These Terms & Conditions were last updated on June 21, 2022
Please carefully read the Terms and Conditions before using our services and website.
RECREATED COMPANY d.o.o.
Nova cesta 68, 10000 Zagreb, Croatia
The company is registered at the Commercial Court of Zagreb under the number 5500176.
IBAN: HR9324020061101060971 (ERSTE & STEIERMARKISCHE BANK D.D.)
Tel: +385 (1) 7773505
E-mail: [email protected]
Article 1. GENERAL PROVISIONS
- These Terms and Conditions (hereinafter referred to as the “Conditions“) apply to all users and others who wish to use our Services and website. The Conditions govern the use and transactions related to our products and Services, as well as the use of our website. You may be bound by additional contracts related to your relationship with us or any other products or Services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Conditions, the provisions of these additional contracts will control and prevail.
- “Service provider” – RECREATED COMPANY d.o.o.
- “Seller” – RECREATED COMPANY d.o.o.
- “User” – according to Art. 4 of the Law on Customer services, the user is any natural or legal person who uses or wishes to use the Service for professional or non-professional purposes.
- “Contract” – by the declaration of conformity between the Service provider and User, the Contract is concluded at the time of receipt of the work order by the Service provider, i.e. the mere use of the website implies the knowledge and acceptance of these Conditions. In some cases, we can also ask you to explicitly agree.
- “Service” – cleaning, restoration and personalization Services for clothing, footwear, bags, and/or fashion accessories using professional cleaning methods in accordance with the rules of the profession and with the greatest possible care in accordance with previous experiences.
- These Conditions form an integral part of the Contract and apply to all current and future business relationships. These Conditions are subject to change and are valid at the time of ordering the Service or products. The User is required to read them periodically. To request a prior version of these Conditions, please contact us.
- By accepting the Conditions, the User guarantees the truthfulness and accuracy of the given data under material and criminal liability.
- It is considered that the User accepts the Conditions at the time of concluding the contract, that is ordering the products or Services.
Article 2. METHOD OF PAYMENT
- The User is obligated to pay the price for the Services by paying a minimum of 50% in advance upon receipt of goods and the rest at the end of the Service according with the price list of the Provider’s Services or in accordance with the previously agreed price with VAT included. Prices are expressed in HRK.
- When paying on our web store you can use myPOS – an advanced system for secure acceptance of payment cards via the Internet. The myPOS system ensures the complete confidentiality of your card and personal data from the moment you enter it in the myPOS payment form. Payment information is forwarded encrypted from your web browser to the bank that issued your card. Our store never comes into contact with complete information about your payment card. The isolated core independently transmits and manages sensitive data, keeping it completely secure.
- The service provider offers the possibility of payment via PayPal in EUR.
- Before confirming the order, the price of the product is stated separately, as well as the delivery price if it is a toll and the final price in order for the User to have an insight into the final price he pays for the ordered purchase.
- In case of payment by e-banking and general payment slip, the costs of payment and/or interbank transaction are not included.
- The Provider may grant a certain discount on regular prices and can cancel that discount.
Article 3. DEADLINES FOR SERVICES
- The Provider takes the right to deliver the item of the contracted Service in 4 weeks.
- The Provider is obligated to deliver the Service within the deadline specified in paragraph 1 of this Article (and will make an effort to respect the agreed delivery deadlines). The Provider is not responsible for the delay resulting from the event that happened to him or the fault of the User. If the User wishes to terminate the contract due to the delay, he must leave the Provider a reasonable subsequent deadline for fulfilment. The User waives the right to compensation due to delay, except resulting from the fault of the Provider. The User will not be entitled to any compensation for damages due to delay, unless otherwise provided by law.
- The item must be picked up within three (3) months from the date of receipt of the item. In the case that the User does not pick up the item within the mentioned three months, the Provider has the right to dispose of the item within four (4) months and becomes the owner of the received item free of charge, and in accordance with the Ordinance on textile waste disposal, hand over the unclaimed item to Caritas or the waste disposal company.
- If the cleaning, restoration or personalization of the item cannot be performed within the agreed time due to reasons and events for which the Provider is not responsible, the item will be returned at the request of the User, where it is necessary to state the data on the quantity of the items and the condition in which it was received, which is proven by the work order that the User received upon our receiving of the item.
Article 4. LIMITATIONS AND EXCLUSIONS OF LIABILITY
- The Provider shall treat the clothing, footwear, bags and/or fashion accessories of its Users responsibly and apply the cleaning methods indicated on the labels recommended by the clothing, footwear, bags and/or fashion accessories manufacturer. In the event that there are no maintenance and composition labels or they are damaged and the marking cannot be read from them, the Provider guarantees the quality of the Service provided, but not the quality of the product, which is the responsibility of the manufacturer.
- The Provider is not responsible for fallen or melted pendants, belts, zippers, buttons, ornaments, and images attached or glued to the item. These accessories are often subject to special maintenance instructions on the sewn-in declaration, due to the poor quality of the materials from which they are made.
- Employees of the Provider will inspect and warn the User of any deficiencies noticed during a careful inspection when taking over the goods. In the cases referred to in paragraphs 1 and 2 of this Article, cleaning, restoration, and personalization shall be performed with the consent of the User and at his risk.
- Despite the maximum effort to treat each item received, the Provider does not guarantee the removal of any contamination (due to the type of the contamination itself, untimely treatment, inadequate pre-treatment, etc.). The inability to remove each individual contamination does not mean that the Service is not performed professionally and properly. Every professionally and properly performed Service is subject to payment.
- For all the flaws that become visible or more pronounced only after the cleaning process, the Provider will not take responsibility because such reactions are not the result of inadequate treatment but wear and tear of the material. In the cleaning process, the Provider is not able to predict such occurrences, because of which he is not responsible for the them.
- In accordance with the aforementioned paragraph, during the use, wearing and care of the item, various influences, friction and scraping of textiles and materials, exposure to light, chemicals and sweat can occur, which reduce the use value of the item. These influences sometimes come to light only after the procedure of care, washing, cleaning, and in relation to them the responsibility of the Provider is excluded.
- In accordance with Art. 2 And 5 of these Conditions the Provider reserves the right to limit and exclude liability in respect of the outcome of the cleaning upon receipt of the item.
- Our website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our products or services will meet your requirements,
- this website will be available on an uninterrupted, timely, secure, or error-free basis,
- the quality of any product or Service purchased or obtained by you through this website will meet your expectations.
- Nothing on this website constitutes or is meant to constitute, legal, financial, or medical advice of any kind. If you require advice you should consult an appropriate professional.
- The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
- Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all your claims, actions and causes of action of every kind and nature.
Article 5. EXCHANGE/RETURN POLICY – Services
- Upon receiving the item/s at the end of the Service, the User is obligated to carefully inspect the item/s and immediately warn the Provider of visible defects. By taking over the item/s it is considered that the User has no objections to the provided Service and that he approves the work performed. In relation to hidden defects, the User has the right to complain about the Services within 24 hours of receiving the item. To exercise his right, the User must enclose with the item the work order he received when leaving the item (or other unequivocal proof) that the Service has been paid for, as well as attach the original invoice and a photograph of the item/s at the time of collection and after the discovery of hidden defects. The Provider is obligated to respond to the User in writing without delay, and no later than within 15 days of receiving the complaint and inform the User of a possible solution. The User is entitled to compensation for damage to the item/s that (caused during the Service) – caused by the Provider by negligent provision of the Service or due to loss or theft of the item/s while the items were in the Provider’s care. The amount of the fee may not exceed ten times the amount of the charged Service.
- You have the right to withdraw from this contract which is named in the next paragraphs within 14 days without giving any reason.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third-party other than the carrier and indicated by you acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or e-mail). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
- You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website.
- If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by e-mail) without delay.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- You shall send back the goods or hand them over to us or a person authorised by us to receive the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
- Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your case.
Article 5.a EXCHANGE / REPLACEMENT / RETURN POLICY – Second-hand items
Items sold as second-hand are probably worn / used at least once. As such, it may contain errors or damages that the Seller is obliged to point out and describe the condition of the item/s on the website or at the store. The Consumer has no legal basis for the replacement, complaint or return of the item/s. It follows that there are no legal provisions for the Seller in the case of trade in second-hand item/s.
Article 5.b EXCHANGE / REPLACEMENT / RETURN POLICY – New items
- Any purchased item, which is not for sale as second-hand, the Consumer has the right to return within the day of receipt of the item. The package may be open and inspected, but the item must not be worn. It must also be returned in the original packaging (if the item/s were ordered through the website: in a double box so that the original packaging of the product would not be damaged).
- You can submit a complaint at the Recreated store, Nova cesta 68, 10000 Zagreb, via e-mail at [email protected] or via phone at +385 (1) 777 3505. In the complaint, consumers are asked to indicate the order number, account number or your username (if the order was made through the website).
- You have the right to reasonable complaint and to return the goods in the following cases:
- delivery of goods not ordered
- delivery of goods that have a defect or damage that did not occur during transport.
- The costs of returning and sending the product to Recreated are borne by the Consumer.
- We consider a complaint to be valid if the inspection of the product determines that it meets the conditions for a complaint in accordance with the Civil Obligations Act and the Consumer Protection Act. In that case, according to Art. 10 paragraph 6 of the Consumer Protection Act within 15 days of receipt of a valid complaint to replace the product if possible or return the full amount paid.
Article 6. ELECTRONIC COMMUNICATION
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
Article 7. RESPONSIBLE USE
- By visiting our website, you agree to use it only for the purposes intended and as permitted by these Conditions, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or Services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
- Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
Article 8. REGISTRATION
- You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or Services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur using your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
- After account termination, you will not attempt to register a new account without our permission.
- During the first visit and collection of items by the Provider, or by accessing the website the Provider will request certain personal data from the User. The Provider undertakes to act with the collected personal data in accordance with the provisions of the General Provision on Data Protection and the relevant applicable regulations on personal data protection as well as these Conditions.
- We take your personal data seriously and are committed to protecting your privacy. We will not use your e-mail address for unsolicited mail. Any e-mails sent by us to you will only be in connection with the provision of agreed products or Services.
- The Provider, as the processing manager, may process the Users personal data on any of the grounds prescribed by the General Data Protection Regulation, the Act on the Implementation of the General Data Protection Regulation, other regulations governing the obligation to keep personal data, as well as these Conditions:
- when processing is necessary for the legitimate interests of the processing manager: such as for the protection of property and persons the Provider may conduct video surveillance,
- when the processing is necessary to comply with the legal obligations of the processing manager: for instance, in relation to data that the Provider is obligated to process, store and deliver to third parties in accordance with legal regulations,
- based on consent: in certain cases, when the processing is not performed on any of the above grounds, the Provider may request the User’s consent for the processing of data for certain purposes.
- In particular, the Provider may process the User’s personal data such as:
- Identification data (such as name and surname, etc.),
- Contact information (residential address, e-mail address, telephone number, etc.),
- Data collected by video surveillance of the store (image, voice, etc.).
- The Provider may share personal data from the User with third parties such as bookkeeping service providers; competent state bodies; IT service providers of software services, website and application maintainers, technical support providers; affiliates of the Provider.
- The data processed by the Provider are necessary for the conclusion and execution of the contract (contractual obligation of the Service Provider as the processing manager) and for the Provider to be able to comply with its legal obligations (legal obligation of the Service Provider as processing manager). Also, certain data the Provider is obliged to process in accordance with applicable regulations. If certain information is not provided to the Provider, the Provider may not be able to enter a contract with the User or enable him to exercise the right to use the Service. When the Provider processes the data based on consent, the User is not obliged to provide it, but then the Provider may not be able to provide the stated rights.
- Users have the right, in accordance with applicable regulations, to request access to personal data from the Provider as a processing manager and correction or deletion of personal data or restriction of processing related to the User and the right to object to the processing of such data. In the event that the personal data of the User is collected on the basis of consent, the User may withdraw the consent at any time, which will not affect the lawfulness of processing based on the consent before it is withdrawn. Also, Users have the right to file a complaint to the supervisory authority.
- You agree not to:
- Use the website in any shape or form that violates any applicable national or international law or regulation.
- Misrepresent or attempt to misrepresent the company, company employee, other User or any other person or entity.
- Use the website in any way that endangers the rights of others or is in any way illegal, threatening, false or harmful, or in connection with any illegal, false, or harmful purpose or activity.
- Engage in any other behavior that restricts or prevents someone from using or enjoying the website and its services, or that, as we have determined, may harm or offend the Provider or Users of the website and its services or expose them to liability.
- You also agree that you will not:
- Use the website in any way that may disable, overload, damage or diminish the website or interfere with the use of the website by any other party, including their ability to engage in real-time activities through the website.
- Take any action that may damage or falsify the company’s rating.
- We, or our licensors, own and control all the copyright and other intellectual property rights in the website, and the data, information, and other resources displayed by or accessible within the website.
- Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Article 10. BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these Conditions, if you breach these Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to request that they block your access to the website, and/or commence legal action against you.
Article 11. NEWSLETTER
Notwithstanding the foregoing, you may forward our Newsletter in the electronic form to others who may be interested in visiting our website.
Article 12. IDEA SUBMISSION
We advise you not to submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
Article 13. THIRD-PARTY PROPERTY
- Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
- We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
- You may not assign, transfer or sub-contract any of your rights and/or obligations under these Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Paragraph will be null and void.
Article 14. FINAL PROVISIONS
- All relations between the Provider and the User that are not defined in these Conditions are subject to the applicable regulations in the territory of the Republic of Croatia.
- Disputes arising from or in connection with the Services of the Provider shall be settled by the court with real jurisdiction according to the place of the seat of the Provider.
- According to the provisions of the Conditions stated so far, the User agrees that he will not hold the Provider liable, nor will he claim damages in cases where the Provider cannot be held liable for damages.
- Access to the website from territories or countries where the Content of purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Croatia.
Article 15. ENTIRE AGREEMENT
These Conditions are highlighted on January 1st, 2021 in a visible place in the space where the Provider receives its Users for the purpose of providing services. By taking over the work order from Art. 3, paragraph 4 of the General Terms and Conditions when handing over the item for cleaning, restoration or personalization, the User confirms that he is familiar with the Conditions and that he agrees with their use.
Article 17. CONTACT INFORMATION
- This website is owned and operated by Recreated Company d.o.o.
- You may contact us regarding these Conditions through our contact page.
Article 18. DOWNLOAD
You can also download our Terms and Conditions as a PDF.