General terms and conditions

GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE AND WEB SHOP SERVICE

1. GENERAL TERMS AND CONDITIONS

1.1    These General Terms and Conditions regulate the use of the website of the company MBR and the use of the WEB SHOP service of the MBR Company by Users.

1.2    In these General Terms and Conditions, the terms in bold letters shall bear the following meaning:

Website means all web pages owned by MBR.

User means every person accessing the Website. The term User also refers to Registered User.

Registered User is every natural person with full business capacity, registered for the use of the WEB SHOP service on the Website.

WEB SHOP service is every service that enables Registered Users to purchase the MBR products through the Website.

1.3    By accessing the Website via appropriate technological means of access and by using the Website, the User undertakes to comply with these General Terms and Conditions and agrees to be subject to the provisions of these General Terms and Conditions.

2. LIMITATIONS OF USE AND LIABILITY

2.1   By accessing our Website, the User undertakes not to:

-   use the Website in any way that is contrary to the regulations currently in force;

-   place on the Website or distribute through the Website any content which is contrary to the regulations, including, but not limited to harmful, threatening, disturbing, vulgar, pornographic content, discriminatory content conducive to hatred and racial hostility or content which violates other people's rights and interests;

-    alter, delete or destroy any data on the Website;

-   use the Website to violate rights of third parties, including confidentiality, intellectual property rights or other rights or interests of third parties;

-   use the Website to send electronic mail contrary to these General Terms and Conditions;

-   post or share through the Website any illegal software, including, but not limited to viruses, spyware, Trojans, spams or the like.

2.2   Documents, data and information published on the Website may not be reproduced, distributed or in any way used for commercial purposes without an express consent of MBR, or in any way that may cause damage to MBR or any third party.

2.3   Documents, data and information published on the Website may be used only for the individual needs of Users, in full respect of all copyrights and property rights, and the rights of third parties.

2.4   By using the contents of the Website, the User accepts all risks arising from the use of the Website and agrees to use the contents of the Websites exclusively for personal purposes and at his/her own responsibility.

2.5   MBR waives any liability which may in any way arise from or in connection to the use of the Website, for any actions of Users arising from the use or misuse of the contents of the Website, 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 Websites.

2.6   The Website may include documents, data, information and links to other web pages created by third parties, which shall, to the extent that is necessary and possible, be marked as such. MBR has no control over the said documents, data, information or other web pages and fully waives any responsibility, including, but not limited to the accuracy, completeness and the availability of the contents of the web pages created by third parties. MBR waives all responsibility for any content of such third party web pages, and for any products or services acquired through such third party web pages. Such third parties shall not be deemed in any way connected with MBR solely on the basis of the link to the Website concerned.

2.7   MBR reserves the right to change the contents of the Website, the right to remove the Website, and the right to restrict access to the Website, without any prior notice, and shall not be held liable for any consequences which might arise from such changes, removal or restrictions.

2.8   MBR shall not be held liable for any consequences which might arise from the unavailability of the Website for any technical reasons.

2.9   MBR reserves the right to change the price of its products.

2.10   MBR reserves the right to prevent access to the Website, IP addresses or Users that engage in actions contrary to these General Terms and Conditions, and shall not bear any liability for this.

2.11.   MBR 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 WEB SHOP Service.

3   INTELLECTUAL PROPERTY PROTECTION

3.1   The User accepts that the entire contents of the Website are the exclusive property of MBR or its authorized persons.

3.2   Use of the Website provides the User with limited, non-exclusive, non-transferable and revocable permission to use the Website contents by browsing them for personal use.

3.3   MBR does not transfer to the User any rights in relation to the content of the Website, and prohibits the use of the contents of the Website other than in conformity with these General Terms and Conditions and the instructions on the Website.

3.4   The User is especially not entitled to download, duplicate, alter, edit, distribute, show, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate it in other web pages or media or use it in any way other than for personal home use, respecting the third party copyrights.

3.5   The User may be expressly permitted to download certain content from the Website. In such case, the User undertakes that such content shall be used exclusively for personal use, and that he shall in relation to such content fully comply with the provisions of these General Terms and Conditions, respecting the third party copyrights.

3.6   MBR is not liable for any breach of copyrights by the User for the purpose of uploading data to the Website, including photographs and documents, and shall upon invitation and based on the evidence on third party copyrights remove them from the Website as soon as possible. If Users upload data on which they have copyright, by doing this they allow that such data become exclusive property of MBR and MBR shall be entitled to use them for commercial purposes, without limitations and compensation.

4   PROTECTION OF PERSONAL DATA

4.1   Before access to certain Website contents, the Users shall be obliged to provide their personal data to MBR (User Registration). If the Users agree to provide such personal data, it shall be deemed that the Users agree to the terms of use of such personal data as specified by these General Terms and Conditions, under which certain persons are entitled to collect, use, process and transmit personal data for the purpose of using the Website.

4.2   By marking specific boxes on the Website, it is deemed that the User agrees to the collection, use, processing and transmitting of personal data necessary for the use of the Website, including, but not limited to:

-   the consent that MBR may process the personal data provided in accordance with the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that MBR may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and MBR, and preventing potential misuse;

-   the need to have better insight and understanding of the individual needs and requirements of Users, as well as to develop the best quality for all MBR services, to the satisfaction of Users;

-   providing data to other persons necessary for the performance of the above specified purposes;

4.3   MBR shall keep personal data for just as long as necessary for the purposes specified in these General Terms and Conditions. After the expiration of the said term, the personal data shall be destroyed, deleted or made anonymous in a way that ensures that the security of personal data is maintained.

4.4   MBR shall not disclose Registered User’s personal data to third parties.

4.5   MBR shall ensure that personal data are kept in a safe place, including reasonable administrative, technical and physical protection to prevent unauthorized use, access, disclosure, copying or changes to such personal data, accessible solely to authorized persons.

4.6   MBR shall enable Registered Users to have access to their personal data in its possession to make sure that the personal data are accurate, complete and updated. For all questions related to the use of personal data, Users may contact MBR directly.

4.8   If Users should request deletion of their personal data, MBR shall remove such data, but by doing so, they agree that access to certain content on the Website is to be disabled.

4.9   The User guarantees that the personal data provided are complete, true, accurate and up-to-date.

5   STATEMENT OF SECURITY

5.1   MBR uses the Pay Pall service which applies the most modern standards of data protection –The protocol used ensures that the data exchange between the Pay Pall system and the authorization centers of credit card companies is made over a private network that is protected from unauthorized access by a double-layer firewall.                  

6   USING THE WEB SHOP SERVICE AND USER REGISTRATION

6.1   Use of the WEB SHOP Service is available only to Registered Users who are of age and have full legal capacity, as confirmed by using the WEB SHOP Service.

6.2   The registration of users is carried out on the Website, where the User is obliged to enter specific personal or other data and accept the use of such personal data by marking the specified boxes in order to register.

6.3   Upon successful registration, the Registered User is assigned a user name and a password which are used to authorize the use of the WEB SHOP Service. The Registered User must keep his user name and password secret. If the user suspects unauthorized use of his user name and/or password, he shall be held liable for any costs incurred through the use of his user name and/or password up to the moment he notifies MBR through contacts published on the Website of his suspicions of unauthorized use. The user is also responsible for all non-permitted activities authorized and carried out under his user name and/or password.

6.4   By registration, the user confirms and declares:

-   that he fully accepts these General Terms and Conditions, especially in the part relating to the WEB SHOP Service;

-   that the provided personal data is complete, accurate, true and up-to-date;

-   that he grants to MBR the express consent that MBR may process the personal data provided pursuant to the provisions of the Personal Data Protection Act for the purposes of its own records and providing of other services, creating customer databases, informing of new products and services, and improving of services, and that MBR may provide such data to third parties for the purpose of performance of the service, protecting the interests of Users and MBR, and preventing potential misuse;

7   CHOOSING AND ORDERING (BUYING) PRODUCTS

7.1   The Registered User hereby accepts that the purchase through the WEB SHOP Service is carried out in a way that the Registered User buys products available through the WEB SHOP Service, designated as "Products" or “Articles”in a way to choose them based on a picture, identification number and/or designation and basic description of the product.

7.2   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, MBR does not guarantee that the colors of products are identical to the colors that the User sees on his computer screen.

7.3   Products are ordered by electronic means. Once he has ordered the product, the User becomes the Purchaser. Upon clicking on the "Add to Basket" icon, the selected product is placed into the virtual consumer Basket. In the Basket Purchaser may change the quantity of articles (bought products) or remove the chosen products.

7.4   To proceed with the process and buy the chosen articles, it is necessary to click on "Purchase”where the selected articles are located.

7.5   Products are regarded as ordered at the moment the Registered User (Buyer) completes the ordering process. Upon completion of the payment process, a notice and the invoice of your order will be sent to the e-mail address you provided to register as the User (Buyer).

7.6     You will receive a dispatch notification upon the shipment of your order.

7.6   If MBR is not able to deliver a particular ordered product, the Buyer shall be contacted by e-mail within 5 business days and informed thereof. The Buyer may cancel the ordered product and request a refund or a replacement.

8   PRICES OF PRODUCTS BOUGHT THROUGH THE WEB SHOP SERVICE

8.1   The prices of products are shown in US $, and include value added tax pursuant to the laws applicable in the territory of the Republic of Croatia, i.e. where the registered office of MBR is located.

8.2   MBR may offer group or individual discounts purchases through the WEB SHOP Service which may be limited to a specific time period or for the purpose of particular sales, that is a particular product type, group or category (brands). The products with discounts shall be clearly marked along with the discount for that particular product.

8.3   MBR reserves the right to change the prices of products until the moment the purchase is confirmed.

8.4   By confirming the purchase, Registered Users complete the purchasing process through the WEB SHOP Service. The purchase contract is made at the moment of payment receipt.

8.5   Shipping charges for purchased products are not included in the price of products specified on the Website.

9   PAYMENT FOR PRODUCTS THROUGH THE WEB SHOP SERVICE

9.1   Registered Users may pay for products by Pay Pal service.

9.2   Only after a successfully completed authorization will the Registered User be able to perform or continue with the purchase through the WEB SHOP Service. In the case authorization is not obtained, the purchasing process is terminated.

9.3    The Registered User shall receive a confirmation by electronic mail or Website whether the authorization was successful or unsuccessful. The Registered User is responsible for the accuracy of the data stated in the course of using the WEB SHOP Service, which must be complete, accurate, true and up-to-date.

10   PRICE, TIME AND MANNER OF DELIVERY OF PURCHASE THROUGH WEB SHOP SERVICE

10.1   Delivery of products is possible worldwide.

10.2      Delivery price does not include the costs of import clearance, fees and other administrative and tax charges (PDV, VAT, DDV or the like) in the country to which the goods are delivered. The registered User (Buyer) assumes the import clearance duty and bears the costs of fees and other administrative and tax charges.

10.3     After MBR confirms an order and if the delivery is due on non-working days, within 48 hours, the delivery period starts and the purchased products shall be delivered to the Registered User within the following deadlines:

-       up to 7 business days for the area of the Republic of Croatia,
-       up to 12 business days for the area of Europe,
-       up to 20 business days for the areas outside of Europe,

10.4   The given times are based on delivery to capital cities; please allow extra time for delivery to regional and remote areas.

10.5    In case of a foreseen delivery delay due to force major and/or fault which cannot be attributed to MBR if for any reason the Registered User (Buyer) is not available at the contact number he provided upon registration in order to be informed about this, MBR is not responsible forthe delay of delivery.

10.6   The delivery to the user will be made at the provided Shipping address, and if the Registered User (Buyer) is not found or does not receive the delivery at the address provided as the address of delivery, a notice shall be left with the number that he can contact, or the delivery may be taken over by a third party (an adult member of the household, person authorized by the Registered User) on presentation of a document for personal identification.

10.7      The Registered User shall examine the parcel upon takeover, report any visible damage directly to the courier, and refuse to accept a damaged parcel. 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.

10.8   If the Registered User refuses to accept a parcel, because of established and visible damages on the packaging used for transport, he is obliged to fill out a form provided by the courier service regarding damaged parcels, and contact MBR by electronic mail or telephone within 8 (eight) days and state whether he/she wants a replacement or a refund. Upon receipt of a returning parcel and the corresponding form, MBR undertakes to perform a new delivery within the prescribed delivery period on request of the Registered User if a product concerned is available on stock with MBR, and if the said product needs to be ordered from the supplier, the specified period shall be prolonged for the period needed for the supplier’s delivery without additional charges for the delivery or MBR shall make a refund, in line with the request of the Registered User.

11   RETURN AND COMPLAINTS REGARDING PRODUCTS PURCHASED THROUGH THE WEB SHOP SERVICE

11.1   Within 14 (fourteen) calendar days of the date of delivery of a product, the Registered User is entitled to file a complaint concerning the product purchased and/or to return a product, without stating a reason. Based on a request for return or replacement, MBR shall refund the amount paid to the account of the Registered User stated in the request, or replace the product with a new one within 30 (thirty) days of the date of receipt of a returned product to the address stated on the complaint form.

11.2   The Registered User shall announce the return of products purchased in the complaint form which will be provided by contacting MBR at shop@brokenships.com.  

11.3   Delivered products shall be returned by delivery to the address Registered User stated in the complaint form. The cost of returning a product is borne by MBR.

11.4   The Registered User is obliged 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.

11.5   If a mistake should occur during the packing of ordered products and the Buyer does not receive the product he/she ordered, but some other product, he/she shall report the mistake by using the complaint form within 7 (seven) business days. In such case, the User must return the product which was wrongly delivered at the cost of MBR, which undertakes to deliver the ordered product or make a refund (in line with the request of the User) within 15 (fifteen) days of the day on which the wrong article was received.

11.6   If the User does not receive the product he ordered and paid for, he shall report it within 7 (seven) calendar days of the expected arrival of the ordered product in the complaint form or through contacts published on the Website. MBR shall establish within the said term what happened to the parcel referred to in the complaint, and inform the User of actions taken further to the complaint.

12   OTHER CONDITIONS OF THE WEB SHOP SERVICE

12.1   MBR shall not be held liable for any damage that might be incurred to the Registered User and third parties as a result of unauthorized use of the user name and password or in connection with such use, or any damage that arises from the use or misuse of the WEB SHOP Service, provided that the damage is not attributable to MBR.

12.2   MBR is not liable for any damage that might arise from an interrupted Internet connection while using the WEB SHOP Service.

12.3   Use of the WEB SHOP Service shall be governed by the provisions of the applicable Electronic Commerce Act and other laws and regulations relating to the rendering and use of such Services.

12.4   Use of the WEB SHOP Service shall be governed by the provisions of the Consumer Protection Act in force.

12.5   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.

13   AMENDMENTS TO THE GENERAL TERMS AND MISCELLANEOUS

13.1   MBR reserves the right to amend these General Terms and Conditions without prior notice. Registered Users shall review the General Terms and Conditions in force each time they use the Website, and in particular the WEB SHOP Service. The General Terms and Conditions in force shall be published on the Website.

13.2   The General Terms and Conditions in force at the time of receiving the price for the ordered product shall apply to the use of the WEB SHOP service.

14   STATEMENT OF JURISDICTION

14.1   Any and all disputes which might arise from these General Terms and Conditions shall be settled before the competent court in Zagreb (Republic of Croatia).

14.2   In case of a dispute the governing law is the substantive law of the Republic of Croatia.

MBR Kolektiv d.o.o., Zagreb, Cirilometodska 2

INFORMATION ON PRODUCTS AND SERVICES

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 and delivery and other handling costs affecting the product price.

DATA ON THE POINT OF SALE

MBR kolektiv d.o.o.
Cirilometodska 2, Zagreb
T. +385 1 4851 021+385 1 4851 021
Email. Shop@brokenships.com

Call Send SMS Add to Skype You'll need Skype CreditFree via Skype