General business terms (Purchase conditions)
These Purchase Terms are part of the Seller’s obligation in accordance with the provisions of the Consumer Protection Act and serve to inform the Buyer, in a clear and understandable manner, about a number of circumstances important for the conclusion, execution, and termination of the contract before entering into an online sales contract, all in accordance with legal regulations.
The term Seller refers to a trading company:
Identities LLC
Aleja pomoraca 15, 10000 Zagreb
Vat Nr: HR26683619480; ID Nr: 081566555
T: +385 (0)1 777 4242; +385 (0)91 508 0890
The seller reserves the right to change the terms at any time, with the stated changes taking effect after publication on these websites. When the Buyer confirms and executes the order, the contract is concluded, and the Seller will immediately notify via email that the contract has been concluded. For a validly concluded contract, it is necessary that the Buyer is an adult person with full legal capacity. The Buyer is responsible for the completeness and accuracy of the data entered during registration. The purchase conditions are divided into the categorized/information listed below. The consumer, as a buyer, enters into a sales contract with Identities LLC for trade and services, Aleja pomoraca 15, Zagreb, VAT Nr: 26683619480 (hereinafter: Identities LLC) as a seller.
The user is a person who uses the website www.identitiesgallery.com, just like any customer and visitor to the website www.identitiesgallery.com. The conclusion of a sales contract through the website www.identitiesgallery.com is regulated in accordance with legal provisions, taking into account especially the principles and provisions of European Union directives. The conclusion of a contract through the website www.identitiesgallery.com represents the conclusion of an online sales.
These General Terms and Conditions represent a pre-contractual notice and relate to the conclusion of a sales contract if the buyer is a consumer, meaning any individual who concludes a legal transaction or acts on the market outside their trade, business, craft, or professional activity. This applies if the contract is concluded between a trader and a consumer within an organized sales or service provision system, without the simultaneous physical presence of the trader and consumer in one place, whereby one or more means of remote communication are exclusively used for the conclusion of the contract until the time of its conclusion. Means of remote communication are any tools that can be used to conclude contracts remotely without the simultaneous physical presence of the trader and consumer, such as the internet and electronic mail.
The contract is concluded when the seller accepts the buyer’s offer, and everything stated on the website www.identitiesgallery.com represents an invitation to make an offer. The seller may terminate the sales contract if the buyer does not pay the purchase price, and is not obliged to deliver the products until the purchase price is received. If the buyer for any reason does not pick up the shipment and it is returned to the seller, the seller will not repeat additional deliveries. The content of the website www.identitiesgallery.com is available in Croatian and English. The official language for concluding the sales contract is Croatian.
Main characteristics of the products (artworks)
The main characteristics of the products: the products (artworks) are presented descriptively and with photographs. The photographs of the works are realistic and always correspond in all details to the products being ordered. The seller specifically points out that the visual identity of the product shown in the photograph may not match the appearance of the product in reality, considering the settings of the buyer’s computer monitor, differences in color perception as seen by the buyer on the screen, etc. In the case of the aforementioned discrepancy between the product (artwork) shown in the photograph and the delivered work, it is not considered a deficiency of the product (artwork). Information about the artworks (product description, price, etc.) displayed on the website www.identitiesgallery.hr is subject to bugs, malfunctions of the application, other technical discrepancies, typographical errors, etc. In the event of obvious errors or inaccuracies regarding the product (artworks) data displayed on www.identitiesgallery.com the seller reserves the right to unilaterally terminate the contract.
Price of the product (artwork)
Prices displayed on the website www.identitiesgallery.com are expressed in EUR. The prices of the products (artworks) include shipping costs (except for certain heavy sculptures for delivery abroad and where it is explicitly stated in the artwork’s description).
Delivery costs
The cost of delivery of the artworks is not charged. Delivery is only charged for certain large-weight artworks/sculptures if the delivery address is outside the Republic of Croatia, and it depends on the country of delivery and the weight of the artwork.
Contract Conclusion
Purchasing procedure is done on the website www.identitiesgallery.com by filling out the designated form. When filling out the form, the customer is required to enter all the information requested. A purchase can be made upon the customer’s confirmation that they have previously read and understood the Terms of Purchase (General Terms of Business) and that they agree to them and are aware that this is an order with a payment obligation. Purchases are possible 24 hours a day, 7 days a week. When the customer completes the product selection process by clicking on “Complete Purchase,” they will be redirected to a page where they enter the necessary delivery details, select the payment method, delivery method, and add any additional notes if they have any. The purchase cannot be continued without checking the box “I agree to the terms of purchase,” whereby the customer confirms that they have read and understood these General Terms of Business and agree to them, as well as checking the box “I am aware that the order includes a payment obligation.”
In case of problems or uncertainties during the order, the customer can contact Identities LLC at the email address [email protected]. If Identities LLC is unable to deliver any of the ordered artworks for any reason, the director of Identities LLC will contact the customer by phone or email to arrange for the delivery of a replacement artwork or possibly cancel the ordered product. The seller does not incur any additional costs for remote communication.
Terms and conditions of payment, delivery conditions of products, and delivery time of products
Products (artworks) are ordered by selecting, using the menu, and filling out the electronic form. The customer can order and purchase a product (artwork) as a registered or unregistered user. The product (artwork) is considered ordered when the customer completes the entire ordering process
Payment for ordered products (works) can be made in the following ways:
- Internet banking
- General payment slip
- Credit card (Visa, MasterCard, and Maestro)
In the event that the payment is not made within 3 business days, the Seller will proceed with the delivery of the purchased products (artworks) even after the payment has been made outside the deadline, and if they are unable to deliver for justified reasons, the contract will be unilaterally terminated, and the paid funds will be refunded. If the payment has been properly made and is visible on the Seller’s account, the Seller will proceed with the delivery of the ordered products (artworks). The ordered works are delivered by a representative of the gallery in person or via a delivery partner company selected depending on the delivery address (GLS / General Logistics Systems Croatia LLC, DHL, UPS, etc.) Delivery times are: 1 – 7 business days, depending on the address and country of delivery. If there is an impossibility of delivering the selected product (artwork) because the product (artwork) is no longer available, the Seller is obliged to immediately inform the Buyer, and the Buyer has the right to terminate the contract and request a refund or agree to a subsequent delivery date for another selected artwork.
The delivery deadlines do not include:
- the day of receipt of the order/request
- the time delay due to incorrect and incomplete address of the Buyer
- the time delay due to force majeure or other reasons for which the Seller is not at fault
- non-working days if they represent the beginning or end of the deadline.
Return and Complaint Conditions
When picking up the product (artwork), the Buyer is obligated to inspect the shipment and immediately notify the Seller via email about any damage or delivery errors. If it is a case of incorrectly delivered work, the Buyer has the right not to accept such artwork, and the cost of redelivery is borne by the Seller. The Buyer’s complaint is timely if submitted within the legal period of 14 days from the date of receipt of the shipment by the representative or delivery service engaged by Identities LLC. The Seller is obligated to accept all complaints from the Buyer within the legal time frame prescribed for online commerce and bear the delivery costs. In case the Buyer cancels the purchase for any reason before receiving the shipment within the legal timeframe, Identities LLC will refund the Buyer the full amount paid minus any already incurred payment and delivery costs. Disputed relationships arising from the Sales Agreement are resolved by the Seller and the Buyer. Identities LLC disclaims responsibility for everything not covered by these General Terms and Purchase Conditions. If you are dissatisfied with the received artwork for any reason or it does not meet your expectations, we offer the possibility of a refund in accordance with legal conditions and deadlines. The costs of shipping and returning the work in this case are borne by the Buyer. The artwork you are returning must not be used and must be in its original undamaged packaging. Please send us a return request via email at [email protected] and also contact us by phone at +385 91 508 0890 no later than 14 days from the receipt of the shipment, providing information about the artwork, the purchase and delivery date, and request the return of the product. After you receive approval for the return from Identities LLC, pack the artwork in its original packaging and shipping packaging, enclose the original invoice, and send it to: Identities d.o.o., Aleja pomoraca 15, 10 000 Zagreb – HR / Croatia.
The product (artwork) is your responsibility until it arrives at our address, and in this case, the Customer bears the costs of delivery and return of the work. Custom-made artworks do not qualify for return. This includes ordered artworks as well as customized and designed items. However, once the ordered artwork is finished and ready for shipment, you will be asked to give final confirmation based on a photograph or in-person presentation of the ordered artwork (if conditions allow for it). As long as the artwork has not been shipped, you can still cancel the order within the legally prescribed period and receive a full refund. Once you confirm the order of the artwork made for you, it goes into delivery and no longer qualifies for a refund.
Unilateral termination of the contract
In accordance with the Consumer Protection Act, you have the right to unilaterally terminate the contract without stating a reason within 14 days from the date of delivery of the artwork, or the last artwork from the order. To exercise your right to unilaterally terminate this Agreement, you must inform us of your decision to unilaterally terminate the contract before the deadline, by sending an unequivocal statement via email to [email protected], in which you will state your name and surname, address, phone number, and email address. The end user is responsible, in accordance with the Consumer Protection Act, for any reduction in the value of the artwork that results from handling the artwork, except for that which was necessary to ascertain the nature, characteristics, and functionality of the artwork. The right to unilateral termination of the contract is excluded in cases specified in Article 74 of the Consumer Protection Act.
Responsibility for material defects
In accordance with the Consumer Protection Act, the relations between consumers (end users) and the company Identities LLC in case of a material defect in the artwork are governed by the provisions of the Law on Obligations (NN 35/05, 41/08, 125/11, 78/15) regarding liability for material defects. Special note: since all artworks offered by Identities LLC are original artistic works and handicrafts, such artworks may standardly have certain deviations in proportions, colors, appearance, or shape of the artwork, which is not considered a material defect of the product (artwork). According to general rules of obligation law and market customs, a material defect of an artistic work usually refers to physical flaws that reduce the value or usability of the artwork, such as damage, forgery, lack of authenticity, defective materials, and similar.
The following are not considered material defects of an artwork:
- subjective dissatisfaction of the buyer with the appearance or style of the piece
- the artistic expression of the author – imperfections that are part of the style (e.g. intentional cracks, asymmetry, rough brush strokes, etc.)
- the age of the artwork and normal wear and artwork if the artwork is old and this was known to the buyer
- changes in market value (e.g. if the piece has lost value after purchase)
- a mistaken impression about the significance of the artist, if there was no fraud
Identities LLC is also not responsible for defects that were known to the Buyer at the time of contract conclusion or could not remain unknown to them, for defects that the buyer could easily perceive that the artwork has certain properties or characteristics, nor for minor material defects of the artwork – handcrafted item.
Duration of the contract
The contract that the Buyer concludes with the Seller is a one-time online sales contract for products that is consumed upon delivery of the product (artworks) and completed payment by the buyer, unless it is terminated. These Purchase Terms are an integral part of the contract.
