General Terms and Conditions

GENERAL TERMS AND CONDITIONS Valfresco Direkt WEB STORE

1. ABOUT VALFRESCO DIRECT WEB STORE

Valfresco Direkt is a website intended to provide web store services for food and food products, and possibly other products.

These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to the Valfresco Direkt web store located on the website www.valfresco.com which is owned and operated by the company:

Valamar Riviera d.d.

Poreč, Stancija Kaligari 1

MBS: 040020883 registered with the Commercial Court in Pazin, OIB: 36201212847

Contact address: Valamar Riviera d.d., Valfresco Direkt, Marcilnica 71, Labin

Contact Phone Number: 00385 052 465 050

Contact e-mail: valfresco@valamar.com

(hereinafter: VALAMAR or Seller)

These general terms and conditions regulate the policies of purchase, payment, delivery, complaints and termination of a distance contract and all other details of the purchase. The Consumer Protection Law, the Trade Law, the Electronic Commerce Law, the Civil Obligations Law and other applicable regulations of the Republic of Croatia apply to business conditions.

Before using the Valfresco Direkt website, please read these General Terms and Conditions carefully.

If you do not agree and do not accept the rights and obligations under these General Terms and Conditions then you may not use the Valfresco Direkt web store.

By using the Valfresco Direkt website to purchase the product, it is considered that you have fully read, understood and accepted the rights and obligations under these General Terms and Conditions. By using the Valfresco Direkt web store, you agree to abide by these General Terms and Conditions and agree that they apply to you in full.

These General Terms and Conditions as well as individual terms of sale indicated with information on certain products on the Valfresco Direkt website represent VALAMAR's offer for concluding a distance contract and the buyer, by concluding an order or otherwise determined by these Terms, accepts them, then the distance contract between the Buyer and VALAMAR is concluded, according to the terms of sale specified in these Terms. These General Terms and Conditions form an integral part of the distance contract if it is concluded. Each Buyer will be informed and acquainted with these General Terms and Conditions before entering into a contract, in an appropriate manner. The general terms and conditions will also be sent to you by e-mail, which is a confirmation of the contract.

The General Terms and Conditions are published in Croatian. The Valfresco Direkt website enables customers to use the services of the web store in the Croatian language.

 

2. BUYERS

Buyers can be legal and adult natural persons with legal capacity, whereby legal persons will be issued R1 invoices on request (by calling the contact phone number: 00385 52 465 050.) By accepting these Terms, you confirm that you are over 18 years of age and that you have full legal capacity.

 

3. PERSONAL INFORMATION AND COOKIES

VALAMAR, as the processing manager, is committed to protecting your personal data. The collection and storage of data is carried out in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: Regulation), of the Law on the application of the General regulation of data protection (NN 42/2018) and other regulations governing the subject area, which are applied in the Republic of Croatia.

 When you make a purchase on the Valfresco Direkt web store, we process your personal data that you have entered in the web form (name, surname, e-mail, telephone number, address, delivery address) in order to identify you as a Buyer, enter into and fulfill a one-time distance sales contract and contact for delivery. The legal basis is precisely the fulfillment of the sales contract in which the buyer is a party. Also, processing is necessary in order to comply with the legal obligations of the processing manager (for example, e-mail is also necessary to fulfill the obligation to send a confirmation of the contract).

When you subscribe to the newsletter, we process your personal data that you have entered in the web form (name, surname, e-mail, gender as mandatory data and date of birth if you wish to enter) for the purpose of informing about VALAMAR offers and news via e-mail. The legal basis is your consent. To ensure that there is no error or abuse when entering the e-mail address, we use the so-called Double-Opt in process (double verification): after the e-mail address is entered in the login field, VALAMAR sends a confirmation link to the e-mail. Only after you have clicked on the confirmation link, your e-mail address is added to the database to send a specific Newsletter. You can withdraw your consent at any time and free of charge by e-mail to: newsletter@valamar.com. Withdrawal of consent does not affect the lawfulness of processing based on consent before it is withdrawn.

VALAMAR has the right to collect and use data on the e-mail address and the name and surname of all customers, as well as data on the purchase, based on legitimate interest, for the purpose of direct marketing and exclusively for the purpose of informing VALAMAR offers and news via e-mail.  In this case, you have the right to object to such processing, including the creation of a profile to the extent associated with such direct marketing, either in relation to initial or further processing, at any time and free of charge by e-mail to newsletter@valamar.com.

The deadline for processing personal data for the purpose of sending a newsletter is 10 years, counting:

  • from the day of the last purchase or other business relationship with us when newsletters are sent based on a legitimate interest,
  • from the date of your consent, when newsletters are sent on the basis of your consent.

VALAMAR, based on its legitimate interest, can also send customers an e-mail after each purchase in which we will send a survey and ask you to rate our service and products, if you wish. We will use the obtained data for our own needs of business analysis and service improvement.

By calling our contact phone number, we may collect your information related to the purpose of your call, for example, if it is a purchase, we will ask for your name, surname, order number so that we can respond to your request. Also, based on a legitimate interest, we keep records of calls.

VALAMAR, as the processing manager, has a legitimate interest in implementing video surveillance measures in its properties in order to protect property and persons.

When you visit our Valfresco Direkt web store, we collect cookies, (small files that are saved on your computer when accessing the VALAMARA website to enable basic or additional functionality of these sites) and other technologies that facilitate the delivery of content depending on your areas of interest, processing purchases, analyzing the characteristics of your visits, etc. Cookies cannot be used to reveal your personal identity. You can always delete cookies stored on your computer, thus preventing further processing of your personal data through such technology. Each internet browser has its own cookie deletion process.

Regardless of the data collection, all users of our website can exercise the following rights free of charge within the limits prescribed by the Regulation: 

  • The right to information
  • Right to erase ("right to forget")
  • The right to access data
  • Right to rectification
  • The right to data portability
  • Right to object: when VALAMAR processes data based on its legitimate interests that are stronger than the interests of the respondents
  • The right to restriction of processing

In any case, you also have the right to:

  • submit a complaint to the Personal Data Protection Official,
  • file a complaint to the supervisory body (Personal Data Protection Agency) if they believe that their rights to data protection have been violated.

VALAMAR has appointed a personal data protection official who you can contact at any time via e-mail: dpo@valamar.com or by mail to the address Valamar Riviera d.d., Stancija Kaligari 1, Poreč, Republic of Croatia - for DPO, for issues related to personal data protection and for exercising their rights guaranteed by the General Data Protection Regulation.

Additional information on the processing of personal data and your rights, please find in the Privacy Policy: https://valamar-riviera.com/gdpr/

4. PRODUCTS AND PRICES

All products in the Valfresco Direkt online store are clearly marked, with clearly highlighted main features and to the extent appropriate and necessary, given the type of product, with clearly and unambiguously indicated prices. In the case of a semi-finished product, instructions on preparation and preparation time will be clearly indicated. VALAMAR reserves the right to withdraw any product from sale at any time. In such cases of undelivered and paid for the product, you will be refunded the full amount of money for those products that are no longer on offer, regardless of the reason for withdrawal of the product from sale, or failure to perform the service. The photos of the products offered in the Valfresco Direkt web store are illustrative in nature and VALAMAR does not guarantee that the image fully corresponds to the product or service itself.

All prices are expressed in Croatian national currency, Croatian kuna (kn), and include VAT. The products are delivered at prices valid on the day of ordering and published in the Valfresco Direkt web store.

Prices are subject to change. Featured product prices do not include the delivery costs.

According to its decision, VALAMAR can offer certain products at prices lower than the prices in regular sales, i.e. with a special discount that is available under the same conditions to all Buyers or only to a precisely specified group of Buyers. The conditions of special forms of sale such as the duration of such sales, the limitation of the quantities of goods, the amount of the discount, etc. will be described in detail on the product page. After the expiration of the sales period at prices lower than the prices in regular sales, VALAMAR cannot accept orders under the conditions relating to special forms of sale for which the deadline has expired. As the seller, VALAMAR will, in compliance with all the provisions of positive regulations, occasionally organize special sales of certain products, special offers of certain products that will be limited in duration, and special seasonal offers that will be available only for a certain period of time. Such promotions and products will be prominently displayed, and you will be introduced to an overview of the product itself and on the terms and duration of such sales.

 

5. ORDERING PRODUCTS

Orders can be placed online every day from 0 to 24 hours.

Order steps:

CART> PERSONAL DETAILS AND DELIVERY> PAYMENT AND CONFIRMATION

Detailed description of order steps:

  1. You choose the product in the Valfresco Direkt web store you want to buy.
  2. For more information about a particular product or service, click on the image or text of that product.
  3. By clicking on the "ADD" icon, the selected product or service is saved in your shopping cart. It is possible to edit the amount of product before it is added to the cart.
  4. If you want to continue shopping after you have added the selected product or service to the cart, you can do the same by selecting the next item or product and save it in the shopping cart.
  5. Your shopping cart contains an overview of all the products or services you have chosen so far and their price and quantity that can be edited or deleted.
  6. You can change the quantity of a specific product or service by entering the desired quantity in the "QUANTITY" field.
  7. If you want to remove a certain item from the shopping cart, you can do the same by pressing the "X" mark for an individual item.
  8. After you have selected the desired products and their quantity, you choose the method of payment (cash on delivery or card) and enter personal details: name, surname, e-mail, email confirmation, phone number, address, city, postal code
  9. After entering personal details, you choose the delivery method: Valfresco Direkt Takeaway point (Labin or Poreč) or to the address specified by the customer and you fill in the required information (address, day, date) related to delivery.
  10. Then the Buyer proceeds to the payment which depends on the previously selected method of payment. If you have chosen to pay by card (payment gateway), you will be taken to the screen where you need to fill in the cardholder information and finally to the 'Confirm and pay' screen. If the payment is in cash, you will be redirected to the 'Confirm and pay' screen
  11. The purchase ends by selecting the "CONFIRM AND PAY" icon.

The order is considered received and accepted by VALAMAR, at the moment when the Buyer electronically completes the purchase by selecting the icon "CONFIRM AND PAY" and VALAMAR receives this notification.

After completing the order, you will receive an e-mail containing both the order number and the basic elements of the order with the text of the General Terms and Conditions, which e-mail is a confirmation of the contract. You will also receive an invoice or order confirmation in the e-mail, depending on the chosen payment method. An invoice in physical form will be delivered to you when you pick up the goods.

 

6. PRODUCT DELIVERY AND COLLECTION OF PRODUCTS IN STORAGE

Delivery to the address specified by the Buyer

VALAMAR delivers products in the area of the Istria County. On the pages of the Valfresco Direkt web store, you are allowed to specify the delivery date on the calendar. Delivery is made every day, including Sundays and holidays, and you can choose the delivery time from 11:00 to 15:30 or from 15:30 to 20:00. If the courier estimates that due to some extraordinary circumstances he will not be able to deliver in the selected time, he will inform you and agree on an alternative date and method of delivery. In any case, the courier will inform you by phone about the exact time of arrival, just before arrival. At the address specified in the order, it is necessary to ensure the presence of a person to collect the products. If delivery cannot be realized due to insufficient access or access to the delivery address or in case there is no one to pick up the product at the delivery address, the products are not left at the address, but we will try to deliver the goods again. If you do not collect the products in two attempts, it is considered that you canceled the takeover and VALAMAR reserves the right to unilaterally terminate the distance sale contract. In the event that the products have been paid for, VALAMAR will in this case refund you only the amount of the value of the products within 14 calendar days after the second failed collection. If for any reason you were not available at the delivery address or via the indicated contact number, VALAMAR is not responsible for extending the aforementioned delivery times.

Collection of goods in storage - ValFresco Direkt Takeaway point

In addition to delivery to the specified address, VALAMAR also allows you to pick up goods at the VALAMARA storage in Labin, Marcilnica 71 - Valfresco Direkt Takeaway point or Poreč, Valfresco market - Lanterna Premium Camping Resort, Lanterna bb, 52465 Tar. If you choose the option to collect the goods at the Valfresco Direkt Takeaway point, you will arrange in advance the time of collection of the products at the designated place marked Valfresco Direkt Takeaway, you will call the employee, who will then deliver the ordered products. In the event that you do not pick up the goods within 3 working days at the latest, it is considered that you have canceled the collection and VALAMAR reserves the right to unilaterally terminate the distance sale contract. In the event that the products have been paid for, the money paid will be refunded in full within 14 calendar days after the expiry of the 3-day period for collecting the goods.

COMMON PROVISIONS

The products will be packed in such a way that they cannot be damaged by normal handling during transport. You are obliged to check for any damage and defects when receiving the products.

When you pick up the products, in order to ensure the quality of delivery, you are obliged to show the order confirmation/invoice and sign the delivery invoice. Since the sale of alcoholic beverages to persons under the age of 18 is prohibited, you are obliged to present a document proving your legal age upon request upon collection.

In exceptional circumstances, when there are official recommendations for the implementation of certain protection measures or VALAMAR decides that it is good to adhere to special delivery conditions, delivery will be contactless. In that case, during the delivery to the address, the delivery person will leave the ordered products in front of the apartment / house, and timely inform the Buyer about the delivery. Also when picking up the products in storage, delivery will be done without physical contact between the Buyer and the person who delivers the products from the storage.

The risk of accidental defect or damage to the Product passes to the Buyer at the time when the Product is handed over to him or to the person he named.

Delivery fee to the address indicated by the Buyer

Delivery for orders over HRK 300.00 is free.

Delivery for orders under HRK 300.00 is HRK 30.00.

The delivery cost will be displayed on your order and invoice.

7. PAYMENT METHODS

You can choose between two payment methods:

  1. card via the WSPay system to which you will be redirected to make a secure payment, in which case you will immediately receive an invoice by e-mail, which you will also receive in physical form when you collect the products. Link to the pages and conditions of use of the WSPay system: https://www.wspay.info/
  2. cash when you pick up the products, in which case you will receive an order confirmation by e-mail, and an invoice when you collect the products. 

8. SUBMISSION OF WRITTEN COMPLAINTS OF CONSUMER CUSTOMERS

If you are dissatisfied with the service of Valfresco Direkt web store or the delivered product, we will try to respond to any complaints as soon as possible, and improve our service.

In accordance with the provisions of the Consumer Protection Act, we inform Buyers - natural persons about the possibility of submitting a written complaint. Buyers can send their written complaints by e-mail to prigovori.raskidi@valfresco.com or send it by mail to the address Valamar Riviera d.d., Poreč, Stancija Kaligari 1., marked "Valfresco Direkt".

We will send you a confirmation of receipt of your complaint as soon as possible, and you will receive a written response to the received complaint no later than 15 days from the received complaint. 

9. LIABILITY FOR MATERIAL DEFICIENCIES

In case of material defects of the Product, VALAMAR is responsible for them pursuant to the Civil Obligations Act.

Every Buyer has the right to complain about the delivery of the wrong product, the delivery of a product that has expired, or if the goods were delivered with a defect or damage and other similar cases. VALAMAR is not liable for defects if they were known to the buyer at the time of concluding the contract or could not remain unknown to him.

The Buyer - the consumer is obliged to inform the Seller about the existence of defects within two months from the day when he discovered the defect, and no later than within two years from the transfer of risk to the consumer.

The Buyer may send a complaint (related to the product or dissatisfaction with the Seller's service) to the address prigovori.raskidi@valfresco.com or send it by mail to the address Valamar Riviera d.d., Poreč, Stancija Kaligari 1., marked "Valfresco Direkt" or by phone at 00 385 52 465 100. In the complaint, we ask the Buyers to state the order or invoice number and the description of the complaint, so that the Seller can react to the complaint as quickly as possible. If these are products that have expired or are unusable for any other reason, we ask Buyers to send pictures of the expiration date or the entire Product.

The Buyer who has timely and duly notified the Seller of the defect and it is determined that the complaint is justified has rights under the Civil Obligations Act including the right to unilateral termination of the contract with refund or replacement for the correct product.

In this case, the return of Products that are incorrectly delivered, damaged or unusable is made at the expense of the Seller, as well as the cost of replacing the product.

All products from the Valfresco Direkt web store that are stored and delivered in accordance with the declared storage conditions, i.e. the manufacturer's recommendation.

The customer is not entitled to a return of an expired product that has been delivered with a valid shelf life, as well as a product with a valid shelf life if it is open and meets health safety standards.

 

10. BUYER - CONSUMER RIGHT TO UNILATERAL CONTRACT TERMINATION

Only the natural person Buyer has the right to notify the Seller within 14 days from receiving the product that he withdraws from the contract without the need to state the reasons for termination. The deadline starts the day after the product collection date. Your cost in this case will only be the cost of returning the product to the Seller. The product must be returned to the Seller no later than 14 days from the submitted request for termination of the contract (cancellation of purchase) to the address Valamar Riviera d.d., Poreč, Stancija Kaligari 1., marked "Valfresco Direkt" or e-mail address: prigovori.raskidi@valfresco.com. The Seller will refund the amount paid for the purchase price after receiving the product, in the same way as the goods were paid for. The product must be returned in the original packaging, unused and undamaged with the original invoice.

You do not have the right to terminate the contract unilaterally without giving a reason if:

  • the subject of the contract goods whose price depends on changes in the financial market that are beyond the influence of the trader, and which may occur during the consumer's right to unilateral termination of the contract;
  • the subject of the contract is perishable goods or goods which are rapidly expiring;
  • the subject of the contract is sealed goods which, due to health or hygiene reasons, are not suitable for return, if they were unsealed after delivery;
  • the subject of the contract are goods which, by reason of their nature, are inseparably mixed with other things after delivery.

On this link you can find a form for unilateral termination of the contract, which you can send to VALAMAR by e-mail, about which you will receive a confirmation of receipt from VALAMAR, without delay. The form can also be delivered by mail to the address Valamar Riviera d.d., Poreč, Stancija Kaligari 1., marked "Valfresco Direkt" with the indication - unilateral termination.

You can unilaterally terminate the contract without a form, through an appropriate unambiguous statement expressing your will to terminate the contract. The statement must contain the name and surname, address, telephone number or e-mail address of the Buyer, and the order number. VALAMAR will also acknowledge receipt of such statement from the Buyer.

The Buyer is responsible for any loss of value of the goods resulting from handling of the goods, except for the handling that was necessary to determine the nature, characteristics and functionality of the goods.

11. INTELLECTUAL PROPERTY AND USE OF THE WEBSITE

All content published on the VALFRESCO DIREKT website is owned by the company Valamar Riviera d.d. or is otherwise legally used by Valamar Riviera d.d.. All visitors to the site are prohibited from copying or using the content of the site in any way, except as provided in these General Terms and Conditions.

Access to the Website may from time to time be prevented due to site maintenance, making improvements to the Site or any other reason or circumstance that VALAMAR will attempt to mend as soon as possible.

When paying by card, Buyers will be redirected to the pages of our partner WS Pay system, and on these pages will adhere to their policies where they will also be able to read their general terms and/or conditions of business and privacy policy.

Also on the web store page there are links to other VALAMAR websites where you can find more information about VALAMAR.

12. DISCLAIMER

The Buyer explicitly agrees to use the web store solely at his own risk, and that VALAMAR is in no way responsible for the Buyer's authority to enter into the contract.

VALAMAR does not guarantee the Buyer that the use of this site will not be interrupted or that it can be used without errors at any time, nor is it responsible to the Buyers for the consequences of using this site. Disclaimer in connection with the use of this website applies to all damages, direct or indirect, or possible injuries caused by any bad features, error, exclusion, interruption, deletion, malfunction, delay in operation or transmission, computer virus, interruption in the communication line, theft, destruction or unauthorized access, alteration or misuse of records, termination of contract, misconduct, negligence, or any other act.

The user of the site explicitly confirms that VALAMAR is not responsible for offensive, inappropriate or illegal behavior of other users or third parties and that the risk of damage that may occur as a result of this lies entirely with the end user.

VALAMAR will not be liable for any damage that may occur as a result of use, or due to the inability to use this website. The end User expressly acknowledges that the terms of this chapter apply to the entire content of this website.

VALAMAR will not be liable, regardless of the cause or duration, for any errors, inaccuracies, or other deficiencies, inadequacy or inaccuracy of the information contained on this website, as well as for any delay or interruption in the transmission of information to the end user, for any claims or losses arising therefrom. VALAMAR will not be liable for any claims or losses of a third party, including lost profits.

VALAMAR reserves the right to change, adapt, modify, delete or remove any content it deems inappropriate. VALAMAR shall in no event be liable to anyone for any direct, indirect, special or consequential damages resulting from the use of this or any other website, including, without limitation, loss of profits, downtime, loss of programs or other data on your data processing systems or otherwise, even when we are expressly notified of such damages.

VALAMAR reserves the right to immediately revoke any end-user passwords or user accounts in the event of any end-user behavior that VALAMAR, in its sole discretion, deems unacceptable, as well as in any case of non-compliance with these Terms by the end user.

 

13. DISPUTE RESOLUTION

VALAMAR will try to resolve all disputes with the Buyer in a peaceful manner.

Disputes within the European Union related to online shopping can be resolved through the ORS platform, which can be accessed at the following link: http://ec.europa.eu/odr.

In case of failure to reach an agreement, all disputes will be resolved before the competent court as per VALAMAR's head office, with the application of Croatian law.

14. APPLICATION

These General Terms and Conditions apply from 01.05.2020.

VALAMAR reserves the right to change these General Terms and Conditions at any time, without prior notice.

All changes to these General Terms and Conditions will be published on this website and the date of their entry into force will be announced.

Any changes to these General Terms and Conditions will only be effective for new orders registered after the publication of these changes on this website.