TERMS AND CONDITIONS
These terms and conditions of sale are the terms and conditions on which we supply any of the products listed on our website, www.duga.com, to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
We reserve the right to make changes to these terms and conditions of sale at any time by publishing a new version on our website. Our applicable terms and conditions of sale are those published on this web page at the time you place your order.
1.1 We own and operate the retail website www.duga.com ("Website"). Any reference in these terms and conditions to "Duga", "we", "us" or "our" is a reference to Duga, a company registered in Croatia.
1.2 Through this Website Duga makes available to you various textile products and books made by Duga and our commercial partners (the "Products") to online web users ("Customer", "you" or "your"). For the purposes of these terms and conditions, the Customer and Duga will be collectively referred to as "Parties".
2. SERVICE AVAILABILITY
2.1 Products are sold to private individuals for the Customer’s personal and not professional use. Duga reserve the right to cancel any order which in its opinion is excessive or not for personal use.
2.2 The Website is only intended for use by people resident in the EU ("Territory"). We do not accept orders from individuals outside the Territory.
3. PRODUCT AVAILABILITY
3.1 Only the Products currently displayed on the Website are offered for sale (subject to stock availability).
3.2 Photographs of Products on the Website are for indicative purposes only and shall not be relied on by the Customer in any way. The Customer is required to read the description of each Product to be aware of specific details relating to the Product.
4.1 All prices are displayed in euros and are inclusive of taxes (where applicable).
4.2 The price of the Products and our delivery charges will be as quoted on the Website at the time of placing an order, except in cases of obvious error.
4.3 The flat-rate delivery charge will be added at order summary stage prior to the Customer clicking on the submit order button.
5.1 If you wish to place an order, you may select Product and add them to your basket by clicking on the "Add to basket" button.
5.2 All new Customers are required to create a Customer account before placing an order. You must complete the form provided, which will include key information to identify yourself, a valid email address and password of choice (personal and confidential to you), all of which will serve to confirm your identity on the Website in the future.
5.3 All Customers with an account will be required to login to their Customer Account by confirming their email address and password. Any order placed using your email address and password will be deemed to have been made by you and you will be responsible for any such order made. We therefore recommend keeping such email address and password private and confidential at all times.
5.5 By confirming your order you agree to be bound by these terms and conditions of sale and the information set out in the order summary. Your order constitutes an offer to buy your selected Products from Duga and will be subject to acceptance by Duga in accordance with condition 7 below.
5.6 Duga reserves the right to refuse an order if:
(a) it considers the order to be excessive or not for personal use as described in condition 2 above;
(b) there is any ongoing dispute with the Customer;
(c) there has been total or partial non-payment of a previous order placed by the Customer;
(d) the bank has declined the bank card payment submitted by the Customer; or
(e) in Duga’s opinion there is any other legitimate reason (including but not limited to the non-availability of the Product(s), the order being abnormal or unusual or any lack of good faith on the part of the Customer.
6.1 The sum due for payment by you is the total amount shown on the order summary that you checked prior to confirming your order. The price is repeated again once payment has been made in the order summary email sent to you by Duga.
6.2 We accept the following forms of payment: credit/debit cards (Visa, Mastercard, Maestro) and PayPal.
6.4 All card payments are subject to authorisation by your card issuer and your card will not be debited until the order has been prepared for dispatch. In any case, the amount charged by Duga will correspond to the Product(s) actually dispatched to you by Duga.
6.5 If you select payment by PayPal, you will be re-directed to the PayPal website to complete your payment using your PayPal account. All personal information that we send to PayPal is encrypted. For more information on the security of PayPal transactions, please contact PayPal.
7. ORDER CONFIRMATION
7.1 When you submit an order, we will take payment and send you an e-mail to acknowledge that we have received your order and that your order is being processed.
7.2 We generally aim to process orders within 1 week but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In these cases we will process your order as soon as is reasonably possible.
7.3 Orders placed on the Website on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on the Duga Website on a public holiday that falls on any day other than Friday, Saturday or Sunday will be processed on the following working day.
7.4 A contract of sale between you and Duga ("Contract") is formed when we send you the Order Confirmation.
8.1 We aim to deliver your order within the timescales set out below and, in any event, within 30 days of the date on which we send you your Order Confirmation.
8.2 The delivery charge for your chosen delivery method will be shown in your order summary before you submit your order and confirmed in your Order Confirmation.
8.3 Home Delivery
We will aim to deliver your order within five (5) working days from the date of your Order Confirmation. We will deliver the Products ordered by you to the delivery address provided and confirmed by you in the order summary. You may have Products delivered to an address other than your own. We only deliver to addresses in the Territory.
We will not be liable to you for any errors in the delivery address provided by you or for any subsequent change of address of which we have not been notified prior to dispatch.
9. RECEIPT OF ORDER
9.1 The Products will be your responsibility from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.3 When you receive your order, you must check that the Products received are in conformance with your order. Please contact us if you encounter any problems with your order (for example, missing or damaged items). You may contact us by:
(a) contact form – click under Contact Us on Website www.duga.com; or
(b) telephone on +385 98160 1763 (lines open Monday to Friday, 9.30 am to 4.00 pm).
10. YOUR LEGAL RIGHT TO CANCEL YOUR ORDER WITHOUT A REASON
10.1 You have a legal right to cancel your order without a reason. To cancel your order you must tell Duga that you wish to cancel your order within fourteen (14) days from the date on which your order is delivered to you.
10.2 You may tell us that you wish to cancel your order by submitting a cancellation form through our Website, or telephone our customer services line (see section 10.3).
10.3 You must return the Product(s) to us within fourteen (14) days of the date on which you cancel your order by sending it by post, at your own expense, to: Duga, Returns, Podcrkavlje b.b. 21322 Brela, Croatia.
Products should be returned in their original state, with their original label, and unwashed. To enable us to process the return of your Products, please include a copy of your delivery note along with your return.
10.4 We will refund to you the total cost of your order (including any standard delivery charges) within fourteen (14) days from the date on which you cancel your order. However, if we do not receive your returned Product(s) (or proof that you have sent them to us) within this period, we may withhold refund until we have received the Product(s) (or proof that you have sent them to us).
10.5 We may reduce the amount that we refund to you (excluding delivery costs) to reflect any reduction in the value of the Product(s) caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount on request.
11. YOUR RIGHTS IN RELATION TO DEFECTIVE PRODUCTS
11.1 We are under a legal duty to ensure that any Product that you purchase from us through the Website will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for the purposes for which the Product is commonly supplied.
11.2 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. Nothing in these terms and conditions of sale will affect your legal rights. If you would like information about your legal rights you should contact your local authority trading standards department or citizens’ advice bureau.
11.3 If you are not satisfied with your Product(s) for any reason, please contact us as set out in section 9.3.
12. EXCHANGES AND REFUNDS
12.1 In addition to your legal right to cancel set out in section 10, you may also exchange your Products or return Products for a refund as set out in this section 12.
12.2 Exchange period starts from the day your order is delivered to you. If you are not home on the day delivery is made, the period starts from the date of first presentation of your package to delivery address.
Only Products that are in their original state, unwashed, with their original label may be exchanged. To exchange any Product, you must present the invoice you received by e-mail when your order was confirmed.
Subject to the terms of this article 12.3, you may return your Product(s) to us within 14 days.
Return period starts from the day your order is delivered to you. If you are not home on the day delivery is made, the period starts from the date of first presentation of your package to delivery address.
Products must be returned in their original state, unwashed, with their original label and in their original packaging (which may have been opened) to the following address: Podcrkavlje b.b. 21322 Brela, Croatia. Returns must be accompanied by a return slip or delivery note with your details for us to be able to process it.
Provided that you have duly followed the above-mentioned instructions, we will refund the cost of any Product(s), excluding delivery charges, returned in compliance with the above requirements within thirty (30) days following receipt of your return request.
13. PERSONAL INFORMATION
14. FORCE MAJEURE
14.1 Duga is not liable for any delay or non-performance of its contractual obligations relating to our Contract with you if such failure or delay results from any circumstance or event beyond Duga's reasonable control (a "Force Majeure Event") including but not limited to:
(a) a total or partial disruption or strike affecting, in particular, the postal services or means of transport and/or communication;
(b) any default of our suppliers or sub-contractors;
(c) fire, explosion or other catastrophes;
(d) any denial of use of any railway, motorway, port, airport or other means of transport for any reason;
(e) breakdown of plant machinery, computers or vehicles;
(f) war, threat of war, armed conflicts, rebellion, sabotage or riots, acts of terrorism and actions by civil or military authorities resulting from such acts, civil commotion; or
(g) extreme adverse weather conditions including flood, earthquake, snow, windstorm or other natural disasters or acts of God.
14.2 Duga will notify you in the event of a Force Majeure Event within 10 working days of its occurrence and shall be relieved of its obligations to you until the applicable Force Majeure Event is over.
14.3 If the Force Majeure Event affecting Duga continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate Duga will refund you at the earliest opportunity.
15. ENTIRE AGREEMENT
All services provided to you by Duga are subject to these terms and conditions together with any previous written or oral representations given or made by Duga or any representatives of Duga. Neither Duga nor you may alter the terms of this agreement without the consent of the other.
16. LAW AND JURISDICTION
16.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by EU laws and regulations.
16.2 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Croatia.