GENERAL TERMS OF USE (PRE-CONTRACTUAL NOTICES)
Information about the trading company
Name:
Mom`s pants d.o.o. for trade and services
Abbreviation:
Mom`s pants d.o.o.
Headquarter:
Medvedgradska 43
10000 Zagreb, Croatia
Office address:
Medvedgradska 43
10000 Zagreb, Croatia
OIB: 73688520835
Registered in the court register of the Commercial Court in Zagreb, MBS: 081483624
Email address: momspants@yahoo.com
Info phone: +385 95 511 8411
Business account opened with Erste&Steiermärkische Bank d.d. OIB: HR23057039320,
Account number: IBAN: HR8724020061101140328
The share capital paid in full in the amount of EUR 2,654.46/ HRK 20,000.00.
Represented by director Danilo Bjekovic, OIB: 30892944983
In general
These Purchase Terms (Pre-Contractual Notices) are part of the Seller’s obligation in accordance with the provisions of the Consumer Protection Act, and serve to ensure that the Buyer, before entering into a distance contract, is informed in a clear and comprehensible manner about a series of circumstances essential for the conclusion, execution, termination of the contract, and all in accordance with the legal regulation.
The term Seller therefore refers to the trading company Mom’s pants d.o.o., Zagreb, Medvedgradska 43, OIB: 73688520835, MBS: 081483624.
The term “Customer” also refers to a classic consumer, a natural person who, outside of any activity, orders and pays for any product through the web store services present on the Seller’s website, but also to artisan buyers, individual traders and natural persons who perform business activities, and who are protected by the provisions of the Consumer Protection Act only if they buy products unrelated to their business activities, and to all other customers, for example legal entities.
By selling through the website www.momspants.com, the seller acts on his own behalf.
The conditions of purchase form part of the contract concluded at a distance together with the specifications and price(s) of the purchased product(s), and before confirming the order for the purchase of an individual product, the Customer will be asked to accept/declare that he/she is familiar with/agree with them, while after confirmation order (conclusion of the contract) shall be delivered to the Customer as the content of the e-mail message confirming that the contract has been concluded.
The seller reserves the right to change the conditions at any time, with the said changes coming into force after publication on these websites.
When the Buyer confirms and completes the order, the contract is concluded, and the Seller will immediately inform the Buyer of the fact of the conclusion of the contract by e-mail. For a validly concluded contract, it is necessary that the Buyer is a person with full business capacity. The customer is responsible for the completeness and truthfulness of the data entered during registration. The terms of purchase are divided into categories/information classified below.
Access to the website www.momspants.com may sometimes be unavailable due to works, maintenance or the introduction of new content and in cases of unforeseen circumstances beyond the control of the Seller, which the Seller will try to eliminate as soon as possible.
The seller can, in the case of justified circumstances, when he determines that there has been an abuse of the use of the site, make it unavailable. Also, the Seller reserves the right to refuse access to the Mom`s pants web store to any visitor/user at any time, based on its own assessments. Any inappropriate use of the website/web store will result in the inability to use it.
The supplier (Seller) of the items offered on these pages is Mom`s pants d.o.o., and the Customer, as defined above, is a visitor to the Mom`s pants web store who has chosen at least one item via the website www.momspants.com, filled out an electronic form for order and sent it to the seller (supplier).
These terms of use describe the entire process of ordering, payment, delivery, exchange and return of our products, as well as handling in cases of possible customer complaints and termination of the contract.
Products can be ordered every day from 0 to 24 hours through the pages of this web store. Confirmation of order receipt will be sent to each customer’s e-mail address.
Protection of intellectual property
Mom`s pants website and web store contain materials protected by copyright and intellectual property rights, including, but not limited to, rights to texts, applications, photos, video materials, graphics, music, sound, and the like, unless otherwise indicated.
It is not allowed to change, publish, transfer, reproduce, participate in the transfer or sale, create derivatives, or in any way exploit any content, in whole or in part, without the express written consent of Mom`s pants d.o.o..
Visitors to the site or web store are not authorized to download, reproduce, modify, edit, distribute, display, delete, send, sell, resell, adapt or modify the copyrighted materials in any way except for their own personal use.
For the avoidance of doubt, Mom`s pants d.o.o. expressly reserves and does not transfer to the user any rights in relation to the content of the web store and website, and prohibits the use of the content of the web store and website except as determined by these General Terms and Conditions and as possibly permitted by the instructions on the web store itself.
Individual photos and other materials may be published exclusively for advertising purposes with the obligation to clearly indicate the source and link in a way that unequivocally shows to third parties that it is content downloaded from the page www.momspanst.com.
Contract conclusion procedure
The conclusion of a contract through the Mom`s pants web store represents the conclusion of a contract at a distance.
The contract can be concluded by choosing the desired item, in the desired color and size, from the range of items available on the store’s website, and adding it to the shopping cart. After adding the item to the cart, follow the instructions of the web store and choose the payment method and the delivery method. After choosing the payment and delivery method, you must confirm your order by clicking the “confirm order” button.
The contract is considered to have been concluded after you have received a confirmation of order receipt to your e-mail address, which you specified when ordering the product.
Main features of the product
All products that are displayed on the website of the web store are shown in pictures with the indicated available size and a possible choice of color/pattern or material, if this is available for the individual product.
Product photos on the website of the web store are illustrative in nature, and may not always fully correspond to the products that have been ordered.
The displayed product may differ from the received product due to various external factors, such as the type of monitor used by the customer when viewing/ordering the product, screen settings, color perception by an individual.
Product information (product description, price, etc.) offered on the website of the Mom`s pants store is subject to errors and irregularities in the operation of the website or other technical irregularities, therefore in case of obvious errors or malfunctions regarding the information about the products displayed on the page www.momspants.com The seller reserves the right to terminate the contract unilaterally.
Product prices
In accordance with the applicable legal regulations, the prices on the Mom`s pants web store are expressed in euros and, alternatively, kuna, and include VAT. The price indicated for an individual article refers to one piece of the product.
The seller can at any time reduce or increase the price of an individual product from his offer and he does not need to inform the customers beforehand. The seller is free to publish products from the promotional offer on his website at any time. The product will be delivered to the customer at the prices that were applied at the time of making the offer, i.e. at the time of the order.
The prices are valid until the new price list is processed. The customer pays the price valid at the time of ordering.
Method of payment
Several forms of payment for ordered products are available to our customers.
Corvus Pay by IBAN – Transactional payment directly via IBAN number. This type of payment can be used by Users who have a contracted Internet or mobile banking service in one of the banks to which CorvusPay is connected. The price of the transaction via the CorvusPay by IBAN method is the same as when paying via Internet or mobile banking
Payment by internet banking or general payment – In case of choosing this type of payment, the User will receive a proforma invoice with payment information and payment deadline to the entered e-mail address. In the event that the User does not pay for the order within the given period, it will be considered that he has abandoned it. The deadline for paying the order is 24 hours.
Payment by bank card (one-time) – This payment method allows payment through an internet browser using a supported bank account card. Mom`s pants accepts payment via the following cards:
Maestro Card
Master Card
Visa Card
MaestroPlus Card
Diners Card
Payment upon collection (cash on delivery)
If the customer chooses this type of payment, the ordered goods are paid directly to the delivery person in cash upon collection.
Online payment security statement
When paying on our web store, use CorvusPay – an advanced system for securely accepting payment cards online. CorvusPay ensures the complete secrecy of your card data from the moment you enter it in the CorvusPay payment form. Payment data is transmitted 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.
Also, the data is inaccessible even to employees of the CorvusPay system. An isolated core independently transfers and manages sensitive data, keeping it completely secure.
The form for entering payment data is secured with an SSL transport code of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all the requirements related to the security of online payments prescribed by the leading card brands, that is, it operates in accordance with the norm – PCI DSS Level 1 – the highest security standard of the payment card industry.
When paying with cards included in the 3-D Secure program, in addition to the validity of the card itself, your bank also confirms your identity using a token or password. Corvus Info considers all collected information as bank secret and treats it accordingly. The information is used exclusively for the purposes for which it is intended. Your sensitive data is completely safe, and its privacy is guaranteed by the most modern protection mechanisms. Only data necessary for the performance of work are collected in accordance with the prescribed demanding procedures for online payment.
The security controls and operational procedures applied to our infrastructure ensure the immediate reliability of the CorvusPay system.
In addition, by maintaining strict access control, regular security monitoring and in-depth checks to prevent network vulnerabilities, and planned implementation of provisions on information security, they permanently maintain and improve the level of system security by protecting your card data.
Product delivery
Shipping costs are not included in the product price. The products are sent throughout the Republic of Croatia, by the GLS delivery service. The delivery price is charged for all orders and amounts to EUR 4.13/HRK 31.08 plus VAT. The price of delivery of ordered goods for delivery abroad is:
AUSTRIA = 10.45 EUR/78.74 HRK plus VAT
BELGIUM = 12.77 EUR/96.22 HRK plus VAT
BOSNIA AND HERZEGOVINA = 45.22 EUR/340.71 HRK plus VAT
MONTENEGRO = 45.22 EUR/340.71 HRK plus VAT
DENMARK = 12.47 EUR/93.96 HRK plus VAT
FRANCE = 12.07 EUR/90.94 HRK plus VAT
GREECE = 19.68 EUR/148.28 HRK plus VAT
ITALY = 16.47 EUR/124.09 HRK plus VAT
MACEDONIA = 45.22 EUR/340.71 HRK plus VAT
GERMANY = 10.61 EUR/79.94 HRK plus VAT
SLOVENIA = 7.53 EUR/56.73 HRK plus VAT
SPAIN= 20.60 EUR/155.21 HRK plus VAT
SWEDEN = 17.59 EUR/132.53 HRK plus VAT
SWISS CONFEDERATION = 13.40 EUR/100.96 HRK plus VAT
GREAT BRITAIN = 15.83 EUR/119.27 HRK plus VAT
The delivery will be made in the shortest possible time, under regular circumstances, the delivery time is up to 5 working days (including the day when the package was picked up by the carrier).
On the mainland of Croatia, packages are delivered in every city and settlement on the next working day from the day of collection, and no later than within 5 days during working hours (between 8:00 and 17:00). Transit times to the islands can be checked with GLS Customer Service or on the GLS website. The second delivery attempt is free.
International delivery is from 1 to 7 working days, depending on the destination. Estimated transit times are informative and can be found on the GLS website.
The cost of returning purchased goods in case of unilateral termination of the contract is borne by the buyer.
If, when receiving the goods from the delivery person, you noticed external defects on the packaging (e.g. a wet box, torn, open packaging), please do not pick up such packages and inform us of the same without delay via the email address momspants@yahoo.com so that we can take action. further necessary steps.
If after receiving the order, the outer packaging of which is in good condition and undamaged, you find that the contents do not match your order, please contact the Seller as soon as possible via email at momspants@yahoo.com.
Return of goods / Right to unilateral termination of the contract
Every customer has the right, without giving a reason, to unilaterally terminate the contract concluded through the Mom`s pants online store within 14 days.
The specified term begins on the day of handing over the ordered goods to the customer, i.e. to a third party designated by the customer, who is not the carrier. If the customer has ordered several pieces of goods that are to be delivered separately, that is, if it is about goods that are delivered in several pieces/several shipments, the 14-day period begins when the last piece of goods is handed over to the customer/a third party designated by the customer , which is different from the carrier.
In order for the buyer to be able to exercise the right to unilateral termination of the contract, he must notify the seller about this before the expiration of the term for unilateral termination. The notification is submitted via the form for unilateral termination of the contract or via any other unequivocal statement by which the buyer expresses his will to terminate the contract, which is delivered to the seller’s e-mail address or via registered mail to the address of the seller’s headquarters. The form for unilateral termination of the contract is available at the following link: link
The completed form for unilateral termination of the contract or the statement is submitted by the consumer to the email address: moms.pants@yahoo.com
The seller will notify the buyer of the receipt of the form for unilateral termination of the contract/declaration without delay.
Refund to the customer after returning the goods
In case of termination of the contract, the seller and the buyer must return what they received under the contract. The seller returns the money received, and the buyer returns the goods.
In case of unilateral termination of the contract, the seller will return the funds paid for the purchased goods to the buyer within 14 days at the latest from the date of receipt of the notice/statement of unilateral termination of the contract.
If the buyer has already received the goods, the seller will return the paid funds to the buyer only after the goods are returned to him or after the buyer provides proof that he sent the goods back to the seller.
After the seller receives the goods, he is authorized to inspect them and, depending on the condition of the goods, approve the return of funds.
It is important to note that after the goods come into the possession of the buyer, i.e. after they are received by the buyer himself or by a person designated by him, who is not the carrier, the risk of accidental loss of the item passes to him and he is the buyer until the deadline expires. for unilateral termination of the contract, he is obliged to handle the goods with due care.
The buyer is responsible for any reduced value of the goods when the same is a consequence of the handling of the goods, except for that which was necessary to determine the nature, characteristics and functionality of the goods. The reduced value of the goods to the detriment of the seller may refer to the cost of repair, the cost of making new packaging, cleaning the goods, etc. The reduced value of the goods means that the seller loses the value of the goods in case of further sale because he cannot sell them as new, or that he would do so must invest funds.
If it is visible on the goods that they have not been treated with due care, i.e. that they have been damaged, that they have been worn, that they do not have packaging or labels, the rules on termination of the contract will apply, but the seller will reduce the amount of money that is returned to the buyer based on the contract on sales, in relation to the condition of the goods. The reduction in the value of the goods is assessed at each termination of the contract, especially according to the condition of the goods.
The funds will be returned to the buyer in the same way as the seller received them from the buyer, except in the case that the buyer expressly agrees to some other method of return of the funds, and in that case he will not be charged any additional costs.
If the buyer used the possibility of payment by the company, the seller will return the funds to the account number provided by the buyer at the request of the seller.
Return of goods by the customer in case of termination of the contract
In order for the buyer to realize his right to the return of the funds paid for the goods, he is obliged, in the case of exercising the right to unilateral termination of the contract, to return the goods to the seller without delay, and no later than within 14 days from the day on which he informed the seller that he wants to unilaterally terminate the contract through an appropriate form or an unambiguous declaration of termination of the contract. If the customer uses the statement, he must state in it the order number to which the statement refers and that he wants to use the right to unilaterally terminate the contract.
The goods that the buyer has already received, and which he wants to return to the seller based on the right to unilateral termination of the contract, must be returned unworn, undamaged, in the original packaging with the corresponding labels. After the seller determines that the goods are undamaged, unworn and in their original packaging, with appropriate labels – they will issue a refund.
The cost of returning the goods in case of unilateral termination of the contract is borne by the buyer. Also, Mom`s pants d.o.o. reserves the right to reimburse costs incurred in the process of returning goods that are not justified, i.e. when the delivered goods are the ones that were ordered and do not have any damage, defects or malfunctions.
The buyer cannot unilaterally terminate the contract related to the purchase of goods that are customized to the buyer in such a way that the goods are made according to the buyer’s specifications or that are clearly adapted to the buyer (eg made according to the buyer’s measurements). The right to unilateral termination of the contract is not applicable even in the case when the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery (e.g. underwear, swimwear).
Replacement of purchased goods
If the customer has bought the desired item, but the size does not suit him, it can be exchanged for another one of the appropriate size.
In order for a replacement to be possible, it is necessary for the customer to contact customer support via the e-mail address moms.pants@yahoo.com and request a product replacement. Upon receipt of the request, the customer service will check the availability of the desired product and notify the customer as soon as possible. If the product is available, the replacement will be possible after the customer delivers the product to the seller. Replacement is possible only if the product has not been used/worn and is damaged and if it is in the original packaging, including labels.
The exchange will not be possible if the desired product is not available in the requested size or the product that the customer originally ordered wants to be exchanged for another product. In these situations, the rules for unilateral termination of the contract apply.
Complaints/Material defects of goods
The provisions of the Act on Consumer Protection and the Act on Obligatory Relationships apply to handling cases of material defects.
Material defects can be, for example: tears on clothing, stains, missing part of clothing, damage to fabric, etc.
The seller is responsible for material defects that the item had at the time of the transfer of risk to the buyer (as a rule, the moment the item is handed over to the consumer) and for those material defects that appear after the transfer of risk to the consumer if they are the result of a cause that existed before that. The rights that belong to the buyer in the event that there are material defects in the item are repair, replacement, price reduction and termination of the contract.
In order to exercise his rights based on the material defects of the item, the buyer must notify the seller of the existence of visible defects within two months from the day he discovered the defect, and no later than two years from the transfer of risk to the consumer/buyer.
When there are no visible defects, i.e. in the case when, after receiving the item by the buyer, it turns out that the item has some defect that could not be detected during a normal inspection when taking over the item, the buyer is obliged, under the threat of losing his rights, to inform the seller about this defect within two months from the day he discovered the defect.
The seller is not responsible for defects that appear after two years have passed since the item was handed over.
If the buyer/consumer, at the time of concluding the contract, was aware of the defects of the item, i.e. was specifically informed about its features, and if he expressly and separately accepted this when concluding the contract that the item has these material defects, the buyer loses the rights that would have been given to him (the buyer purchases goods with an error, he was warned about the errors and wants to buy the goods) otherwise belonged based on the provisions of the law on material defects.
In case of doubt about the existence of material defects on the purchased product, the buyer has the right to complain to the seller in accordance with the Consumer Protection Act and the Obligatory Relations Act.
Complaints due to material defects of purchased products can be submitted in writing to the e-mail address moms.pants@yahoo.com or in writing to the following address: Moms pants d.o.o., Gajeva Ulica 44, 10000, Zagreb.
The seller will inform the buyer about receiving the complaint as soon as it is received and will consider the complaint. Within 15 days from the day of receipt of the complaint, the seller will clearly inform the Buyer whether he accepts the complaint or not and will state the reasons on which such action is based.
Alternative Resolution of Consumer Disputes (ARPS)
Any unsatisfied buyer of products from the Mom`s pants web store can resolve disputes alternatively, out of court via the European Commission’s online website at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main. home2.show&lng=HR
Through this site, customers are enabled to resolve disputes with merchants out of court with the help of an authorized dispute resolution body. The body that participates in the procedure of alternative dispute resolution is impartial and is not connected to any merchant. Its main task is to help consumers and traders resolve disputes peacefully outside of court. The merchant will be informed about the customer’s complaint through the platform. After the buyer and merchant agree on which body will resolve the dispute, the platform will automatically forward the dispute to the chosen body. The elected body must resolve the dispute within 90 days.