Terms & Conditions

Terms & Conditions

These General Terms and Conditions regulate the use of the website and the webshop service of the company House of Kiwi d.o.o. which has its office in Croatia, Zagreb, Medovićeva 3, and which is registered at the court register of the Commercial Court in Zagreb under the company registration number MBS: 081101583, OIB: 18255574551. 

These General Terms and Conditions are governed by the applicable laws of the Republic of Croatia. By accepting these General Terms and Conditions, the procedure for returning the products envisaged by House of Kiwi d.o.o. is also accepted.

House of Kiwi d.o.o. reserves the right to change these General Terms and Conditions in any given moment. 

Any changes to these General Terms and Conditions will be published on this website together with the date of coming into force of the changes. 

By accessing this website the user agrees to comply with these General Terms and Conditions.

Meaning of the terms

User – every person with residence in the Republic of Croatia or outside the Republic of Croatia accessing the Website.

Buyer – every person registered for the use of the webshop service on the Website, with residence in the Republic of Croatia or outside the Republic of Croatia that chooses at least one product, completes the electronic order form and sends it to House of Kiwi d.o.o.

Seller – company House of Kiwi d.o.o. which has its office in Croatia, Zagreb, Medovićeva 3, and which is registered at the court register of the Commercial Court in Zagreb under the company registration number MBS: 081101583, OIB: 18255574551. 

Order – a form provided by House of Kiwi d.o.o. that the Buyer completes taking the steps needed in order to buy products listed in the webshop.

Contract – a distance contract concluded between the Seller and the Buyer under an organized distance sales or service-provision scheme run by the Seller, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded and which is concluded in accordance with these General Terms and Conditions. The provisions of these General Terms and Conditions forma an integral part of the Contract.

Intellectual property rights 

The entire content of the website www.houseofkiwi.com is the exclusive property of House of Kiwi d.o.o. Use of the website’s content without a permission given by House of Kiwi d.o.o. constitutes a breach of intellectual property rights. The name ‘’House of Kiwi’’ together with the House of Kiwi logo constitute a trademark owned by the Seller.

Use of the website

Buyer//User undertakes to use the website at his/her own responsibility. House of Kiwi d.o.o. or any of its employees, agents or partners shall not be liable for consequences which might arise from the website unavailability or which might arise from inaccuracies of the information given on the website.

This exclusion of liability relates to any damages that might arise from any deficiency, error, interruption, malfunction, computer virus, theft/unauthorized access/change/abuse of the user/registered user/buyer computer equipment, termination of the contract, harmful conduct or any other action by the company House of Kiwi d.o.o. or any of its employees, agents or partners. Buyer/User confirms that House of Kiwi d.o.o. shall not be liable for any harmful conduct of other users or third parties.

Buyer/User confirms that the aforementioned terms apply for the whole content of the website.

House of Kiwi d.o.o. shall not in any way be responsible to users for the costs they bear for using computer equipment and telecommunication systems for the purpose of accessing the website and the webshop.

Personal data

By registering at the website www.houseofkiwi.com the Buyer/User confirms, agrees and accepts that House of Kiwi d.o.o. as a controller in accordance with the General Data Protection Regulation and its partners as processors in accordance with the General Data Protection Regulation, collect, process and share his/her personal data from the registration form and the data regarding his/her orders.

Buyer/User confirms that it is his/her right to withdraw his/her aforementioned consent at any time. Terms and Conditions regarding the personal data protection can be found here.

The House of Kiwi d.o.o. webshop service uses cookies during the ordering process in order for the service to recognize and remember the user and in that way, to enable the purchase.

Security and the protection of data

House of Kiwi d.o.o. will ensure the privacy and protection of the user’s personal data, passwords and any other details on the website www.houseofkiwi.com in accordance with the terms and conditions that can be found here.

Buyer/User is responsible for actions and orders that have been made under his/her user name. The connection between the website and the user’s internet browser is covered by the SSL certificate. Payment security is provided by ‘’Paypal’’ in accordance to its protocols and certificates.

By posting comments, messages or any other information on the website www.houseofkiwi.com, the Buyer/User grants House of Kiwi d.o.o. the right to use these comments, messages or any other information posted with intent to promote, market or any other licit intent.

Availability of the products

House of Kiwi d.o.o. reserves the right to remove any product form sales at any time. In such case, House of Kiwi d.o.o. will refund the Buyer the whole amount paid for the removed item, no matter the reason for removal. House of Kiwi d.o.o. reserves the right to change, suspend or stop the sales of product via webshop.

Ordering

Products are ordered electronically. By clicking on the button ‘’add to cart’’, the chosen product is added to the shopping cart. A product is considered ordered in the moment the Buyer completes the whole payment process. At that moment, the Buyer will receive an email confirming that the order is placed.

House of Kiwi d.o.o. will persevere to deliver all the products that the Buyer has ordered, but it reserves the right to refuse an order in case of force majeure or in case when the delivery is greatly difficult. In case House of Kiwi d.o.o. refuses an order, the Buyer will be notified in 4 working days counting from the order confirmation email. 

Payment

Payment is performed solely through the internet and exclusively through the ‘’paypal’’ service. ‘’Paypal’’accepts Visa, Mastercard, American Express, Discover and Diners Club International credit cards.

‘’Paypal’’ terms and conditions can be found at https://www.paypal.com.

House of Kiwi d.o.o. does not guarantee that the ‘’paypal’’ service will accept all of the aforementioned credit cards and that it will not change its payment methods.

Prices 

Prices of all of the products are expressed in the currency of the Republic of Croatia, the Croatian Kuna (HRK), together with an approximate amount expressed in Euros. The approximate amount expressed in Euros is given in accordance with the average exchange rate of the Croatian National Bank and it is exclusively of information purposes. The exact amount expressed in Euros depends on the exchange rate of the Buyer’s bank in the moment of payment, as well as on the conversion which will be mentioned further on. Products are being sold with the prices valid on the day of the order and which are published on the website. 

Prices, terms of payment and discounts are valid only in the moment of payment and can be changed without previous notice. In case the price of a product changes during the ordering process or the price shown on the website does not match the real price of the product, House of Kiwi d.o.o. will give a Buyer the possibility to withdraw the order or to accept the new price.

Delivery prices will be shown separately and will be added to the price of the ordered products. Delivery price will vary depending on the weight or volume of the products and the delivery address.

Conversion 

Payments will be executed in Kunas (HRK).

The amount the Buyer’s credit card which is linked with the ‘’paypal’’ service is charged shall be determined by virtue of conversion of the price from Euro (EUR) into Croatian Kuna (HRK) pursuant to the current exchange rate of the Croatian National Bank.

When charging the Buyer’s credit card, the amount will be exchanged to the local currency in accordance with the rates of the credit card companies.

As a result of the conversion, there is a possibility of a minor difference in price form the price that is shown on the House of Kiwi d.o.o. website.

Buyer’s termination of the contract

The Buyer is entitled to terminate the contract and to return a product within 14 (fourteen) calendar days of the date of delivery of a product.

In order to exercise his/her aforementioned right, the Buyer must notify House of Kiwi d.o.o. about his decision to terminate the contract before the time limit of 14 days expires. The notification is given via the post, email, telefax and must include all the relevant information.

In case of the contract termination, House of Kiwi d.o.o. shall refund the amount paid to the account of the Buyer stated in the request within 14 days of the date of receipt of a returned product to the address stated on the complaint form.

The Buyer must return unwanted products within 14 days of the notification of termination of the contract. The buyer bears the expense of the return.

The Buyer is not entitled to terminate the contract in cases provided by the article 79 of the Croatian Consumer Protection Act.

The Buyer is responsible for any reduction of the worth of the ordered product that he/she wants to return. The Buyer is obliged to return the product in the condition it was delivered. This means the products must not be worn or washed.

House of Kiwi d.o.o. is responsible for material defects of proucts in accordance with the Croatian Civil Obligations Act. House of Kiwi d.o.o. is responsible for material defects of a product at the moment of the transfer of risk to the buyer, regardless whether he was aware of them or not. It shall also be liable for all material defects arising after the transfer of risk to the buyer if they arose as a result of the cause that existed prior to it. It shall be presumed that a defect arising within six months following the transfer of risk existed at the time of transfer of risk unless the Seller provides evidence to the contrary or this arises from the nature of the thing or the nature of the defect. A buyer who notified the seller of a defect in due time may request that the defect be eliminated by the seller; or request from the seller delivery of another thing without defects; or request a price reduction; or declare the contract cancelled.

Disputes

Disputes arising from the contract between the buyer and the seller can be resolved using the ODR platform in accordance with Regulation on consumer ODR. The platform can be accessed here. (link na ODR platform)

House of Kiwi d.o.o. calls upon its buyers to talk to us first so we could find a solution in the shortest time.

These General Terms and Conditions apply since the date of their publishing on the website which is 21.3.2020. 

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