Terms of use

WELCOME

Welcome to the www.thePoplar.net web site. We urge you to read these Terms and Conditions carefully before using www.thepoplar.net web store. When purchasing our product via online shopping or when visiting these web pages, we find you in accordance to the Terms and Conditions, if not, Prototip d.o.o. does not accept any responsibility for your purchase. In case you are not in accordance with our Terms and Conditions do not use this web site.

TERMS

The Seller is Prototip d.o.o. /LLC/. Poplar® is a registered trademark owned by Prototip d.o.o. /LLC/. Poplar web shop or web site is the web page www.thepoplar.net owned by the Seller. Online shopping is purchasing products via Poplar web shop. The product are all products seen on Poplar web shop, which are possible to buy online. Using Poplar web shop implies using www.thepoplar.net web shop. A User of Poplar web shop is any person accessing www.thepoplar.net web page. The term 'user' includes the term 'customer'. The Customer is every person who, after browsing and selecting the products, completes the registration and orders a product. The offer accepted is the one on which the payment is made. The purchase contract is made between the Seller and the Customer when the Customer pays for the merchandise.

USE OF SITE

Harassment in any manner or form of the site, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including The Seller or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Please note that you must be 18 years or older to register with the site and to purchase goods from the site. By registering to use the site you warrant that you are aged 18 years of age or older. By using the contents of the web site, the User accepts all risks arising from the use of the web site and agrees to use the contents of the web sites exclusively for personal purposes and at his/her own responsibility.
The Seller waives any liability which may in any way arise from or in connection to the use of the web site, for any actions of Users arising from the use or misuse of the contents of the web site, and for any damage that may arise for the User or any third party in connection with the use or misuse of the contents of the web sites.

REGISTRATION

The Customer has to be a person of age and person with business capacity. Upon registration the Customer states that he/she is over 18 years old. In case of minors or persons without business capacity transactions may be performed only on their behalf by their legal representatives, whereas persons with partial business capacity may perform transactions only with consent of their legal representative. The Seller is not responsible for any actions that do not succumb to this article. Users of Poplar web shop have to provide true and complete personal data while completing the registration form, if not, the Seller can deny access and refuse to provide service offered by Poplar web shop to that User. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify The Seller of any unauthorized use of your password or account or any other breach of security. The Seller cannot and will not be liable for any loss or damage arising from your failure to comply with this article. You are not allowed to use another User’s account without permission.

PRIVACY POLICY

The Seller pledges that it will respect the privacy of its Users and that it will neither transfer any information to a third party, only will use the e-mail address for sending the special offers and newsletters from the Seller to a client. The Seller will immediately erase this address from the newsletter list, if client insist. All information is kept confidential and is only available to those employees and business partners who require the information to complete their job duties.

ORDERING

Online shopping can be made only if the Customer is registrated through the registration form on the Poplar web shop. While completing the registration form the Customer is obligated to provide exact, current and complete personal data. The Customer is authorized to select the option to be informed on new products, sales etc. (newsletter).  After successfully completing the registration form (all required data provided in the appropriate way) the Registered User will be given a username and a password for authorization of use of Poplar web shop. The products that are available are advertised on Poplar web shop. Every product shall have indicated the exact name, identification number and/or product designation, main features, retail price including all taxes and other duties, the purchase price in Croatian Kuna (HRK) and delivery and other handling costs affecting the product price. Prices can be viewed in Euro (EUR) and U.S. dollar (USD) by choosing on the conversion button. The products are ordered via shopping cart and are irrevocable. The Seller is obligated to deliver all ordered products in stock. The purchase contract between the Customer and the Seller is concluded at the moment of payment. In case the Seller is unable to deliver any of the ordered products, he will contact the Customer by e-mail and/or by phone regarding the substitute product or the cancellation of the ordered product with full refund. All other ordered items will be delivered. The Registered User hereby accepts that the purchase through the Poplar web shop service is carried out in a way that the Registered User buys products available through the web shop, designated as "Products“ in a way to choose them based on a picture, identification number and/or designation and basic description of the product. Products are ordered by electronic means. Once he/she has ordered the product, the User becomes the Purchaser. Upon clicking on the "Add to bag" icon, the selected product is placed into the virtual shopping cart. In the cart Purchaser may increase or decrease the number of products, delete or change the chosen products. To proceed with the process and buy the chosen products, it is necessary to click on "finish shopping” where the selected articles are located. In order to quit the product purchase click “delete“. Products are regarded as ordered at the moment the Registered User (Customer) completes the ordering process. Upon completion of the ordering process, a notice will be sent to the e-mail address you provided upon registration as the User (Customer), confirming the receipt of your order. All contracts are concluded in Croatia.

PRICES

The prices of all products which are purchased in Croatia contain the statutory Value Added Tax. The prices of all products purchased abroad and sent abroad are exempt from paying VAT according to article 13 paragraph 1 The Value Added Tax Law. The Seller is authorized to change prices without previous notice. Also, the Seller is authorized without previous notice at any moment declare a discount, daily or weekly sales, sales on a particular product, group of products and/or all products. Regardless of the previous paragraph of these Terms, all ordered items will be delivered according to prices on the accepted offer. The delivery charge is not included in the price of the product and can be found in the Delivery chapter.

CONVERSION STATEMENT

All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro (EUR) or U.S. dollar (USD) into Croatian Kuna (HRK) according to the current exchange rate of the European Central Bank (ESB). When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.

PAYMENT

Payment can be made:

online via CREDIT CARDS; American Express® single payment or on installments, Master Card® single payment, Maestro® single payment and Visa single payment.

   

The payment is considered to be completed at the moment of receiving authorization by the credit card company that issued the card.

SECURITY OF PAYMENT

Entering personal data and credit card number is protected by SSL protocol 128-bit encryption which provides WSpay system for online authentication of credit cards. Authorization and payment of credit card works through PBZ Card WSpay using the system for authorization and payment card in real time. Sites where credit card data is entered do not memorize User input and credit card numbers are not stored in the database.

    

DELIVERY

Orders ship from Monday to Friday from our warehouse in Croatia. Orders placed on holidays or weekends will begin processing the next business day. If items in your order are out of stock we'll notify you by e-mail and give you your money back or offer a substitute product. The delivery deadline starts from the moment when the credit card is authorized.

  Zone Delivery time Prices
Croatia 1 1-3 days 0,00 HRK
Europe 1 2 3-7 days 80,00 HRK
Europe 3 3-7 days 90,00 HRK
Canada and USA 4 5-12 days 290,00 HRK
Others 5 5-12 days 390,00 HRK

 

The Seller does not guarantee the time of delivery, the time of delivery in the table is calculated approximately. Countries by zones are stated on the web site in the delivery chapter. The price of delivery in Croatia contains VAT, the items that are sent abroad/international delivery are exempt of paying VAT. Delivery price does not include the costs of import clearance, fees and other administrative and tax charges in the country to which the goods are delivered. The registered User (Customer) assumes the import clearance duty and bears the costs of fees and other administrative and tax charges. In case the Seller cannot deliver the merchandise in the said deadline, he will notify the Customer and arrange a new delivery date. In this case the Customer also has the right to a breach of contract. The products will be folded and packed in a way that they cannot be damaged by manipulation during transport. In case of a foreseen delivery delay due to force majeure and/or fault which cannot be attributed to The Seller and if for any reason the Registered User (Customer) is not available at the contact number he provided upon registration in order to be informed about this, the Seller is not responsible for the delay of delivery. The delivery to the User will be made at the address for delivery provided upon User (Customer) registration. The Registered User shall examine the parcel upon takeover, report any visible damage directly to the courier. By signing the delivery notification and receiving the invoice, the Registered User confirms that he/she examined the product on takeover and that he/she does not have any complaints regarding the condition of the transport packaging. If the Registered User fails to take over the product or refuses to take over the product without a justified reason or refuses to fill out the forms, The Seller reserves the right to demand compensation of the expenses incurred.

RETURNS & EXCHANGES

Within 14 (fourteen) working days of the date of delivery of a product, the Registered User is entitled to return a product without an explanation or file a complaint concerning the product purchased or to return a product, if at the time of takeover of the product he/she establishes defects on the product. The Registered User shall announce the return of purchased products by email entering his personal data, order number and other data connected with the purchase. Based on a request for return or replacement, The Seller shall refund the paid amount to the account of the Registered User stated in the request or replace the product with a new one within 14 (fourteen) days from receiving the product in question, to the address stated on the complaint. Delivery Charges are non-refundable. The cost of returning a product is borne by the Registered User. The Registered User is obligated to return the product delivered in the condition in which it was delivered (unworn) and in its original packaging (commercial packaging in which the product was delivered) with enclosed invoice. If it is established beyond doubt that a complaint regarding a particular product is not justified or that the defects occurred as the result of inadequate handling or use, the Seller is not obligated to make a refund or provide a replacement. The product returned under complaint shall be returned to the Customer at his/her cost, with a written statement of reasons for denial of the request for return or replacement. If the request for a refund or replacement is justified, the cost of redelivering the product shall be borne by The Seller. If a mistake should occur during the packing of ordered products and the Customer does not receive the product he/she ordered, but some other product, he/she shall report the mistake by sending the complaint email within 14 (fourteen) work days. In such case, the Customer must return the product which was wrongly delivered at the cost of The Seller, which undertakes to deliver the ordered product or make a refund (in line with the request of the Customer). New product ships within 14 (fourteen) days of the day on which the wrong article was received to the address of the Registered User according to the deadlines and terms of delivery named in the chapter on product delivery. If the User does not receive the product he ordered and paid for, he shall report it within 14 (fourteen) work days of the expected arrival of the ordered product in the email. The Seller shall establish what happened to the parcel referred to in the complaint, and inform the User of actions taken further to the complaint. Complaint emails send on shop@thepoplar.net

CHANGES TO THE WEB SITE

The Seller is authorized to change the content of these Terms and Conditions, list of products, prices, other information related to the Poplar web shop as all other Poplar web shop content without previous notice, which is why Poplar web shop Users are obligated to check it's content every time they visit the web site. Not doing so relieves the Seller of every responsibility.

INTELLECTUAL PROPERTY

The Seller provides all services on Poplar web shop only for personal and non-commercial use. Changing the content of Poplar web shop in any form is prohibited as is copying, public display and so on. The use of Poplar web shop content on other web pages is strictly forbidden. The Seller can give permission for publishing parts of Poplar web shop to a third person only in the case that the third person has signed a contract proscribing the rules and commitments of both the Seller and the third party that is publishing the information. The entire content of Poplar Site is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content. Do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Seller reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site. Poplar® is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Seller. We have sole copyright on all goods, samples and graphic representations supplied or made available by us. The purchaser is expressly forbidden from making copies of these or allowing copies to be made.

THIRD PARTY LINKS

When Poplar web shop makes other web pages available through different links, they are not owned by the Seller and these Terms and Conditions are not applied to those web pages. The Seller does not control that web pages and does not take any responsibility for any of the links or for their content. Clicking on these links is completely on your own responsibility.

OTHER

The Seller waives any responsibility for any damage that might have been caused to the devices that make access to Poplar web shop possible and the data saved on these devices during the use of Poplar web shop in case the damage was made by illegal actions from a third person, a computer virus etc. Also, the Seller waives any responsibility for any circumstances that make using Poplar web shop impossible. The pictures of products are only illustrative, and are not always and in all detail identical to the products actually available. In view of the possibility of individual adjustments to the computer screen, differences in the way in which the human eye might perceive the color of products and the like, the Seller does not guarantee that the colors of products are identical to the colors that the User sees on his computer screen. The details with regard to sizes quoted in our web shop are not subject to any standards. The same applies to the size details quoted on the garment labels. Drawing certain conclusions with regard to measurements and sizes on the basis of these details is not possible and do not constitute any grounds for complaint. Small discrepancies with regard to quality, color, shape, processing, width, weight, design and features that are usual in the trade or are unavoidable for technical reasons give no entitlement to lodge a complaint and do not lead to claims under the warranty. The information of the Poplar web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. In the event Poplar product is listed at an incorrect price due to typographical error or systems error, the Seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Seller shall issue a payment to your credit card account in the amount of the incorrect price.

LIABILITY STATEMENT

This web page as well as materials and products on this page are represented 'as is' and without any warranties of any kind, stated or implied up to the maximum measure provided by the law that refers to it. The Seller waives any responsibility that is in any way connected to the use of internet pages within the www.thepoplar.net domain, as well as any user activity that is connected to the use or misuse of the content of these internet pages, and any damage that can come out of the usage of the content of these internet pages to the user or any third party person. The Seller does not guarantee that the functions contained in this web site will be uninterrupted or without errors, that the errors will be corrected, or that this web page or the server that makes it available will be without viruses or other harmful components. The Seller does not guarantee for the use of the materials on this web page regarding their accuracy, adequacy, usage, reliability and other. The Seller will not be responsible for any special or consequential damage that come out of the use of materials on this web site or product, even if The Seller is notified about these possible damages.

INDEMNIFICATION OF DAMAGE

You agree that you will reimburse damages, defend and hold Prototip d.o.o. not responsible from and against all losses, expenses, damages and fees, including reasonable lawyer’s fees, which result from violating these Terms or any other activity connected to your account (including careless and wrongful behavior) by you or by any other person using Poplar web shop through your user account.

STATEMENT OF JURISDICTION

Any and all disputes which might arise from these Terms and Conditions shall be settled before the competent court in Split (Republic of Croatia). In case of a dispute the governing law is the substantive law of the Republic of Croatia.

DATA ON THE POINT OF SALE

Prototip LLC for design and garment manufacturing 
(Prototip d.o.o. za modni dizajn i proizvodnju odjevnih predmeta)
Bana Berislavića 5, 21 000 Split, Croatia
M. +385 919772277,
E. prototip@thepoplar.net
Management Board: Maja Peruzović
Personal Identification No. (OIB) 82785282606
Company Reg. No. (MBS) 060276461
IBAN: HR2623400091110506395 Privredna banka Zagreb
Decree on company registration Tt-11/5513-2 Commercial court of Split, paid up share capital in the amount of 20,000.00
 

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