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BASIC SELLER INFORMATION
Company name: Perleraj d.o.o.
Registered office: Ulica Republike Austrije 9, Zagreb
Business bank and IBAN: HR8723600001102312430, Zagrebačka banka d.d.
OIB: 64436673944
MB: 02943506
Phone number: +385 952018531
Persons authorized to represent the company: Katarina Radnić Zmazek
E-mail address: info@cloudandcojewelry.com
The business terms and conditions of Perleraj d.o.o. have been prepared in accordance with the applicable Consumer Protection Act, the Electronic Commerce Act, the Civil Obligations Act, and other applicable regulations of the Republic of Croatia.
These General Terms govern the relationship between the Customer and the Merchant regarding the terms and method of ordering products, product prices, terms and methods of payment, warranty conditions for conformity of the sold item, the Customer’s right to submit a written complaint regarding the Merchant’s products and services, the right to terminate the contract, product delivery and other services offered by the Merchant, protection of personal and other data, and other matters important for concluding a contract via the website www.cloudandcojewelry.com.
These General Terms apply to all sales contracts concluded between the Merchant and the Customer via the website www.cloudandcojewelry.com.
Cloud&Co. reserves the right to amend the Terms and Conditions at any time. All amendments will be published on the website www.cloudandcojewelry.com and will enter into force upon publication on the website. Any amendments to the Terms shall apply to purchases made after the publication of such amendments.
After an order is placed, these General Terms will be delivered to the customer by e-mail as content and/or an attachment, and they are available to users at any time in a manner that enables saving, reuse, and reproduction. After an order is placed, the customer will also receive a form for unilateral termination of the contract, which is also available on the website www.cloudandcojewelry.com.
GENERAL INFORMATION
Users and customers are required, before using the website www.cloudandcojewelry.com (hereinafter: the website) owned by Cloud&Co., to familiarize themselves with the website’s General Terms and Conditions. If they have additional questions or uncertainties regarding these General Terms and Conditions, they may contact the e-mail address info@cloudandcojewelry.com
By accessing the website or using any part of its content, the user accepts the website’s General Terms and Conditions, as well as all other rules and terms of use of the website and the services provided through it. Users agree not to use the website in a way that harms the authors or third parties and accept all risks associated with using the website and its services. If the user does not agree with the above, they must stop using the website and the services provided through it.
The content of the website is protected by copyright. Modifying, lending, selling, or distributing the content is possible only with the prior written permission of Cloud&Co.
Cloud&Co. enables use of the website in the best possible way. This includes: monitoring server operation, expanding capacity according to the number of users, user support, and устранing any errors and issues in system operation. Cloud&Co. assumes no responsibility for any problems in the operation of the pages and services. Cloud&Co. cannot guarantee that use of the website will be uninterrupted or error-free. The user agrees that access to the website may occasionally be interrupted or temporarily unavailable.
Users use the website at their own risk.
Cloud&Co. is in no way liable for any damage that the user may suffer by using the website www.cloudandcojewelry.com. Authors and other natural or legal persons involved in the creation, production, and distribution of the www.cloudandcojewelry.com website are not liable for any damage resulting from the use or inability to use it.
Cloud&Co. reserves the right to deny access to the website to any user who uses the website www.cloudandcojewelry.com in a manner that jeopardizes resources and services as a whole. Improper use of the website www.cloudandcojewelry.com is prohibited and results in termination of access to it.
The user must keep the data of their user account confidential and is fully responsible for any damage arising from unauthorized use of their user account.
Cloud&Co. reserves the right to amend or supplement the General Terms and Conditions at any time. Changes enter into force on the day of publication on the website. Continued access to the website or use of any part of its content will be deemed acceptance of the amended or supplemented General Terms and Conditions. Cloud&Co. advises periodic review of the General Terms and Conditions to become acquainted with any changes.
Cloud&Co. reserves the right at any time and without prior notice to modify, supplement, or discontinue any part of its business, including the website, i.e., any part of it, services, subpages, or services provided through them. This right includes, but is not limited to, changing the availability time of content, availability of new data, transfer methods, as well as rights of access to or use of the website.
It is the duty and obligation of the user to use the website in accordance with applicable regulations and general moral and ethical principles. Cloud&Co. has the right at any time to monitor the content of the website to ensure compliance with the General Terms and Conditions and applicable regulations. Amendments to the General Terms and Conditions are valid immediately upon publication on the website.
The Customer must review the General Terms and Conditions before using the website.
WHO IS THE CUSTOMER?
A Customer is any adult and legally capable person who, via the website www.cloudandcojewelry.com, orders and pays for at least one product, thereby concluding a distance sales contract. A contract on behalf of and for the account of minors and persons completely lacking legal capacity may be concluded by their legal representatives or guardians. Persons with limited legal capacity may conclude a contract only with the consent of their legal representative or guardian. The Merchant bears no liability for actions contrary to this provision.
Legal entities as customers are subject to the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the part relating to:
The Seller may, at its discretion, grant a legal entity in a specific case the rights that a consumer customer has.
MAIN CHARACTERISTICS OF PRODUCTS
The Customer becomes familiar with the main characteristics of products on the website www.cloudandcojewelry.com.
Cloud&Co. reserves the right to change information, including product prices and promotional offers on the website, without prior notice. Alongside the product image there is a description of the main characteristics of the product. Prices, payment terms, and promotional offers are valid exclusively at the time of ordering and/or payment.
CONTRACT CONCLUSION PROCESS
Purchases are made on the website www.cloudandcojewelry.com by completing the designated form. When completing the form, the customer must enter all data requested. A purchase can be completed upon the customer’s confirmation that they have read and understood the General Terms and Conditions, that they accept them, and that they are aware this is an order with an obligation to pay.
Purchases are possible 24 hours a day, 7 days a week. Cloud&Co. is not responsible for costs of computer equipment and telecommunications services required to access the service. The customer will be notified by e-mail about order confirmation and shipment.
If Cloud&Co., for any reason, is unable to deliver any of the ordered products, an employee of Cloud&Co. will contact the customer by phone or e-mail in order to agree on delivery of a replacement product or possible cancellation of the ordered product.
Purchases are made by ordering available products selected by the customer based on the photograph and basic description. Photographs are illustrative and may not always correspond in all details to the available products. The purchase is completed in a few simple steps from the comfort of the customer’s home, from anywhere in the world.
Product searches are possible by various criteria. By entering a certain term in “Search”, products related to that term will appear. The customer may select a product of interest and read the available product description to decide independently whether the product meets their needs. The customer selects products from the product catalog of Cloud&Co., organized by product categories.
Product ordering is performed electronically. By clicking the “Add to cart” icon, the selected product is added to the cart. Adding a product to the cart does not mean the product is reserved, ordered, or purchased. The customer may continue adding products by clicking “Continue shopping” or complete the product selection by clicking “Proceed to checkout”. By clicking “Proceed to checkout”, the customer may enter a gift voucher or coupon if they have one. Once the customer completes the selection process by clicking “Proceed to checkout”, they will be redirected to a page where they choose the payment method, delivery method, enter a gift voucher or coupon if they have one, and add additional notes if any. The purchase cannot be continued without checking the box “I have read and agree with the general terms and conditions of the website.” By checking this box, the customer confirms that they have read and understood these General Terms and Conditions. By clicking “Change cart contents”, the customer may modify the cart contents. If the customer agrees with the purchase of the products in the cart, they may click the “Order” icon. After the customer submits the order by clicking “Order”, the seller will send the General Terms and Conditions to the customer’s e-mail address together with an order confirmation and the order number, confirming that the customer’s order has been received and is being processed.
The sales contract is concluded at the moment of acceptance of the customer’s offer.
The seller will send the customer a confirmation of the concluded sales contract to their e-mail address.
The consumer, as the customer, concludes a distance sales contract with Perleraj d.o.o. (hereinafter: Cloud&Co.) as the seller.
The conclusion of a sales contract via the websitewww.cloudandcojewelry.com is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of European Union directives, and constitutes a distance contract.
These General Terms and Conditions also represent pre-contractual information and relate to the conclusion of a sales contract where the customer is a consumer, i.e., any natural person who concludes a legal transaction or acts on the market outside their trade, business, craft, or professional activity, and where the contract is concluded between a trader and a consumer within an organized sales or service provision system without the simultaneous physical presence of the trader and the consumer in one place, and where up to the moment of concluding the contract and for the purpose of concluding the contract, exclusively one or more means of distance communication are used.
Means of distance communication include all means that can be used to conclude a distance contract without the simultaneous physical presence of the trader and the consumer, such as the Internet and electronic mail.
If the customer does not receive the ordered products they have paid for within 10 business days (Saturday, Sunday, and holidays excluded) from the completed payment, or within 10 business days (Saturday, Sunday, and holidays excluded) from the conclusion of the sales contract with agreed payment upon delivery, they must notify Cloud&Co. by e-mail at: info@cloudandcojewelry.com.
If the customer has not received a purchase confirmation by e-mail within 72 hours or it is not possible to access the service in the manner stated in the e-mail, they must contact the seller at the e-mail address: info@cloudandcojewelry.com.
If Cloud&Co., for any reason, is unable to deliver any of the ordered products, an employee of Cloud&Co. will contact the customer by phone or e-mail in order to agree on delivery of a replacement product or possible cancellation of the ordered product.
In the event of failure to collect a shipment without justified reason, the seller may request reimbursement from the customer for the actual delivery costs incurred.
In case of issues or uncertainties during ordering, the customer may contact Cloud&Co. at the e-mail address: info@cloudandcojewelry.com.
PRODUCT PRICE AND PAYMENT METHODS
The customer undertakes to pay for the ordered products using one of the following payment methods:
One-time payment by credit or debit card – online payment directly via the internet, using a card payment service: Visa Electron, MasterCard, Maestro, and Visa.
Payment by bank transfer – to the customer’s e-mail address provided in the order, the data required for payment are sent, including the account number to which the customer must pay the order amount. The customer may make payment via internet banking or by payment at a bank branch, post office, FINA, etc. After receipt of the customer’s payment, the ordered items are shipped to the address specified in the order.
Cash on delivery (upon receipt of the shipment) – allows the customer to pay the order amount to the courier upon delivery to the address. Cash on delivery is made exclusively in cash (available only for Croatia).
DELIVERY
The sales contract is concluded at the moment of acceptance of the customer’s offer, and the product will be dispatched within 5 business days (Saturday, Sunday, and holidays excluded) after receipt of payment of the purchase price, except for cash on delivery payments.
If the customer chooses cash on delivery, the sales contract is concluded at the moment of acceptance of the offer, and the product will be handed over to the delivery service within up to 5 business days (Saturday, Sunday, and holidays excluded) after the sales contract is concluded.
*Note: delivery time may deviate from the stated period during certain times of the year; as an example, we mention periods of high order volumes such as Black Friday, Christmas, etc. In that case, we ask for your understanding, and we will additionally inform customers on our website.
The product will be delivered to the customer within the territory of the Republic of Croatia within 7 business days (Saturday, Sunday, and holidays excluded) from the moment of purchase, except for deliveries to Croatian islands. Delivery to Croatian islands is carried out according to the following table:
Delivery to Croatian islands not listed in the table above is carried out via Croatian Post, no later than within 10 business days (Saturday, Sunday, and holidays excluded).
Delivery timeframes are informative and do not constitute an essential element of the contract.
The customer must request an R1 invoice when completing the order; subsequent requests for an R1 invoice will not be accepted.
If payment is made by bank transfer (payment order or internet banking), the customer must use the payment details received by e-mail from the seller. In order to process the order, the customer must provide the seller with proof of completed/processed payment to the e-mail address: info@cloudandcojewelry.com; otherwise, the seller will not be obliged to send the ordered product.
The agreed purchase price includes all taxes and duties and is expressed in euros.
Please note that the means of payment in the Republic of Croatia is the euro, and the customer bears the currency conversion cost.
DESCRIPTION OF PRODUCT DELIVERY METHOD AND DELIVERY COSTS
Orders are delivered by Cloud&Co. within the timeframes stated under “Product price and payment methods”. Product delivery is carried out by the GLS delivery service.
Cloud&Co. checks the correctness of the ordered product before each delivery.
Delivery costs are fully borne by the customer, unless the value of the ordered shipment is greater than €70.00 or otherwise stated on the website www.cloudandcojewelry.com. The delivery price within Croatia is:
Note: the stated amounts apply only to delivery within Croatia, and delivery prices to other EU member states will be visible during ordering. There is no free delivery for other EU member states.
Customers are advised to inspect the shipment upon receipt, but this does not affect their statutory rights in the event of subsequently discovered defects.
Customers can, via the portal and in conversation with the delivery driver, change the delivery address or choose personal pickup of the parcel in parcel lockers.
By signing upon receipt, the customer confirms that they have received the package (or packages) in undamaged condition. After the customer receives the package, the delivery service is not responsible for any complaints, damage, or reduction in contents of the received package, except with evidence that the damage did not occur after handover.
If Cloud&Co. is unable to deliver the ordered product, it will inform the customer. The customer may cancel the order or wait until the product is available again. If Cloud&Co. is unable to deliver the product within the agreed timeframe, it informs the customer, who must grant an additional reasonable period for fulfillment of the sales contract.
If the customer does not collect the product or refuses to collect the product without a valid reason, Cloud&Co. reserves the right to request compensation for handling, transport, and other possible costs.
RETURN AND COMPLAINT CONDITIONS
The Merchant is liable for material defects of the product in accordance with the applicable provisions of the Civil Obligations Act and the Consumer Protection Act. It is presumed that a defect that appears within 12 months from delivery existed at the time of delivery, unless proven otherwise.
A defect exists:
If, after the customer receives the item, it turns out that the item has a defect that could not have been discovered by an ordinary inspection upon receipt, the customer must, under penalty of loss of rights, notify the seller of such defect within two months from the day the defect was discovered.
It is presumed that any defect that appears within one year from the transfer of risk (purchase) existed at the time of the transfer of risk, unless the seller proves otherwise or it follows from the nature of the item or the nature of the defect.
The seller is not liable for defects that appear after two years have passed since delivery of the item. The rights of a customer who has timely notified the seller of the existence of a defect expire after two years from the day the notification was sent to the seller, unless the seller’s fraud prevented the customer from exercising such rights.
The seller is not liable for insignificant material defects.
If a material defect is established, the seller may have one of the following obligations, all in accordance with the rules of the Civil Obligations Act:
The seller may refuse to remedy the defect if repair and replacement are impossible or would cause disproportionate costs taking into account all circumstances, in particular the value of the item without defects, the significance of the defect, and whether repair or replacement can be carried out without significant inconvenience to the customer.
Rights based on a material defect of the item are regulated by the Civil Obligations Act.
When the customer is a legal entity, the rules on material defects prescribed by the Civil Obligations Act apply, especially in the part where material defects for legal entities are regulated differently than stated herein in these General Terms and Conditions.
E-MAIL COMMUNICATION
Sending messages via electronic mail (e-mail) containing personal data may be insecure and subject to unauthorized access by third parties or misdelivery, and Customers and Visitors must take this into account.
The company Perleraj d.o.o. assumes no responsibility for the security or content of messages that users send to the company or via the web store. The company has no obligation to monitor such messages and does not guarantee their accuracy, completeness, or legality. Messages may be processed exclusively for the purpose of technical operation of the system, handling user inquiries, and protecting the company’s legitimate interests in accordance with applicable regulations, including personal data protection regulations.
RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
The customer has the right to unilaterally terminate the contract within 14 days without stating a reason, except in cases expressly prescribed by the Consumer Protection Act.
The 14-day period begins on the day the product is delivered into the possession of the customer or a third party designated by the consumer who is not the carrier.
If the customer orders multiple items in one order that are to be delivered separately, or if the goods are delivered in multiple pieces or multiple shipments, the 14-day period begins on the day the last piece or the last shipment is delivered into the possession of the customer or a third party designated by the consumer who is not the carrier.
If regular delivery of goods over a certain period is agreed, the 14-day period begins on the day the first piece or the first shipment is delivered into the possession of the customer or a third party designated by the consumer who is not the carrier.
If the customer is not informed of the right to terminate the contract, the customer’s right to unilateral termination expires after 12 months from the expiration of the 14-day period.
If the seller provided the customer with information on the right to terminate the contract within 12 months, the right to unilateral termination expires upon the expiration of 14 days from the day the customer received that information.
In order to exercise the right to unilateral termination, the customer must inform the seller of their decision to unilaterally terminate the contract before the expiration of the 14-day period by an unequivocal statement sent by post to the address Perleraj d.o.o., Republike Austrije 9, 10000 Zagreb or by e-mail to info@cloudandcojewelry.com, stating their first and last name, address, purchase date, invoice number, phone number, and e-mail address. The customer may, at their option, use the example form for unilateral termination provided below.
The customer may also complete the unilateral termination form electronically by clicking the online unilateral termination form.
In the event of contract termination, each party is obliged to return to the other what it has received under the contract. Except where the seller has offered to collect the returned goods themselves, the seller must refund the paid amount only after the goods have been returned, or after the customer provides proof that they sent the goods back to the seller, if the seller would have been informed of this before receiving the goods.
The seller is not obliged to refund additional costs resulting from the customer’s explicit choice of a transport type different from the cheapest standard transport type offered by the seller. The seller must refund the payment using the same means of payment used by the customer, unless the customer expressly agrees to a different means of payment, provided that the customer does not incur any additional costs for such refund.
Unless the seller has offered to collect the returned goods themselves, the customer must return the goods without undue delay and no later than 14 days from the day they informed the seller of their decision to terminate the contract.
The customer is deemed to have fulfilled the obligation to return the goods on time if they send the goods or hand them over to the seller or a person authorized by the seller to receive the goods before the expiration of the period.
All direct costs of returning products are borne by the customer. The customer is responsible for any diminution in the value of the goods resulting from handling, other than what is necessary to establish the nature, characteristics, and functioning of the goods.
In order to determine the nature, characteristics, and functioning of the goods, the customer may handle and inspect the goods only in the manner customary when purchasing goods in the seller’s premises. The customer must not use the goods intended to be returned within 14 days or undertake any other actions that would reduce the value of the goods.
During the period in which the customer exercises the right of return, the customer must keep the goods with due care and act as a particularly careful and conscientious person. In case of diminution in the value of the product resulting from handling, the seller will deduct from the refunded purchase price in proportion to the reduction in value, based on the seller’s own assessment while taking into account objective criteria for each individual case.
To facilitate drafting a written termination, an informative unilateral termination form is provided below, which the customer may complete and send to the seller’s address Perleraj d.o.o., Republike Austrije 9, 10000 Zagreb or by e-mail to info@cloudandcojewelry.com.
The right to terminate the sales contract is not permitted in the following cases when:
When the customer is a “legal entity“ the section of these General Terms and Conditions titled “Right to unilateral termination of the contract” does not apply to them. For legal entities, the Civil Obligations Act and the Electronic Commerce Act apply. Click here for the online unilateral termination form.
NOTICE ON THE METHOD OF SUBMITTING A WRITTEN CONSUMER COMPLAINT
All complaints pursuant to Article 10 of the Consumer Protection Act may be sent by the consumer by post to the address Perleraj d.o.o., Republike Austrije 9, 10000 Zagreb or by e-mail to the e-mail address info@cloudandcojewelry.com
In order for Cloud&Co. to respond to a written complaint not submitted by e-mail, customers and/or visitors are kindly asked to provide accurate data of their first and last name and the address to which the response should be delivered. Cloud&Co. is legally required to provide a written response to the complaint no later than 15 days from the date of receipt of the complaint.
In the event of a dispute, Cloud&Co. and the customer will seek to resolve it amicably, and if this is not possible, the competent court is the Municipal Civil Court in Zagreb, applying Croatian law. Dispute resolution is possible before the Court of Honor of the Croatian Chamber of Economy or other mediation centers.
Consumer disputes may be resolved via the European Commission ODR platform.
If the customer accepts the General Terms and Conditions, they also accept all other terms stated on the website www.cloudandcojewelry.com and all other provisions stated on that website. If the customer does not agree with any part of the pre-contractual information or the General Terms and Conditions, they are kindly requested not to use the website www.cloudandcojewelry.com and not to conclude a sales contract.
Cloud&Co. reserves the right to amend these General Terms and Conditions and rules without prior notice. These General Terms and Conditions comply with the laws of the Republic of Croatia.
If the customer is a “legal entity“, the consumer protection rules prescribed by the Consumer Protection Act do not apply to them. The rules on written consumer complaints do not apply to legal entities, to which the Civil Obligations Act and the Electronic Commerce Act apply.
GENERAL TERMS OF PERSONAL DATA PROTECTION
The privacy rules explaining how Perleraj d.o.o. collects, uses, and manages your personal data found on the website and available through use of the website: www.cloudandcojewelry.com
Information on the processing of personal data is regulated in a separate document – Privacy Policy.
Perleraj d.o.o. is committed to protecting and respecting your privacy. With regard to the personal data we collect, Perleraj d.o.o. is the “data controller”, i.e., the entity that determines the purposes and means of processing personal data.
Perleraj d.o.o., as the service provider of the website www.cloudandcojewelry.com, is committed to protecting the privacy of personal data.
If you wish to contact us regarding your personal data, please use the following contact details:
Perleraj d.o.o.
Ulica Republike Austrije 9, 10000 Zagreb
OIB: 64436673944
These General Terms and Conditions are governed by the law of the Republic of Croatia. The Merchant reserves the right to amend the General Terms and Conditions, whereby amendments apply to purchases made after publication of the amended terms.
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