ISTRIAN

General Terms and Conditions

Welcome to our virtual forest market! We hope you will have fun exploring the virtual stands of our truffle hunters and enjoy tasting the fresh products that they collect daily in the Istrian forests and deliver directly to your table or to your local restaurant!

Content:

  1. On General Terms and Conditions
  2. General rules
  3. Privacy
  4. User account
  5. Contents
  6. Rules of use
  7. Terminating the user account
  8. Limitations of liability and guarantees
  9. Consumer protection
  10. Disputes
  11. Disputes between users
  12. Amendments to the General Terms and Conditions
  13. Final provisions
  14. Contact us
  1. On General Terms and Conditions

This document and all the other documents referred to below form a whole and as such represent our general terms and conditions (hereinafter: General Terms and Conditions).

General Terms and Conditions are legally binding and represent a contract between you as a user and the company Punta verde business solutions j.d.o.o. with headquarters in the Republic of Croatia, Fažanska cesta-Valb. 8 2A, 52212 Fažana, OIB: 70424462847, which is the owner of the IstrianTruffles website (www.istriantruffles.eu – hereinafter Punta verde business solutions j.d.o.o. is represented by the terms: “IT”, “our website”, “virtual market”, “we”, and/or any combination or derivative of those words). Users are considered to be all users of our website, whether they are buyers, sellers or third parties.

These General Terms and Conditions prescribe your rights and obligations when you use the IT virtual market and other services provided by IT (hereinafter: “Services” or any derivative of that word), so please read and study them carefully.

If you use any of our Services (or just browse our Internet pages), you are deemed to have agreed to the General Terms and Conditions and all their components. In other words, if you do not agree to the same General Terms and Conditions, you are not entitled to use our Services.

  1. General rules

Our Services primarily connect people, and then people with the products of Istrian forests. General rules on the use of our Services and our website are presented below.

By browsing our website (www.istriantruffles.eu) and using any of our Services, you declare that you agree to all the provisions of these General Terms of Use, our Privacy policy, the provisions of all documents available to you on our website, and with the provisions of all parts of these General Terms and Conditions, which consist of the following documents:

  • Terms of Use for Buyers, which you can find here,
  • Terms of Use for Sellers, which you can find here,
  • Cookie policy, which you can find here.

All of the above listed documents are an integral parts of our General Terms and Conditions (hereinafter referred to collectively as: General Terms and Conditions). You will easily find them at the bottom of our website.

  1. Privacy

The protection of your personal data and your digital security are very important to us. Please read and review our Privacy Policy here. By using the IT Virtual Market and any of our Services, you agree to the provisions of our Privacy Policy, which are an integral part of these General Terms and Conditions.

The user’s personal data (e.g. the customer’s name, e- mail address, delivery address and other information) is processed both by the IT virtual market and by the sellers who sell their products through it. IT and it’s sellers are independent and separate processors of users’ personal data in accordance with the laws of the European Union (hereinafter: EU). In other words, each processor is separately responsible for the personal data it processes when providing the Services. IT will not be responsible for any handling by the seller of the user’s personal data.

If IT is sued, fined, or in any other way suffers damage due to any handling by the seller of the user’s personal data, the seller agrees to indemnify IT for any costs or damages that IT suffers as a result.

  1. User account

In order to use some of our Services, you will need to create a user account on our website. In this regard, please adhere to the following rules:

4.1. The person whose personal and/or financial information is entered in the user account is considered the only person responsible for all activities originating from that user account (data entry, product selection, and any other actions). In the case of registration of a legal entity, it is considered that the same was performed by a person who is authorized to do so by law or power of attorney and that he agreed to the General Terms and Conditions in the name and on behalf of that legal entity. The user account cannot be transferred to another legal or natural person.

4.2. IT does not provide Services to minors. If you are under 18 years of age or if you are a minor according to the laws of your country, you are not allowed to use IT or our Services. You are obliged to monitor and control all activities undertaken from your user account. IT will not be held responsible if a minor undertakes any activities through your user account on our website.

4.3. Protect your password and keep it safe.

4.4. It is forbidden to use inaccurate or false information, offensive expression, information that violates any type of copyright or intellectual/industrial property, or that in any other way violates the rules of the General Terms and Conditions.

  1. Contents

Everything you send to us and/or publish on our websites or by using our Services (e.g. personal names, descriptions, photos, images, recordings, comments, etc.) is your content (hereinafter: Content or any derivative of that word).

5.1. You are personally responsible for sending/posting any Content. By the act of publishing any Content on our website, you declare under full legal responsibility that you have all the necessary rights to that Content and that by publishing it you do not violate any rights of any third party.

5.2. By sending/publishing any Content, you transfer/give to IT irrevocable, free, permanent, spatially unlimited rights to use, reproduce, distribute, store, modify, edit and create derivative products from your Content. In this way, you enable and facilitate the advertising and promotion of our Services and the IT virtual marketplace through any communication channels and any media. In the part of the Content that contains personal data, you give us your express consent to use it and acknowledge our legitimate interest in doing so. In other words, keep in mind that anything you post on the IT virtual market and/or by using our Services in any way, we have the right to exploit for marketing and commercial purposes (e.g. edit your photos and publish them in the media).

5.3. Under no circumstances is it allowed to enter/publish false, misleading, illegal or inappropriate Content on our websites or using our Services. You also agree not to enter/post Content that is immoral, malicious, abusive, defamatory, threatening, obscene or in any way contrary to legal regulations and/or any part of our General Terms and Conditions.

  1. Rules of use

We grant you a limited, revocable and non-transferable right to use our Services in the manner and under the conditions prescribed by these General Terms and Conditions, and under the following strict conditions:

6.1. Don’t break the law. In any activities related to the use of our Services, you are obliged to comply with all the legal rules of your home country and the European Union, as well as the legal rules of international law. Please note that IT is in no way responsible for your actions or your legal obligations.

If we learn that any of your activities related to the use of our Services are illegal in any way, your user account will be terminated and we will, if necessary, take appropriate legal action against you in order to prevent, reduce or compensate for the damage that you have caused or may cause to us. In this regard, IT will certainly cooperate with the competent public authorities.

6.2. Take into particular account the fact that in order to carry out any economic activity through or with the help of our Services, you yourself are obliged to obtain and possess any licenses and/or permits from public authorities, as well as to register in the appropriate public registers. We also point out that you bear full responsibility for the correctness and quality of items that you offer on the IT virtual market, their orderly delivery to customers and the fulfillment of all mandatory legal, tax, customs, health, technical and any other legal regulations related to your items and the economic activity you performed through or with the help of our Services..

6.3. You are responsible for paying all taxes, fiscal and/or parafiscal charges. IT will not and cannot take care of your tax obligations that arise or may arise in connection with your use of our Services. IT does not in any way calculate or take into account the tax obligations of sellers and buyers.

6.4. You are obliged to settle all your obligations when due and in accordance with the General Terms and Conditions. If IT has claims against you that have not been settled within 30 (thirty) days from the due date, it may initiate the forced collection procedure and close your user account.

6.5. You must refrain from harming our IT system and computer code in any way (e.g. by entering any harmful computer code, crawling, sending malware, etc.).

6.6. By using our Services, you agree that your electronic consent in any form (e.g. by sending an e-mail or clicking the mouse on any function of the IT virtual market) is considered equivalent to your signature on paper.

6.7. For the sake of efficient and quick exchange of written legally binding information, you agree that we send them to you electronically at your e-mail address that you have entered in your user account, and that such sending will be considered proper delivery, which is proven by the confirmation of our e-mail server.

6.8. The name “Istrian Truffles”, “IT” and other IT forms, patterns, brands, logos, and any other marks that we use on our Internet pages represent our intellectual property, copyright and industrial property. Please respect this and do not use any of the above without our express consent. Otherwise, IT may terminate your user account and take appropriate legal steps against you.

  1. Terminating the user account

IT reserves the right to terminate your user account at any time without explanation. We are reluctant to do so, but if we notice that you have violated the General Terms in any way, we will close your user account, in which case you will no longer be entitled to use our Services.

IT reserves the right to terminate, temporarily suspend delivery and/or modify the Services and/or any part of the Services at any time and without explanation. The responsibility of IT is completely excluded in case the mentioned changes affect you and your business, including a possible decrease in earnings.

You can close your user account yourself at any time. In this case, all debts you have towards us are due immediately. After your account closure, IT may retain some or all of your Content in accordance with point 5. of these General Terms and Conditions.

Please note that you may lose Content and/or any information you have entered/posted through our Services in the event of user account termination (regardless of the reason for termination).

By using our Services, you agree that these General Terms and Conditions will remain in effect even if your user account is closed, or if you stop using our Services for any reason.

  1. Limitations of liability and guarantees

IT is a virtual marketplace that exclusively provides the service of a shared virtual space that brings together sellers and their buyers. All items that are advertised on our website or that are sold through our Services are sold exclusively directly from the seller in a way that is completely independent and separate from IT. IT does not produce, store, transport or check in any way the items sold by sellers through our Services or that are advertised on our website. IT in no way participates in the legal relationship between its users and is not part of any transactions that occur between them.

IT is in no way responsible for the safety, quality or legality of the items sold through our Services or advertised on our website, nor does it guarantee them in any way. By using our Services, you agree that any complaint or request you may have regarding the items you have purchased on our website or using our Services can be directed exclusively and directly to the seller. You also agree that our responsibility for the safety, quality and legality of items purchased by you using our Services is entirely excluded.

IT is in no way responsible for the legality, intellectual property, accuracy or suitability of any Content you may access using our Services. You agree that our responsibility in this regard is completely excluded, and you also agree that we are in no way responsible for your relationships and interactions with other users.

IT does not guarantee and is not responsible in any way for the balance on your Gift voucher account. You agree that IT shall not be liable for any destruction, theft, alteration or unauthorized access to your Gift voucher account or its code. IT may prohibit the use of your Gift voucher account if you timely report that your Gift voucher or its code is lost or stolen, or if we determine that your Gift voucher account is being used in an illegal, suspicious or unauthorized manner. We will issue you a replacement Gift voucher code in case it stops working.

Our services may be available to you through third-party products and/or services (such as mobile devices and their applications, Facebook, Instagram, Viber, Whatsapp, etc.). If you use our Services, you agree that your use of the products and/or services of any third party is at your sole risk. Please note that IT is not in any way a party to the contract and/or general terms of use and/or any agreements you have with any third party.

WARRANTIES

BY USING OUR SERVICES, YOU AGREE TO USE IT WEBSITES AND ALL OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, I.E. WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTY OF MATERIAL AND LEGAL DEFECTS, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, EXPECTED OR PRESCRIBED QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTY IMPLIED BY ANY ESTABLISHED BUSINESS PRACTICE AND/OR TRADE RELATIONS. WE DO NOT WARRANT: (I) THAT OUR SERVICES WILL BE SECURE FOR USE OR ACCESSIBLE AT ANY TIME OR IN ANY LOCATION; (II) THAT ANY DEFECTS AND/OR ERRORS WILL BE CORRECTED; (III) THAT OUR SERVICES AND WEBSITE WILL BE FREE OF COMPUTER VIRUSES AND/OR ANY OTHER HARMFUL MATERIAL; (IV) THAT OUR SERVICES AND WEBSITE AND THE RESULT OF THEIR USE WILL MEET YOUR EXPECTATIONS. YOU ARE USING OUR SERVICES SOLELY AT YOUR OWN RISK.OUR LIABILITY IS LIMITED. IT, OUR DIRECTORS, EMPLOYEES, ASSOCIATES AND ANY ENTITY RELATED TO US, ARE NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOST PROFITS THAT YOU MAY SUFFER IN CONNECTION WITH THE USE OF OUR SERVICES OR AS A RESULT OF THE USE OF OUR SERVICES OR CONDUCT OF THESE GENERAL CONDITIONS. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE VALUE OF €100 (ONE HUNDRED EUROS).
  1. Consumer protection

Please keep in mind that IT is a virtual marketplace, and that we are not merchants or sellers of items listed on our website. As our user, you will be a consumer of our digital Services that make up a functional virtual marketplace. In other words, we do not trade in the items sold on our website.

For this reason, each individual seller is solely responsible for protecting your consumer rights regarding the products advertised on our website. As stated earlier, we expressly disclaim any warranties and any liability with respect to products you purchase using our Services.

However, we take responsibility for your consumer rights regarding the Services we provide to you. Our Terms of use for buyers contain detailed information about the rights you have as a user of our Services.

By using our website and Services, you agree and confirm that you are fully aware of your rights as a user of our Services.

  1. Disputes

By using our services, you agree that you will do your best to amicably resolve all possible disputes related to the General Terms and Conditions and/or your use of our Services together with IT. The legal rules that apply to any legal dispute regarding the General Terms and Conditions and our Services are as follows:

A. Applicable law: The law applicable to the General Terms and Conditions is the law of the European Union and the law of the Republic of Croatia, regardless of conflict of law rules.

B. Online Dispute Resolution (ODR): You and IT agree that you will resolve all disputes regarding the General Terms and/or your use of our Services through the Online Dispute Resolution (ODR) platform located on the Internet portal “Your Europe” which you can find here.

C. Arbitration: You and IT agree that all mutual disputes that cannot be resolved through the ODR platform will be resolved through arbitration, through the Permanent Arbitration Court at the Croatian Chamber of Economy (the “CCE”) under „Zagreb Rules“, unless otherwise provided by law. In arbitration, including jurisdictional issues, the sole arbitrator will decide.

D. Court: You and IT agree that all mutual disputes that cannot be resolved through Arbitration will be resolved through the courts, and you consent to the international jurisdiction of the Croatian court and the local jurisdiction of the Municipal Court in Pula-Pola and the Commercial Court in Pazin.

  1. Disputes between users

IT is in no way competent to resolve disputes between users. We encourage amicable resolution of disputes between our users and will attempt to assist all parties involved in a dispute by providing you with our interpretation of all applicable provisions of the General Terms and Conditions, but please note that we cannot resolve any type of dispute between you.

In addition, you agree to release IT from any legal claims and liability related to your disputes with users or third parties.

  1. Amendments to the General Terms and Conditions

You agree that IT has the right to revise the General Terms and Conditions at any time and to change them for any reason. It is considered that you are familiar with the content of the General Terms and Conditions at all times and you also agree to regularly check them on our website, as there is a possibility that they will be updated.

IT may notify you of changes to the General Terms and Conditions via e-mail, and you agree to be notified of them in this way. You agree to accept any notification from us via e-mail, links and/or posts on our website containing the General Terms and Conditions or their changes, and you also agree that they are considered appropriate and validly delivered notifications.

Your use our Services constitutes the acceptance to these General Terms and Conditions and any changes made to them.

  1. Final provisions

Nothing in these General Terms and Conditions shall be construed as to create any form of partnership, joint venture, power of attorney or the like between You and IT, for any purpose whatsoever.

IT may assign any or all of its rights and obligations under these General Terms and Conditions to any third party at any time.

You agree not to hold us liable for any loss, damage, delay or failure to act caused by any cause beyond our control.

You agree that if any provision of the General Terms and Conditions is found to be void or unenforceable in any jurisdiction, this will not affect the validity or enforceability of such provision in any other jurisdiction, nor the validity and enforceability of the remaining provisions of the General Terms and Conditions.

These General Terms and Conditions, including all of their constituent parts, constitute the entire agreement between You and IT with respect to our Services and supersede any other agreement You and IT may have.

You acknowledge that you have had an adequate opportunity to review each provision in these General Terms and Conditions. You agree that no provision of these General Terms and Conditions shall be construed against IT by reason of our creating or modifying such provision or any other existing provision of the General Terms and Conditions.

You hereby waive all objections based on the fact that our General Terms and Conditions are in electronic form, as well as objections based on the absence of a physical signature of the parties on the General Terms and Conditions.

These General Terms and Conditions are published in the Croatian language, and in the Croatian and English language ​​in the part that refers to buyers. In the event of a dispute, for the purposes of interpreting disputed provisions of these General Terms and Conditions, only the Croatian language version shall apply.

This website allows customers to use the services of the web store in Croatian and English language.

  1. Contact us

If you have any questions about these General Terms and Conditions or our Services, please email us at support@istriantruffles.eu.

Published and updated on August 16, 2022.

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