Basic information about the service provider
MBS: 130112142
MB DZS: 5372569
Registration authority: Commercial Court in Pazin
Owner: Marko Matešković
OIB: 37492977048
Share capital: 2.654,45 euro
Full address of the headquarters: Grintavica 35, Brečevići, 52444 Tinjan
Contact number: +385 (0)99/839-0306
E-mail: info@paveta.hr, marko@paveta.hr
IBAN: HR7424020061101013686, ERSTE&STEIERMÄRKISCHE BANK d.d. Rijeka
Person authorized to represent: Marko Matešković
More information at: https://sudreg.pravosudje.hr/ords/r/esudreg/public/podaci-o-poslovnom-subjektu?p28_sbt_mbs=130112142
Service customer
The service customer is a website visitor, a natural person or a legal entity who orders the service through direct physical or digital contact with the Seller using available communication channels, during which they will be issued an R1 invoice with valid amounts, if necessary.
Service provider
The service provider is PAVETA d.o.o.
Informative
Contract conclusion procedure
Inquiries regarding the service order are made on the Service Provider’s website paveta.hr by filling out the form provided for that purpose. When filling out the form, the Service Orderer is obliged to enter all the information requested from him.
The request can be made with the confirmation of the Service Customer that he/she has previously read and understood the Terms of Service and Privacy Policy, and that he/she has agreed to them. The Service Provider is not responsible for the costs of using computer equipment and telecommunications services necessary to access the service. The Service Customer will be notified by e-mail of the confirmation of receipt of the request.
In the event that the Service Provider is unable to deliver any of the ordered services for any reason, the Service Provider will contact the Service Customer by phone or email to arrange delivery.
Ordering a service or product on behalf of and for the account of a minor or a person deprived of legal capacity (fully or partially) may only be requested by their legal representatives. In the event of problems or ambiguities during the order, the Customer may contact the Service Provider at the email address marko@paveta.hr.
Remark
Due to the nature of the work of the company PAVETA d.o.o., and since it is not an online store but an informative company website with the possibility of getting in touch, the final steps of the order and the main parameters of the project and contract will be carried out in almost all cases in a physical format and by going out into the field.
Payment methods and terms
The customer pays for the agreed project or order by making a payment to the Seller’s transaction account using his IBAN. The purchase agreement is concluded at the moment of acceptance of the buyer’s offer and payment to the IBAN.
The agreed purchase price includes all taxes and duties and is expressed in euros.
The Service Provider determines that the prices for the services will be formed in accordance with the previously accepted offer. For services and tasks not included in the offer, which the Service Provider will perform for the Service Client based on the written request of the Service Client, the prices will be agreed separately for each individual task.
In addition to a classic invoice, the Service Provider may also issue an electronic invoice to the Service Orderer with a specification of the services and an indication of the due date by which the Service Orderer is obliged to settle the invoice.
Contractual provisions
By ordering a service through the website, the customer accepts the privacy policy, terms of business, and the website’s cookie policy, i.e. all functions related to the operation of the website. The conclusion of a purchase contract via the website paveta.hr is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of the European Union directives. The conclusion of a contract via the website paveta.hr constitutes a distance contract. The contract between the Service Provider and the Service Customer is concluded when the Service Customer makes a payment according to the received offer or invoice.
A B2B sales contract is concluded specifically and separately using remote communications and contacts.
Remark
A purchase contract is concluded if the Customer is a consumer, or any natural person who enters into a legal transaction or operates on the market outside of their trade, business, craft or professional activity, and if the contract is concluded between a trader and a consumer within the framework of an organized system of sales or provision of services without the simultaneous physical presence of the trader and the consumer in one place, whereby up to the moment of concluding the contract and for concluding the contract, only one and the same means is used.
General terms and conditions
The Act on Consumer Protection (N.N. 41/2014) chapter III – Conclusion of contracts outside business premises and distance contracts, from Article 57 to Article 79, applies to business conditions.
The website on the domain and headquarters paveta.hr does not represent an online store, but rather a content-based information and marketing channel for the products and services of the Service Provider. However, it is possible to initiate communication about purchasing the Service Provider’s services through the website and the contact options on it.
Such communication, depending on its topic and nature, may end in a sale or the establishment of a partnership, which is then regulated, negotiated and organized outside the parameters and functionality of the website on the domain and headquarters of paveta.hr.
Among the regulations, contracts and organization of the purchase and sale or creation of a partnership relationship, elements such as: Prices and methods of payment, ordering, delivery, product replacement, complaints, returns, contract cancellation, as well as the exclusion of the right to cancel the contract. Regulations such as those just mentioned are individually negotiated and concluded by the Service Provider with the Service Customer, and the websites on the domain and headquarters paveta.hr serve only to initiate a conversation on the topic, or as a way for the Service Customer to contact the Service Provider.
The Consumer, in the capacity of the Service Orderer, enters into a purchase agreement with the Seller.
Means of distance communication are all means that can be used to conclude a distance contract without the simultaneous physical presence, such as the Internet or e-mail. The service provider may terminate the purchase contract if the customer does not pay the purchase price, and is not obliged to deliver the product until the purchase price is received.
The content of the paveta.hr website is available in Croatian, English and German. The official language for concluding a purchase contract is Croatian.
Warranty conditions
If it is determined that there is a lack of functionality, irregularities or inability to use the product, the Service Provider may have one of the following obligations, all in accordance with the provisions of the Civil Obligations Act, at the consumer’s choice:
- Removing defects
- Delivery of another product without defect
- Price reduction
The customer may terminate the contract only if he has previously given the seller a subsequent appropriate deadline for fulfilling the contract. The customer may terminate the contract without setting a further deadline if the service provider, after being notified of the defects, has informed him that he will not fulfill the contract or if it is obvious from the circumstances of the specific case that the seller will not be able to fulfill the contract even within the further deadline, as well as in the case where the buyer cannot achieve the purpose for which he concluded the contract due to the seller’s delay.
If the Service Provider fails to fulfill the contract within the additional period, it is terminated by law, but the Service Customer may maintain it if he/she immediately declares to the seller that the contract is being maintained in force.
The service provider may refuse to remove the defect if repair or replacement is impossible or would cause disproportionate costs, taking into account all the circumstances, in particular the value of the item without the defect, the significance of the defect and whether the repair or replacement can be carried out without significant inconvenience to the customer.
When the Service Customer is a legal entity, the rules on material deficiency prescribed by the Civil Obligations Act apply to it.
Refund
The customer of the service is entitled to a refund in cases where the individual product as part of the service was delivered completely incorrectly, and there is no desire to send a replacement product, and all within the legally stipulated period of 14 working days with the provided evidence of the wrongly delivered goods. Other parameters regarding refunds and warranty conditions are agreed on an individual basis in the sales contract, offer and work contract.
Obligations of the Service Customer
The Service Client is obliged, at the request of the Service Provider, to present all information and documents that the Service Provider may deem necessary for the purpose of preparing the Offer, drafting the contract and executing the project and its business processes.
The Service Customer undertakes to ensure the proper functioning of their e-mail and telephone number for the entire period of cooperation with the Service Provider, both during the negotiation phase and during the conclusion of offers, contracts, and the further continuation of the contractual relationship, all because correspondence will primarily take place via e-mail messages and telephone conversations.
The Service Customer is obliged to notify the Service Provider in writing of any changes to the personal or identification data specified in the offer or contract regarding status, identity and registered office immediately, and no later than 7 days from the date of the change.
The Service Client is obliged to designate an authorized person who will represent the Service Client in relation to the services requested from the Service Provider for the entire period of cooperation, i.e. during negotiations for the purpose of establishing a contractual relationship, as well as for the entire period of the contractual relationship.
The Service Customer undertakes to cooperate with the Service Provider so that the Service Provider can perform the requested and contracted services on time, in such a way that it will deliver to the Service Provider all necessary materials, documents, data, etc. so that the Service Provider can promptly begin the implementation of the contracted service and project, and provide the Service Provider with access to all necessary information or systems that the Service Provider needs to perform/perform the contracted service and project.
Service Provider’s obligations
The Service Provider undertakes to provide services professionally, qualitatively and conscientiously, in accordance with the rules of the profession and the care of a good businessman. The Service Provider provides its services to the Client in accordance with the provisions of applicable regulations in the Republic of Croatia, or in accordance with the obligations arising from the contractual relationship.
The Contracting Parties shall not be liable for failure to perform any obligation under the Contract if the inability to perform is the result of a force majeure event – an event beyond the control of the Contracting Parties and independent of their will, which directly affects the performance of the obligation under the Contract and whose occurrence is not a consequence of the negligence of either Contracting Party.
The contracting party affected by a force majeure event is obliged to immediately, and no later than within 48 hours, notify the other contracting party in writing, indicating the sample and appropriate evidence of the existence of force majeure.
The deadline for the creation of a specific project is determined by an informative offer or contractual relationship, as well as circumstances for extending the deadline.
Notice on the method of submitting a written consumer complaint
All complaints in accordance with Article 10 of the Consumer Protection Act can be sent by e-mail to the address marko@paveta.hr. The Seller must legally provide a response to the consumer’s complaint in writing no later than 15 days from the date of receipt of the complaint.
In the event of a dispute, the Seller and the Consumer will resolve the dispute amicably, and if this is not possible, the competent court in Pula will apply Croatian law. Dispute resolution is possible before mediation centers.
Images, descriptions and videos of services and pages
Images and videos of the services, and generally parts of the pages of the entire website, were taken in part from internet portals that provide free images and videos: unsplash.com, mixkit.com, pexels.com, pixabay.com.
Other images and videos are the direct property of PAVETA d.o.o. company. Images and videos serve as a descriptive reference for the services, and try to describe the characteristics of the same as accurately as possible. Downloaded images and videos, their original authors and third parties from these images and videos, do not represent or are in any way related to PAVETA d.o.o. and its services.
Establishing a contractual relationship
The service provider delivers an Informative Offer with all information about the service and indicated prices expressed in euros including VAT. The moment the offer is accepted, a Contractual Relationship is established. Upon the establishment of a Contractual Relationship, the terms and conditions specifically and individually agreed upon in the contract apply.
When submitting an offer or signing a contract, the Service Client is informed of the terms of cooperation and business, and it is assumed that the Service Client has fully understood and accepted them.
In terms of entering into business cooperation with Service Clients who wish to become partners of various levels, such as distributors, special and separate contract and cooperation documents with different parameters and conditions will be established and mutually accepted by the Service Provider and the Service Client.
In addition to the contractual relationships that arise from the acceptance of the offer, the Service Provider may have contractual relationships with the Service Client that are based on concluded contracts, namely contracts concluded without a previously submitted offer or contracts in which the offer will be an integral part.
Remark
The client has the right at any time to request the cancellation of their account, the deletion of their data, as well as to request insight into existing data, which they can check independently within their user account on the website.
Termination of the contractual relationship
The contractual relationship is generally concluded for a fixed period of time with a duration defined by the offer, which, upon acceptance, leads to the creation of a contractual relationship, i.e. a contract. The Service Customer and the Service Provider have the right to terminate the contractual relationship at any time by sending a notice of termination of the contractual relationship in writing, by registered mail, addressed to the valid address of the other contracting party. In this case, the notice period is 30 days from the date of delivery of the notice of termination of the contractual relationship.
In the event of termination of the contractual relationship by the Service Customer before the expiration of the initial contractual relationship specified in the offer or contract, as well as in the event that the Service Provider terminates the contractual relationship at any time because the Service Customer breaches the obligations assumed by entering into the contractual relationship, The Service Customer is obliged to pay a contractual penalty to the Service Provider, which consists of the difference between the full price of the contracted services determined by the Service Provider’s price list and the price that the Service Customer paid to the Service Provider based on the contractual relationship, from the date of conclusion of the contract until the date of termination of the contractual relationship. The Service Provider will issue an invoice to the Service Customer for this amount, which the Service Customer undertakes to settle.
The Service Provider has the right to terminate the contractual relationship without notice and without the obligation to return the advance payment and all other funds paid to it by the Service Client in the following cases of breach of contractual obligations by the Service Client, with the note that the contractual relationship in such a situation terminates upon delivery of the Service Provider’s notification of termination of the contractual relationship, as follows:
- If the Service Client does not deliver/provide the Service Provider with all necessary documentation or access to all necessary information that prevents the Service Provider from fulfilling its obligations or causes the Service Provider to delay in fulfilling its obligations;
- If the Service Customer is continuously late in settling the Service Provider’s invoices in relation to the obligation to pay invoices within their due dates;
- If bankruptcy or similar proceedings have been opened or commenced against the Service Customer;
- If the Service Customer violates any of its obligations set out in these terms and conditions or the offer or contract, which could result in damage to the Service Provider;
- If the Service Client takes such actions and activities against the Service Provider that cause the Service Provider to suffer damage and where the Service Provider’s business reputation is damaged.
If unacceptable or unauthorized use of the Service Provider’s services by the Service Client causes damage to the Service Provider, other clients of the Service Provider or third parties, the Service Client will be liable in accordance with applicable regulations or a final court decision.
Remark
The Service Provider must refund the amount paid using the same means of payment used by the Customer for payment, unless the Consumer expressly agrees to another means of payment, and provided that the Customer is not obliged to pay any additional costs for such refund.
All direct costs of returning the product shall be borne by the Customer. The Customer shall be liable for any diminished value of the goods resulting from handling of the goods other than that which was necessary to establish the nature, characteristics and functionality of the product.
The Civil Obligations Act and the Electronic Commerce Act apply to legal entities.
Personal data protection
The personal data collected depends on: the type of service provided or product purchase, users and clients, the type of contract concluded with clients, as well as the Customer’s intention to exercise their rights based on legal and regulatory provisions on the protection of personal data.
Your data is not used for other purposes or transferred to a third party, unless the law requires otherwise, and it will be deleted as soon as it is no longer needed for consulting. Although no online service is 100% secure, we make every effort to protect your information from unauthorized access, use, alteration or destruction and take reasonable measures to do so.
We use appropriate business systems and procedures to protect the personal information you provide to us. We also use security procedures and technical and physical restrictions on access to and use of personal information on our servers.
Remark
In the event of potential collaboration with external collaborators on certain projects and during certain consultations, the Service Provider may disclose information about you without which the entire process is not feasible for the external collaborator. External collaborators must comply with the Website Data Privacy Policy and specific work parameters according to the agreed items of the cooperation agreement.
In case of legal obligation: Where required by law or necessary for the prevention, detection or punishment of criminal offences and fraud, your personal data will be shared with competent authorities. We may disclose your data in response to a court order or other legitimate request by the government.
Personal data that is primarily collected during the order process and the use of the website, and without which it is not possible to perform the service, includes at least:
- basic personal information (name and surname)
- basic contact information (address, phone number, email address)
- data related to the use of the website, for example when using the contact form
- data necessary for concluding a contract, offer or invoice
- other personal data necessary for the exercise of the client’s rights based on legal provisions on consumer protection
- detailed information on the processing and protection of personal data can be found at the following link: Privacy Policy.
Dispute resolution
All disputes that arise during the performance of work between the parties, including disputes related to issues of its valid origin, violation or termination, as well as the legal effects arising from it, the Contracting Parties will primarily try to resolve peacefully and by agreement within 30 (thirty) days. Otherwise, the Contracting Parties agree to the jurisdiction of the court of actual jurisdiction in Pula.
Platform for online resolution of consumer disputes (Platform for ORS)
Article 14(1) of Regulation (EU) No. 524/2013. on online dispute resolution for consumers, which has been in force since 9 January 2016, requires traders established in the European Union who are involved in online sales or service contracts and online marketplaces established in the Union to provide an electronic link to the ODR Platform in an easily accessible place on their websites. The Platform can be used by both consumers and traders, and a complaint can be submitted in any of the 23 official EU languages.
Link: Online Dispute Resolution (ODR) Platform
For communication to exercise rights related to the protection of personal data, it is necessary to use the communication channels defined in the “Exercise of rights” section on the “Privacy Policy” page so that each request is registered and the user as the initiator is identified.
