binding on the Buyer with regard to the price, deadlines and method of delivery set therein. The technical information on products or solutions proposed by the Seller and samples provided are also non-binding and of an informative nature.
The business relationship is considered concluded at the time of written confirmation of the offer or order by the Buyer (email, order form, web shop).
In the event that the confirmed offer by the Buyer deviates from his order, the confirmed offer shall be valid.
3 . ARTICLE – GENERAL USE OF THE WEBSITE www.mechanica-lignorum.hr
The MECHANICA LIGNORUM trade is the publisher of the website mechanica-lignorum.hr. You declare your familiarity with and agreement to the Terms and Conditions and rules set forth herein by any further use of these websites. Likewise, by any further use, you agree to use the websites in accordance with these terms.
By using the content of these websites, the user accepts the risks arising from the use of these websites and agrees to use the content of these websites exclusively for personal use and at their own risk.
Seller fully disclaims any liability that may arise in any way or is in any way related to the use of these websites, for any actions of the user through the use or misuse of the content of these websites, and for any damage that may occur to the user or any third party.
If the website offers the possibility of establishing a link to other websites over which we have no influence, we are not responsible for the accuracy and completeness of the content, nor for the negative consequences that could result from the use of other websites.
ARTICLE – PRODUCT ORDERING PROCESS THROUGH THE WEBSITE www.mechanica-lignorum.hr
The ordering process via the website www.mechanica-lignorum.hr is carried out in such a way that the Buyer adds products to the cart and after completing the ordering process receives an order confirmation to their e-mail address. After a successful order, the Buyer will receive an official offer from the sales representative or an automated system to their e-mail address with exact prices.
Upon order completion the Buyer will ship the goods to the Seller and notify them of the expected time of delivery.
All prices listed on the website www.mechanica-lignorum.hr are wholesale (excluding VAT) and VAT will be included in the final price when creating in accordance with Croatian tax laws.
By ordering a product, the buyer accepts the General Terms and Conditions listed on these pages, and the ordering process must be completed to the end, upon completion of which the Buyer will receive an order confirmation to their entered e-mail address.
The Seller may reject the order or not deliver the goods if it is determined that the website has been misused or if it is determined that the entered data is incorrect or incomplete.
The Seller does not assume responsibility for the accuracy of product data, including product images, prices and stock status.
The price of the goods is determined for each product individually. The process of entering the price on the website for each product is subject to control at several levels, but regardless of this, there is a possibility of error because it is a human factor, and by the nature of things it cannot be an automatic entry. Such situations are exceptional and MECHANICA LIGNORUM apologizes in advance to its Customers and Users for them because it will be forced to inform them of the situation and a possible incorrect price for a certain product, and to the Customers of the impossibility of delivery according to the specific order of the Buyer.
Products that the Buyer adds to the cart are not considered reserved nor is it considered that this creates an obligation for the Seller to sell these products, until the ordering process is completed and the Buyer receives an order confirmation.
The Seller will take all necessary measures and engage all possible resources to fulfill the delivery of the ordered product within an appropriate period. In the event that the Seller does not have the ordered product available, it will inform the Buyer and offer him the opportunity to purchase a product that is available for delivery and that is closest in its characteristics to the product that cannot be delivered.
The Seller will periodically, at its discretion, put certain products on sale or organize special forms of sale under other names. These products will be available to all customers or will be available to customers of a specific, precisely specified group. The terms of the special sale will be described in detail, in particular the duration of the special form of sale, the limitation of the quantity of goods, the amount of the discount, etc. After the expiry of the special form of sale, the Seller will not accept new orders under the terms and conditions relating to the special form of sale for which the period has expired.
The User agrees to indemnify, and not hold liable, MECHANICA LIGNORUM, for all claims for compensation for damages and costs, including legal representation costs, which may arise from the use of these Websites by the User.
The Seller does not guarantee that the website will always be available and that it will not contain viruses. Use of the website is at your own risk.
Due to the nature of the materials used and the difference in lighting during the photo shoot and the Buyers location, a slight visual difference between the real product and the photo on the web site is possible. This is not considered a flaw and is not grounds for a complaint or refund.
ARTICLE – SALE OF GOODS AND SERVICES
The sale of goods and services to Buyers is carried out at the Seller’s headquarters at the time of payment.
The Seller has fulfilled the obligation to sell the goods to the Buyer when he delivers the goods to him or hands over a document by which the goods can be taken over.
The Seller will issue an invoice/delivery note to the Buyer for the purchased goods. The Buyer is obliged to confirm receipt of the goods on the invoice/delivery note. A correct and complete confirmation of receipt of the goods by the Buyer shall contain the legible name and surname of the person taking over the goods and the signature of the person taking over the goods
The Buyer shall not have the right to cancel the concluded contract relating to goods that have been manufactured in accordance with the Buyer’s special requirements and which have been adapted to the needs of a specific Buyer. It shall be deemed that the goods have been ordered in accordance with the Buyer’s special requirements and adapted to the needs of a specific Buyer in the event that the Seller commences production of the goods or completes production of the goods only after the conclusion of the purchase and sale contract between Buyer and Seller.
ARTICLE 6 – DELIVERY DEADLINES
The Seller delivers the goods to the Buyer provided that the Buyer has previously fulfilled all contractual obligations towards the Seller.
The Seller’s delivery deadline is determined in the offer and, unless otherwise agreed, begins on the day the Seller receives the payment.
The day of receipt of the offer acceptance and order from the Buyer, the day of signing the contract, the day of delivery of all materials in the correct form/format, as well as the day of receipt of payment are not included in the delivery deadline, but it begins on the first following working day. When the delivery deadline is agreed in days, non-working days (Saturday, Sunday and public holidays in the Republic of Croatia) are not included in the delivery deadline.
The agreed delivery deadlines in the offers are based on information from suppliers and subcontractors, and due to the generally tense situation on the market and in transport logistics, unexpected delays may unfortunately occur.
In the event that the Seller is unable to deliver the purchased product within the specified period, it will notify the Buyer in order to agree on a new delivery date. In this case, the Buyer also has the right to terminate the Agreement
The Buyer cannot claim compensation for damages if due to justified reasons, i.e. force majeure (such as foreign exchange and trade policy measures, strikes, wars, lack of raw materials, machine failures in production, fires, weather conditions, etc.) it is not possible to deliver the goods.
ARTICLE 7 – COMPLAINTS
By signing the delivery note, the Buyer accepts the goods as correct in quantity and value according to external indicators. Minor deviations of the delivered goods in relation to the offer or sample in terms of size, quality and color are not considered defects.
The Buyer is obliged to check the goods immediately after taking them over and report any possible material defects to the Seller in writing, with the attached records relating to the complaint, no later than 3 days from the date of taking over the goods. In the event of a complaint, the Buyer must send the goods to the Seller’s address at his own expense.
The Seller shall ship the goods to the Buyer in standard packaging in accordance with its standards. The Seller may charge the Buyer for the costs of packaging and wrapping. At the Buyer’s special request, the Seller may package the goods in a different manner, but in such a case the Buyer shall be obliged to pay the costs of such packaging and wrapping. The Seller shall not be liable for damage resulting from such packaging or due to such packaging. The Seller shall be liable for material defects that the Buyer cannot identify upon receipt of the goods (so-called hidden defects), if they arise within 2 months of the date of receipt and arise from a reason that existed at the time of delivery, provided that the Buyer notifies the Seller thereof in writing, together with the attached records relating to the complaint, immediately after the defect arises, and no later than 3 days from the date of its occurrence.
The Buyer must deliver the goods complained of to the Seller’s registered office or send them there at his own expense. The Buyer must specify and accurately describe the material defects in the application, allow the Seller to check the goods complained about and draw up a statement about the alleged material defects. In the event of material defects, the Buyer is obliged to offer the Seller two options – to repair the goods or to eliminate the material defect. If repair is not possible or the elimination of the defect is unsuccessful, the Buyer shall request the Seller to replace the goods.
In the event of material defects, the Buyer is obliged to draw up a complaint report and forward it to MECHANICA LIGNORUM no later than 30 days after the defect was discovered. The Buyer is obliged to protect the goods whose quality the Buyer has complained about from damage until the complaint is finally resolved.
A reasonable period for eliminating the defect or replacing the goods must not exceed 45 days. After eliminating the defect, the Buyer is obliged to take over the repaired or replaced goods at the Seller’s headquarters or pay for shipping. If the removal of the defect fails and the Seller is unable to replace the goods, the Buyer may request a lower purchase price or may withdraw from the contract.
The Buyer shall not be entitled to withdraw from the contract in the event of minor material defects or non-conformity with the contract. If the Buyer withdraws from the contract, the Buyer shall not be entitled to additional compensation for the defect.
If the Buyer first begins to remove or arbitrarily removes the defect, either alone or with the help of third parties, without allowing the Seller to inspect the goods and draw up a statement of material defects, the Seller shall no longer be liable for material defects.
If it is shown that the goods do not have material defects or that the defect results from improper and unprofessional use or storage, or that the Seller is not liable for the defect, the Buyer shall be obliged to reimburse all costs incurred.
In cases where the product delivered to the Buyer is different from the one he purchased, he has the right to have the ordered product delivered, and if this is not possible, the Buyer has the right to a refund in the amount of the paid product price, delivery costs and reimbursement of the costs of returning the product and is obliged to return the incorrectly delivered product.
ARTICLE – WARRANTY
The Seller’s warranty begins to be valid from the date of delivery of the goods and applies to the technically flawless functioning of the goods. The written terms and conditions for the consumer product printed on the warranty card of the goods apply. The Seller provides a warranty for the entire product, which implies that the product is technically correct and that the Seller will repair any defects that may appear on the products free of charge within 2 months from the date of their delivery to the Buyer, or that it will replace the product.
In the event of the Seller’s liability relating to the warranty for the correct functioning of the product being exercised, the Buyer is obliged to deliver the product to the Seller that is the subject of the complaint. The warranty terms printed on the warranty card attached to the product are considered valid. The warranty card is not necessary for all types of goods.
The warranty period is extended by the duration of the repair of the goods.
The cost of transporting the goods for repair or replacement, as well as the risk of loss and damage to the goods during that time, shall be borne by the Buyer.
The Seller does not assume any contractual liability towards the Buyer for any damage incurred, except for direct liability relating to the warranty for the proper functioning of the product or direct liability for material defects or for any damage for which the Seller may be liable.
With these General Terms and Conditions, the Seller expressly excludes any liability of the Seller for damage that may be caused to the Buyer when filing a complaint or removing material defects or defects relating to the warranty, with regard to the delivered goods.
ARTICLE – DELIVERY
When placing an order, the Buyer will be informed of the general delivery time, which does not bind the Seller and is not responsible for any delays by (delivery) courier services.
In Croatia (except the Islands), the Seller ensures delivery within 3-5 business days from manufacturing completion for shipments weighing up to 40 kg and 2.0 m in length or for shipments of combined dimensions where the sum of the longest side and the circumference does not exceed 300 cm. The Seller may distribute heavier shipments into multiple packages or, in agreement with the Buyer, deliver them by truck with a delivery time agreed upon with the delivery service. The Buyer has the right to independently organize the transport of the goods.
The delivery price is calculated per box according to the courier service price list depending on the delivery address.
On the Seller’s website, it is possible to exercise the right to free delivery in Croatia for orders over 600,00 EUR (excl. VAT) for stock goods.
Shipping terms for custom made goods shall be negotiated and may defer from shipping terms for stock goods.
The delivery of goods by the Seller’s vehicle can be negotiated directly and the cost will be calculated depending on the delivery conditions (such as but not limited to: packaging requirements, quantity of goods, distance to Buyer).
ARTICLE – PAYMENT METHODS
Bank transfer payment – When choosing this payment method, you will receive a pro forma invoice to your e-mail address with all the information necessary for payment, including the account number to which you should pay the order value. You can then make the payment using internet banking or the way you normally pay your bills – through the bank, post office, FINA or similar. Upon receipt of payment, we will send you the ordered products if we have them in stock, or put them into production if the current stock is insufficient. The transaction description should contain the order number as a reference.
ARTICLE 11 – FORCE MAJEURE
If, after the conclusion of the contract, certain circumstances occur through no fault of the Seller that make it difficult or impossible to fulfill obligations due to force majeure, e.g. war, rebellion, civil uprising, government or public authority intervention, fire, flood, business strike, import or export embargo, pandemic or any similar reasons that may delay or prevent the production and delivery of the goods sold. The seller has the right to terminate the contract with the obligation to notify the buyer of the occurrence of such circumstances.
If the delivery without defects and on time is temporarily prevented due to one or more of the above reasons, the delivery is postponed for a period corresponding to the duration of the disturbance plus a reasonable time that is considered necessary in the circumstances to restore the normal state. Delivery on the day of the postponed delivery is considered on time in any case.
If the impossibility of delivery is expected to last more than three months, the Buyer is authorized to terminate the contract.
ARTICLE – FINAL PROVISIONS
All issues not regulated by the General Terms and Conditions are regulated by the Obligations Act and the Consumer Protection Act. If for the buyer, a natural person (consumer), any of the provisions of these General Terms and Conditions are contrary to the provisions of the Consumer Protection Act, the Consumer Protection Act shall apply. All Acts are based on Croatian law.
The General Terms and Conditions are available at the Seller’s office and will also be published on the Seller’s website.
In the event of a dispute regarding the interpretation, application, justifications, duration, validity or consequences of the General Terms and Conditions, the contracting parties will try to resolve the dispute amicably. Otherwise, the court with subject matter and territorial jurisdiction in Zagreb will be competent to resolve disputes.
In the event that one or more provisions of these General Terms and Conditions are determined to be invalid, this will not affect the validity of the other provisions of these General Terms and Conditions, which will remain in full force and effect. If any provision of these General Terms and Conditions proves to be illegal or unenforceable, the other provisions of the General Terms and Conditions will remain in full force and effect. If any provision of these General Terms and Conditions is declared invalid, such invalid provision will be immediately replaced by a new provision that will be of valid form and content and that will seek to achieve, to the extent possible, the purpose and intent of the invalid provision in a legally valid manner.