General provisions

Nesting Mommy d.o.o. provides an online service through its website on the domain www.nesting.hr, on the World Wide Web network – Internet. The service consists of providing information services, managing content and conducting financial transactions.

The General Terms and Conditions lay down the terms and conditions for End Users and relate to the use of the website www.nesting.hr

By using the Website, users indicate that they agree with these General Terms and Conditions and agree to use the website in accordance with them. The right to use the website is the personal right of the User, and cannot be transferred in any way to other natural or legal persons, nor is any User authorized to report other natural or legal persons.

The user is personally responsible for protecting the confidentiality of passwords, in places where they exist as such. The user is familiar with the fact that sometimes there is a service interruption/downtime, or to events that are beyond the control of Nesting Mommy d.o.o. and accepts that Nesting Mommy d.o.o. is not responsible for any loss of data that may occur during the transmission of information on the Internet.

The user agrees and accepts that access to the Website can sometimes be interrupted, temporarily unavailable, difficult, slowed down or excluded.

Nesting Mommy d.o.o. reserves the right at any time to modify or terminate any segment of the business, including, and without limitation, the content, availability time, as well as the equipment necessary to access or use the site. Furthermore, Nesting Mommy d.o.o. may stop sending any part of the information, or any type of information, may change or terminate any way of transmitting data and may change the speeds of data transfer, as well as any of their other characteristics.

By using the Website, the User confirms that he is familiar with and agrees with the General Terms and Conditions.

User Statement:

“If you do not agree with the General Terms and Conditions and rules herein, or if you are under 16 years of age, please refrain from using this website.”

Nesting Mommy d.o.o. reserves the right at any time, and without prior notice, if it deems it necessary, to terminate or modify any of the General Terms and Conditions listed herein.

The continuation of the use of the website and after the publication on the Internet of the new changed General Terms and Conditions, it is understood that the User accepts the changes.

The end-user includes both a natural and legal person and anyone with legal personality. For the sake of better understanding, it should be stressed that the rights of the Consumer Protection Act apply only to the consumer according to the definition set out in that law: ‘any natural person who enters into a legal business or acts on the market outside his or her commercial, business, craft or professional activity’.

Preamble

The terms of sale govern relations between the Buyer and Nesting Mommy d.o.o. (hereinafter referred to as the “Seller”) regarding the validity of the contractual relationship to the Buyer, advertising, conditions and method of ordering the product, prices of products, terms and means of payment, delivery of products and other services offered by the Seller, terms of warranty for the correctness of the sold item (so-called guarantees), the Buyer’s rights to the written written

objection to the Seller’s products and services, the right to terminate the contract and the return of goods and other issues relevant for the conclusion of the purchase agreement through the online store published on the Seller’s website: https://www.nesting.hr

The Terms of Sale are subject to the applicable Consumer Protection Act, the current Law on Electronic Commerce, the applicable Law on Obligations and other applicable regulations of the Republic of Croatia.

Validity of the Sales Terms

The terms of sale apply between the Buyer and Nesting Mommy Ltd. (hereinafter referred to as “Seller”), related to the ordering of the product by the Buyer through an online store published on the Seller’s website (hereinafter referred to as: ” https://www.nesting.hr “).

The buyer is any natural person who is a visitor to the https://www.nesting.hr and who submits an order to the Seller for the purchase of a particular and/or group of the seller’s products, and selects a minimum of one product, puts it in a shopping cart, pays by credit card, virman or internet banking or chooses to pay at pickup. The buyer can only be an adult and a business-capable person. The contract may be concluded on behalf of and on behalf of minors and completely incapacitated persons by their legal representatives or guardians. Partially capable persons may conclude the contract only with the consent of their legal representative or guardian. For acting contrary to this provision, the Seller shall not be liable for any responsibility.

For legal entities, the current Law on Mandatory Relations applies.

The contract concluded by the Buyer with the Seller is a one-time contract for the sale of the product at a distance that was consumed by the delivery of the goods and the payment made by the Buyer, in case it is not terminated. These Terms of Sale are an integral part of the contract.

Invalidity of other contractual conditions

These Terms of Sale apply as the primary and mandatory source of law regulating the legal relationship between the Seller and the Buyer and in this regard have the prevailing effect in relation to all other possible sources and replace all other written or oral agreements, terms and/or agreements between the Seller and the Buyer and/or the contractual terms of other persons, which deviate from these Terms of Sale. In the event of a disagreement

between these Terms of Sale and all other agreements between the Seller and the Buyer, these Terms of Sale will have the prevailing effect unless the contracting parties reach a different written agreement.

The validity of consumer relations, the Terms of Sale apply to all persons who are considered consumers within the meaning of the legislation of the Republic of Croatia.

Validity of relations with foreign nationals

These Terms of Sale also apply to natural persons, who have citizenship different from the citizenship of the Republic of Croatia, regardless of any differences in the legal or statutory position of the Buyer, and regardless of his actual ability to understand the Croatian language in which these Terms of Sale are drawn up.

These Terms of Sale also apply to stateless people, as well as to staff of foreign diplomatic and consular offices and to honorary consuls and consulates of foreign states on the territory of the Republic of Croatia.

Advertising

The Seller’s disclosures represent an overview of the basic Terms of Sale, unless the Seller has explicitly stated otherwise.

Descriptions and specifications of the product are obtained by the supplier or downloaded from the official website of the supplier. Photos of the product can be obtained by the supplier or can be photographed on the Seller’s premises. The seller is not responsible for any errors in the description of the product, photos and updates of the pages.

For the purpose of advertising individual products, the Seller uses the Google Adwords remarketing service. This is a service provided by Google for targeted advertising. The service is used for advertising purposes through Google Search, and the Google Display network of customers who have already visited https://www.nesting.hr You can unsubscribe this service in Google settings – ads that are in your Google Profile.

The seller places all materials, videos, photos and text on the website in good faith to make it easier for the Buyer to choose when shopping. The seller does not guarantee that the photos of the product fully correspond to the appearance of the product itself. The photos are exclusively illustrative in nature and do not always and in all the details correspond to the actual appearance and content of the product. Given the possibility of individually regulating the monitor on the computer, differences in the perception of the color of the product by the human eye and similar variables, the Seller does not guarantee the full compliance of the colors of the supplied products with the colors as customers see them on the screen of their monitor. We are not responsible for possible unintentional errors in the product description. Differences may be made between the actual product and the photo of the product and the described product on this site, if the manufacturer changes one of the characteristics or content of the product. All descriptions are checked regularly and in detail. In the case of the above discrepancy between the product shown in the photo and the product supplied, it is not a defect of the product and therefore it is not a basis for the return of the product.

If due to an error or oversight, the price published on the https://www.nesting.hr is incorrect or has since been changed, the Seller reserves the right to change. Also in this case, the Seller reserves the right to inform the Buyer about the change or correctness of the price and to give the Buyer the opportunity to confirm or cancel his order. If the requested product is not supplied, the Seller will inform the Buyer about the exact delivery period as soon as possible or the Seller will refund the paid amount to the Buyer.

Ordering a product

The buyer can choose from the part of the Seller’s assortment, published on the https://www.nesting.hr the product or group of products for whose purchase he is interested, by clicking on the button “Add to cart” and thus add it to his shopping cart.

Products can be ordered by registered and unregistered Customers.

Registration on this Online Store is optional, but it brings the convenience of buying with discounts. Registration is made by creating an account. Registration is free of charge. After registration, the Customer is sent the username and password via e-mail. The buyer is responsible for all actions and orders made under his username. The registered and unregistered Buyer is responsible for the accuracy and completeness of the entered data when registering and/or purchasing.

By clicking on the “Bill” button, the Buyer makes an irrevocable offer to the Seller to purchase a particular or group of products. Before concluding the purchase, the Buyer can independently change the condition of the product or add more products to the shopping cart.

The purchase cannot be made unless the Buyer has confirmed its agreement with the Terms of Sale.

The purchase is valid only if the order is duly fulfilled and concluded through the https://www.nesting.hr This also applies to additional requirements, conditions or instructions from the Buyer, which may be related to the purchased content.

In the event that the Seller is unable to deliver the product because the ordered product is not in stock or cannot be ordered from the supplier, the Seller will inform the Buyer in writing or by telephone as soon as possible. In case of notification that the ordered product is available within the extended period, the Buyer has the possibility to stay with the order, with a new, thus indicated delivery period, or cancel the order. In the event that the Seller informs the Buyer that he cannot order the product from the supplier at all, the contract is terminated by such notice itself and the order is canceled, and the unauthorized transactions of credit or debit cards are canceled immediately, and the refund of the paid funds, if any, the Seller will refund the paid amount to the Buyer.

If the Buyer refuses to receive the correct/undamaged products previously ordered by him, the Seller has the right to ask the Buyer for reimbursement of shipping costs (manipulative costs).

For products that are not in stock and need to be ordered from the supplier, the Buyer should pay a minimum of 30% of the purchase amount in the form of an advance. If the Seller does not fulfill the contract, he is obliged to return to the Buyer the advance paid on the basis of the applicable regulations.

A customer order is considered confirmed and valid only when an account is created.

Upon confirmation of the Buyer’s order by the Seller, the terms for each purchase agreement between the Buyer and the Seller are fixed and cannot be changed unless the contracting parties reach a different agreement in writing.

Discounted Promo Code

This online store can issue promo codes for a discount. If it is active, the discount promo code brings different benefits when buying through the Online Store and may be limited in time. The active promo code for the discount is published on the front page, product page, newsletter or in other media. The promo code is calculated on all assortment except for already discounted items . These items have either already been discounted or have a single price to which no discount applies.

Use of promo code for discount: the active promo code is entered in step 1 of the Internet cart and confirmed on the plus sign (+).

Promo codes don’t add up to each other.

General about the payment method

All the above prices on https://www.nesting.hr are highlighted in Croatian kunas (HRK) and euros (€), unless otherwise explicitly stated. Prices include value added tax (VAT). Product prices do not include shipping, input, assembly, manipulative and other costs of separate services.

The online store https://www.nesting.hr allows users to pay and purchase via credit or debit card, by a virman, by payment in the mail, FINA, by internet banking or by payment in the bank, and by paying upon pick-up of the shipment (in cash) in accordance with the conditions set out in these General Terms and Conditions.

The Buyer agrees that, in the event of suspected misuse of any type of payment, the Seller may request additional evidence of the validity of such payment method, and in the event that such evidence is not submitted, he has the right to suspend the transaction and cancel the order.

The Buyer confirms and agrees that his payment service provider, for the purpose of fulfilling the obligations of payment of the Buyer to the Seller, may charge the Buyer with transaction costs not known to the Seller. The buyer agrees to bear all such costs himself.

If the Buyer is a person who is not a citizen of one of the Member States of the European Union, the possibility of deducting the pre-tax shall be judged in accordance with the applicable international treaties on the avoidance of double economic taxation. The Seller shall not be liable for the refund of value added tax and or other applicable taxes of the Buyer, nor does he assume the obligation of any kind to assist the Buyer in the refund of value added tax and/or other applicable taxes.

In the event that the Buyer intends to pay the goods into the Seller’s giro account (by virman, e-banking, in the post office, bank, etc.) it is necessary to choose the option of payment by “General Payment Slip” on the fourth step of the basket https://www.nesting.hr. The deadline for payment of the Buyer is 3 days, after this deadline the Seller does not guarantee the supply of the ordered items. The processing of the order begins to run from the moment of visibility of the payment in our account. If the payment followed the deadline and the goods are available, the service procedure is initiated. If the goods are not available, the Seller will inform the Buyer of the exact delivery time or the Seller will refund the paid amount to the Buyer.

Payment upon receipt of the shipment (on delivery)

If you decide to pay when you pick up the shipment, you are obliged to pay for the products only when picking them up. You are obliged to pay the invoice for the ordered product to the delivery person when the ordered product is delivered. Payment to the courier is possible only with money in cash. If you have chosen the option to deliver products to the Press kiosk, you are obliged to pay for the products in cash when picking them up.

Pay with cards

When paying with credit and debit cards, payment authorization is done automatically. Nesting Mommy bears all the manipulative costs of authorizing the User’s credit/debit card. In the event of unsuccessful authorisation of payments, the purchase procedure shall be terminated. The user is responsible for the correctness of the data specified using the webshop service.

When paying on our web store, you use CorvusPay – an advanced system for securely accepting payment cards online.

The CorvusPay system ensures complete secrecy of your card and personal data from the moment you enter them in the CorvusPay payment form. Payment data is transmitted encrypted from your web browser to the bank that issued your card. Our store never comes into contact with complete information about your payment card. Also, the data is inaccessible even to employees of the CorvusPay system. An isolated core independently transfers and manages sensitive data, keeping it completely secure.

The form for entering payment data is secured with an SSL transport code of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all the requirements related to the security of online payments prescribed by the leading card brands, that is, it operates in accordance with the norm – PCI DSS Level 1 – the highest security standard of the payment card industry. When paying with cards included in the 3-D Secure program, in addition to the validity of the card itself, your bank also confirms your identity using a token or password.

Corvus Pay considers all information collected confidential and treats it accordingly. The information is used exclusively for the purposes for which it is intended. Your sensitive data is completely safe, and its privacy is guaranteed by the most modern protection mechanisms. Only data necessary for the performance of work are collected in accordance with the prescribed demanding procedures for online payment.

Nesting Mmommy assumes no responsibility for any direct or indirect damages that Users may suffer due to the temporary, partial or complete unavailability of the Corvus Pay Service.

Upon placing a specific order for the execution of payments on the Customer’s credit or debit card, the Buyer waives any right to terminate, dismiss and/or modify the execution of a specific payment order. This waiver applies only to the irrevocability of the payment transaction and does not affect the rights of the Buyer in connection with the termination of the contract. In this regard, the Buyer is liable for any costs and damages that may arise to the Seller in this regard.

The buyer is responsible for ensuring that it provides the payment service provider with a sufficient amount of money to make payments to the purchase price and any other applicable costs. This relationship is governed by the rules between the payment service provider and the Buyer that the right to payment is used by a credit or debit card, and that the Customer submits complete and accurate credit or debit card information through an order. Otherwise, the Buyer is liable for all damages and expenses incurred or may arise to the Seller in relation to the violation of this obligation of the Buyer.

Payment by virman/general payment slip

The option of payment by a virman/general payment slip allows payment by internet banking, mobile banking, bank, etc. By selecting this option when ordering a product, you will go to your e-mail address

receive the information necessary for the payment. The delivery process begins when we record the payment in our system.

Payment is considered to have been made at the time of the withdrawal of the money by the courier service or at the time of receipt of the authorisation by the card issuer.

The agreed purchase price includes VAT and is expressed in Croatian kunas and euros. Please note that the means of payment in the Republic of Croatia is kuna, and the User pays the cost of currency conversion.

Material defects

The Seller is responsible for material defects of the product in accordance with the provisions of the current Law on Obligations and the EU Consumer Protection Directives.

If the Buyer duly informed the Seller of material defects (visible and hidden), the Seller has the obligation to the Buyer within the legally prescribed deadlines: (I) eliminate the defect, (II) replace the goods with other goods without defect, (III) reduce the purchase price, (IV) to allow termination of the contract.

The product has a hidden defect in these cases: (I) where the product does not have the characteristics necessary for its normal functioning and use, (II) when the product does not have the characteristics necessary for the particular use for which the buyer purchases it, which the seller knew or should have known when selling, (III) when the product does not have characteristics and values that were orally or quietly agreed or prescribed, (IV) where the seller has delivered a product, which does not correspond to the sample or model, except if the sample or model is shown only for notification.

The authenticity of the product is verified in such a way as to compare it with another, undamaged product of the same type, in some cases also with the manufacturer’s statements listed on the product.

The buyer must inform the Seller of the defect together with an accurate description of it within the legal deadline. The customer is obliged to provide us with product images.

If the shipment with a product for which a material defect has been identified is found, the Buyer wishes to return it at the Seller’s expense, it can do so by agreeing with the Seller (info@nesting.hr) beforehand. In accordance with the agreement, we send a courier service to the Customer’s address to pick up the package. Attention: Return in another way to Nesting mommy d.o.o. expense is not possible.

The Parties exclude the Seller’s liability for any further damage to persons and belongings, other than the purchased product, if such damage is caused by the intention or negligence of the Buyer or the persons for whom he is liable, and even if the purchased product has defects.

Relevant information about products that have a material defect and the rights of the Buyer and the Seller are provided here.

Right to withdraw from the purchase and return of the goods

The buyer has the right within 14 days from the date of receipt of the goods without giving reasons, unilaterally, to terminate the contract concluded remotely, so that he submits the termination in writing before the expiry of the deadline for unilateral termination by sending the form by e-mail to the info@nesting.hr or by post to the address of the Seller: Nesting mommy d.o.o., Augusta Piazze Street 9, 10000 Zagreb, by e-mail: https://www.nesting.hr. For all questions and comments, the Seller has an expert service available from Monday to Friday from 9 am to 4 pm, by phone: (+385 91 8824 574).

The 14-day period in question shall commence from the date on which the goods constituting the subject matter of the contract have been handed over to the Buyer or a third party designated by the Buyer, which is not the carrier. If, by one order, the Buyer has ordered several pieces of goods to be delivered separately, i.e. if they are goods that are delivered in several pieces or more shipments, the time limit begins to run from the day on which the last piece or last shipment of goods was handed over to the Buyer or a third party designated by the Buyer, which is not the carrier. The contract is considered cancelled at the moment when the Seller receives the notification.

If the Seller does not inform the Buyer of the buyer’s right to unilaterally terminate the contract, this right ends within 12 months of the expiry of the termination period (the period of 12 months begins to run after the expiry of the 14-day period provided for regular termination in case of orderly notification). If, however, the notification of the right to unilateral termination is served within 12 months, the right to unilateral termination ends at the end of the 14-day period from the date on which

The buyer is obliged to hand the goods over or send them to the address from which they were sent without undue delay, and in any case no later than 14 (fourteen) days from the day on which he sent his decision to the Seller on the unilateral termination of the contract. If the Buyer sends the goods to the courier service, he is obliged to do so at his own expense. The contract is considered cancelled at the moment when the Seller receives written notification.

In case of refusal of receipt of the goods, the buyer shall bear the costs of returning the goods. The cost is calculated according to the price list of the delivery service and depends on the weight and price list of delivery of the courier service that makes the delivery. In the case of a ransom shipment, the Seller also has the right to charge the Buyer for the costs of the ransom service.

The buyer must return the product to the seller undamaged, in the original packaging and in unchanged quantity, unless the packaging and product have been destroyed, broken, lost or its quantity has decreased without the buyer being liable for it. The buyer may not use the returning product, but the Buyer has the right to inspect the goods he has purchased to the extent necessary to determine the nature, characteristics and functioning of those goods. The buyer is liable for the impairment of the value of the product, if it reduces the value by using it without it being necessary to determine the nature, characteristics or function of the product.

The Seller undertakes to return to the Buyer the entire amount of the paid funds within 14 days after receipt of the written notification of the termination of the contract. The refund of the paid will be made by the same means of payment used by the Buyer when paying. In the event that the Buyer agrees to otherwise refund the amount paid, he shall not bear any costs in relation to the refund. The Seller is not obliged to refund the paid one before the goods delivered to him to the Buyer are returned to him.

The buyer, i.e. the consumer is obliged to prove that he has exercised his right to unilateral termination of the contract in accordance with the applicable Consumer Protection Act.

In the event of termination of the contract, each party shall return to the other what it has received under the contract, in accordance with the terms of these Terms of Sale. This means, the Seller makes a refund of the paid funds using the same means of payment that the Buyer used when paying, and the Buyer makes a refund of the purchased goods without delay.

The buyer does not have the right to terminate the contract in the cases prescribed by the applicable Consumer Protection Act, and especially if:

– the Service Contract was fully fulfilled by the Seller, and the fulfilment began with the express prior consent of the Buyer and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract if the service is fully fulfilled;

– the subject of the contract of goods or services whose price is dependent on changes in the financial market that are beyond the influence of the Seller, which may arise during the duration of the Buyer’s right to unilateral termination of the contract;

– the subject matter of the contract goods that are made according to the Customer’s specification or that are clearly adapted to the Buyer;

– subject matter of the contract goods which, due to their nature after delivery, are inseparably mixed with other things

Other

Any contract concluded on the basis of these Terms of Sale will be stored in the electronic form of the Seller’s system, and the Buyer can access them through the services of the Seller. By confirming the acceptance of these Terms of Sale, the Buyer gives consent to the collection, processing and storage of the contract and to it related to all relevant personal data (name, surname, address, etc.).

The buyer can submit his requests, complaints, complaints, statements, as well as any commendations to the Seller in writing at: Nesting mommy d.o.o., Augusta Piazze Street 9, 10000 Zagreb, via e-mail: https://www.nesting.hr .. The exercise of rights under the reported complaint is realized in accordance with the applicable EU Consumer Rights Directives, the Consumer Stitch-Up Act and the current Law on Mandatory Relations. Products that Buyer has attempted to repair or remodel and products that have been damaged due to inappropriate use cannot be advertised.

By accepting these Terms of Sale, the Buyer confirms that he is familiar with and agrees to the terms of the Terms of Sale, which allows the use of the system https://www.nesting.hr

Contracts concluded under these Terms of Sale are governed by applicable law to the Seller’s seat. The application of the UN Convention on the International Sale of Goods is excluded.

The Buyer confirms that he is aware that the current Terms of Sale are subject to constant changes and improvements, so for all future purchases he himself assumes the responsibility of being familiar with the current general terms and conditions applicable to the https://www.nesting.hr

Changes to these Terms of Sale as well as the provisions of contracts concluded under these General Terms and Conditions are possible only on the basis of a written agreement between the contracting parties. Oral contracts and/or agreements are not permitted.

Actions don’t add up to each other.

Settlement of disputes

In accordance with Regulation No. 524/2013 of the European Parliament and the Council, an obligation has been imposed on traders participating in online sales contracts to provide an electronic link to the online consumer dispute resolution platform on their websites. The online consumer dispute resolution platform can be accessed by the customer via this link.

In the event of a dispute between the consumer and the trader, an application may be submitted to the Court of Honour of the Croatian Chamber of Commerce and the Court of Honour of the Croatian Chamber of Trades and Crafts. Any disputes will be resolved by the trader and the consumer by agreement and peaceful means, otherwise the Court of Zagreb has jurisdiction.

In Zagreb, July 2022.

Terms and conditions

Company Information