Terms and Conditions of Sale
1. Introductory provisions
1.1 These general terms and conditions (the “General Conditions”) apply when you, as a consumer (the “Customer”), place an order via majacreations.com and related pages (the “Website”). The agreement is concluded between you and Maja Creations, Obrt za dizajn, izradu suvenira i ukrasa, vl.Maja Volf, Slavica 13A, Slavica, company reg. no. 98792385. Detailed contact information and other information about Maja Creations are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2 The Customer must be at least 18 years old to order via the Website. Maja Creations does not accept any credit purchases from persons below 18 years of age in accordance with Croatian law. Contracts can be concluded in the name and on behalf of minors and persons completely incapable of business by their legal representatives or guardians, and persons partially capable of business may conclude the contract only with the consent of their legal representative or guardian. Maja Creations reserves the right to deny or change a Customer’s order (e.g., if the Customer has provided incorrect personal data and/or has any record of non-payment of debt).
1.3 Maja Creations shall have no liability if products are sold out, nor for image or typographical errors on the Website, such as errors in the product description or technical specifications, inaccurate prices, and price adjustments (such as changes in supplier prices or currency fluctuations), or incorrect information regarding whether a product is in stock. Maja Creations is entitled to rectify any such errors and, at any time, change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Maja Creations will notify the Customer accordingly and await the Customer’s approval of the amended price before continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function, or origin of the product. Maja Creations is not responsible for any information by third parties provided on the Website.
1.4 The Website and all its content are owned by Maja Creations or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout, and information about products, services, and other content may not be copied or used without the prior written consent of Maja Creations.
2. Orders
2.1 To place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that they have read the information on personal data and cookies and consents to the use according to Maja Creations’ Privacy Policy set forth here.
2.2 A purchase agreement is concluded when Maja Creations has confirmed the Customer’s order and the Customer has received an order confirmation from Maja Creations via e-mail. Maja Creations encourages the Customer to save the order confirmation for any future contacts with Maja Creations’ customer service regarding the order. The Customer is entitled to cancel their order up until it has been confirmed by Maja Creations. If the order is canceled, Maja Creations will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
3. Customer data
3.1 When the Customer registers their user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about Maja Creations’ processing of personal data is set forth in Maja Creations’ Privacy Policy, which constitutes an integral part of these General Conditions.
3.2 The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Maja Creations without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.
3.3 If Maja Creations suspects that the Customer abuses their user account or log-in details or otherwise violates the General Conditions, Maja Creations is entitled to block the Customer’s access to their user account. Maja Creations is furthermore entitled to assign new log-in details to the Customer.
4. Prices, payment methods and fees
4.1 The prices stated on the Website apply to orders placed on the Website. All prices are presented in € and do not include payment- and shipping fees, which are given separately.
4.2 The Customer can pay for their purchase in the manner specified on the Website. Maja Creations reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
5. Gift certificates
Gift certificates (or “gift cards”) sold on Maja Creations are valid for one (1) year from the date of issue and can be redeemed at Maja Creations’ webshop. After the expiration date, the card cannot be used as a method of payment, cannot be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
6. Shipping and delivery
6.1 Products in stock are typically delivered within the working days specified on the Website. Unless otherwise agreed (e.g., when reserving products not in stock), delivery will occur no later than 30 working days after Maja Creations has confirmed the order in writing through the order confirmation. If you haven’t received your order within the advertised delivery time, please contact our Customer Service no later than 30 working days after the order was placed.
6.2 The expected delivery time is provided in the order confirmation and on the current product page on the Website. Unless otherwise expressly agreed, if a delivery is delayed for more than 30 working days and it is not due to the Customer, you are entitled to cancel the purchase.
6.3 If any package must be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages should normally be retrieved personally with valid identification and order number. The Customer will receive a delivery notification stating when and where the package should be picked up or received. The notification may be sent by email, ordinary mail, and if the Customer has provided a mobile number, also by phone or SMS. Maja Creations is entitled to charge the Customer a fee of 35 euros if the package is not retrieved. In cases of home delivery, there should be a person available to accept the parcel.
7. Right of withdrawal
7.1 When purchasing products on the Website, the Customer has a 14-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying Maja Creations accordingly within 14 days from when the Customer or its representative received the ordered product (withdrawal period).
7.2 By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered other than by a tangible medium.
7.3 In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if they wish to utilize their right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal also includes any technical seal (e.g., serial number).
7.4 If the Customer wishes to withdraw a purchase, the Customer shall, before the withdrawal period expires, send a clear message to Maja Creations in the manner set forth here.
The Customer shall provide their name, address, and other relevant information, e.g., order reference, invoice number, and the product’s name in the message. If the Customer prefers not to use the above alternative message, they may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies or any other equivalent authority in their respective country.
7.5 When exercising the right of withdrawal, the Customer pays the return shipping fee and is responsible for the product’s condition after receiving it and during the return shipping. The product shall be returned within 14 days from the date when Maja Creations was notified of the withdrawal. The product shall be sent well-packaged, in good condition, and in its original box. Any returns shall be sent to Maja Creations following the methods and instructions stated on the Website, which you will find [HERE].
7.6 When the Customer withdraws their purchase, Maja Creations will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Maja Creations are exempt from refund. Upon return of part of an order, the shipping costs will not be refunded. Maja Creations is entitled to deduct an amount from the refund amount, which corresponds to the product’s depreciation in value compared to the original value of the product, if and to the extent such depreciation is due to the Customer handling the product to a greater extent than necessary to determine its function or characteristics.
7.7 Maja Creations will refund the amount without undue delay, but no later than within 14 days from the date Maja Creations received the Customer’s notification of withdrawal. However, Maja Creations may delay repayment until the product has been received, or the Customer has provided proof that the product has been returned, e.g., by means of a certificate of delivery. Repayment will be made to the Customer by the same payment method that the Customer used when ordering.
8. Warranty and Complaints
8.1 Some of Maja Creations’ products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product, respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes to the product’s function and appearance, e.g., rebuilding, upgrading, or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
8.2 The right to file a complaint applies to products that are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Maja Creations as soon as possible after the defect is discovered, using the contact information set forth on the Website.
8.3 Maja Creations will carry the cost for the return freight for any approved complaints.
8.4 Once a product, for which a complaint has been filed, is returned and the complaint approved, Maja Creations will refund the Customer in compliance with applicable consumer protection legislation. Maja Creations strives to do so within 30 days from receipt of the complaint by Maja Creations, but it may be delayed depending on the nature of the product. Maja Creations reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints, Maja Creations complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other countries.
8.5 Please note that Maja Creations’ warranty does not cover defects and damages resulting from:
• External circumstances e.g., loss, theft, fire, and water or other liquid damage
• Improper use or carelessness e.g., tears, dents, breakages, dropping the product, etc.
• Aesthetic changes due to normal wear and tear e.g., minor scratches, material wear, flaking paint, etc.
• Accidents or unjustified repairs or modifications to the product not carried out by Maja Creations.
Please note that if you have not followed our care instructions, this warranty will not apply. This warranty does not limit nor replace more favorable terms under law.
9. Links
Maja Creations may provide links to other websites beyond Maja Creations’ control, and websites beyond Maja Creations’ control may provide links to the Website. Even if Maja Creations attempts to ensure that it only provides links to websites that apply similar personal data and security provisions pursuant to Maja Creations’ Privacy Policy, Maja Creations is not responsible for any protection or confidentiality of information or personal data that the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
10. Force Majeure
Maja Creations is not liable for any delays caused by circumstances beyond Maja Creations’ control, e.g., general labor dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power/tele/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Maja Creations shall inform the Customer accordingly at both the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Maja Creations are entitled to terminate the purchase with immediate effect.
11. Changes to these Terms and Conditions of Sale
Maja Creations reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Maja Creations has informed the Customer of the changes. However, Maja Creations recommends that the Customer regularly remains updated on the Website to become aware of any changes to the General Conditions.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority, or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
13. Applicable law and Dispute resolution
Any disputes shall primarily be settled by agreement after discussions with Maja Creations’ customer services. In the event of any dispute, Maja Creations complies with the decisions of the National Board for Consumer Complaints or the corresponding authority in other countries.
