General Terms of Business and Purchase

These General Terms of Business and Purchase (the “Terms”) govern the use of the Zrin online store and the rights and obligations relating to ordering and buying products from:

Thesaurus Zrin d.o.o.
OIB: 93321267049
Registered office: Jačkovinski Klanec 24, 10000 Zagreb
MBS: 080786270
E-mail: info@zrin.com
Telephone: +385 99 440 1980
Address for written complaints and returns: ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb

hereinafter: the “Merchant”.

The online store is available at production.egmcbg18.vallic.cloud/en, hereinafter: the “Webshop”.

1. Application of the Terms

These Terms apply to every order placed through the Webshop, unless expressly agreed otherwise for a particular product, offer or relationship.

A “Consumer” is any natural person entering into a legal transaction or acting on the market outside their trade, business, craft or professional activity.

A “Buyer” covers a consumer and any other natural or legal person ordering products through the Webshop.

Where the Buyer is a consumer, their statutory protections cannot be excluded or limited by these Terms. Where these Terms conflict with a mandatory provision of law, the mandatory provision applies.

Before placing an order the Buyer must have the opportunity to read and save these Terms. By placing an order the Buyer confirms familiarity with the version of the Terms made available during the ordering process.

2. Products and product information

The Merchant endeavours to provide complete, clear and accurate information about every product, including its essential characteristics, material, type and purity of precious metal where applicable, dimensions, available sizes, the type and characteristics of the gemstone or other stone, price, method of manufacture and other information relevant to a purchasing decision.

The information on a particular product page, together with the individually agreed specifications set out in the order and in the order acceptance confirmation, constitutes the description of the product ordered.

Product photographs aim to show the actual product as faithfully as possible. Because of screen settings, lighting, photographic enlargement, hand finishing and the natural properties of particular materials and gemstones, minor visual differences may occur which do not in themselves constitute a defect where they do not affect the agreed characteristics of the product.

This provision does not limit the Merchant's liability where the product delivered does not correspond to the agreed description, sample, specification or other statutory conformity requirements.

3. Precious metals, hallmarks and certificates

Articles of precious metal are placed on the market in accordance with the applicable regulations of the Republic of Croatia and the European Union on the marking, purity, testing and hallmarking of articles of precious metal.

Where a statutory obligation of state testing and hallmarking exists for a particular product, that product will be placed on the market in accordance with that obligation.

In cases prescribed by law, particular articles may be exempt from mandatory state hallmarking, or may carry an appropriate certificate in place of a physical state hallmark. The absence of a physical state hallmark alone therefore does not necessarily mean that a product does not comply with the regulations.

Where a gemological laboratory certificate, a diamond certificate, a hallmarking certificate or another document accompanies a product, this will be stated in the product description or in the order confirmation.

Where an independent grading report or another certificate is stated for a particular stone, the identity of the issuer and, where available, the certificate number form part of that product's description.

4. Gemstones, natural materials and handcrafting

Natural diamonds and other natural precious or semi-precious stones may contain natural characteristics and inclusions, and may differ in colour, tone, pattern or structure.

For products where the Buyer is not purchasing one specific, individually identified stone but a stone defined by an agreed range of characteristics, natural variation within that agreed range is possible.

Where a lab-grown diamond or another laboratory-produced stone is sold, that characteristic will be clearly stated in the product description.

Any treatments of a stone that are relevant to the properties of the product are stated where applicable and required under the rules in force and professional standards.

Natural characteristics stated transparently in advance and inherent to the agreed type of product are not in themselves considered a material defect.

5. Prices

All retail prices intended for consumers are expressed in euros and include VAT, unless expressly and lawfully stated otherwise.

Delivery costs and any other additional charges are shown to the Buyer before the order is placed, where they can be calculated in advance.

The price applying to an accepted order is the price stated in the Order Acceptance Confirmation, unless applicable mandatory provisions require otherwise.

Discounts, promotional codes and other benefits may be subject to particular conditions stated with the promotion concerned. Multiple benefits are not combined unless it is expressly stated that combining them is permitted.

6. The ordering procedure and the moment the contract is concluded

Within the limits permitted by the mandatory provisions in force, the parties agree that the display of products, prices and availability on the Webshop constitutes an invitation to the Buyer to submit an order, that is an offer to purchase, and not an automatic acceptance by the Merchant of an obligation to fulfil every order received.

Before placing an order the Buyer may review the selected products, the quantity, the individual specifications, the price, the costs and the information entered, and correct any errors.

By activating the button which clearly indicates that the order carries an obligation to pay, the Buyer places a binding order for the selected products.

On receipt of an order the system may automatically send a message such as “Order received”. Such an automatic message serves to confirm receipt of the order and does not in itself constitute acceptance of the order or confirmation that a contract has been concluded, unless the message in question expressly states otherwise.

Likewise, technical card authorisation or notification from a payment service provider that a transaction has been received or authorised does not in itself constitute an Order Acceptance Confirmation by the Merchant.

On receipt of an order the Merchant may verify product availability, the correctness of the configuration, whether the item can be made, the price information, the success and security of the payment, and other objective circumstances necessary to fulfil the order.

The contract of sale is deemed concluded when the Merchant sends the Buyer, on a durable medium, a separate “Order Acceptance Confirmation”, or another message from which it unambiguously follows that the Merchant has accepted the order in question.

Where, prior to the Acceptance Confirmation, the Merchant has only reserved or authorised funds, the reservation will be released if the order is not accepted. Where funds have already been charged and the order is not accepted, the amount charged will be refunded without undue delay by the same means of payment, unless the Buyer expressly agrees to another method of refund.

7. Verification of an order before acceptance

Before accepting an order the Merchant may refuse it where there is an objective and justified reason to do so, for example where the product is no longer available, the configuration cannot be made, payment is unsuccessful, there are reasonable and specific indicators of an unauthorised or fraudulent transaction, there are legal impediments to the sale or delivery, or an objectively verifiable technical, data or content failure has occurred which prevents the order being properly fulfilled.

A decision not to accept an order must not be made in a discriminatory or arbitrary manner, or contrary to the mandatory rights of consumers.

8. Manifest errors in price or information

Despite controls, a technical, integration, data or human error may exceptionally arise on the Webshop, including an incorrectly entered price, decimal place, discount, currency, product characteristic, availability or configuration.

Where, before the contract is concluded, the Merchant establishes an objectively verifiable error that materially alters the content of the order, the Merchant will notify the Buyer without undue delay and will not accept the order on the incorrect information. The Buyer may be offered the opportunity to submit a new order on the correct information, but is under no obligation to accept such an offer.

In assessing whether an error has occurred, all the circumstances of the particular case are taken into account, including the type and usual value of the product, other information displayed with it, the structure of the price and the order, and the nature of the technical or content failure.

This provision does not give the Merchant an arbitrary right, after a contract has been validly concluded, to alter the agreed price unilaterally or to terminate the contract merely because the contract has subsequently become economically unfavourable.

Where a contract has already been concluded, the parties' rights in the event of an actual error, mistake, misunderstanding or another defect of will are governed by the mandatory provisions in force, including the Civil Obligations Act.

9. Payment and security checks

The available methods of payment are shown to the Buyer before the order is placed.

For card payments, card data may be processed by an authorised payment service provider. The Merchant will never ask the Buyer by e-mail for a full card number, a CVV/CVC security code or a PIN.

For higher-value orders, unusual purchasing patterns or specific indicators of possible unauthorised use of a means of payment, the Merchant may, before accepting the order, carry out a reasonable and proportionate additional check of the transaction and of the information needed for secure delivery.

Such a check is carried out only to the extent necessary to protect the Buyer and the Merchant, to prevent fraud and to fulfil statutory obligations.

Where the security of a transaction cannot reasonably be confirmed, the Merchant may refuse the order before accepting it and release or refund any funds reserved or charged.

10. Standard and personalised products

For the purposes of the right of withdrawal, a distinction is drawn between standard products and products made to the Buyer's specification or clearly personalised for the Buyer.

A standard product is a pre-manufactured product which, following an order, is delivered from existing stock without individual manufacture or material alteration at the Buyer's request.

A personalised product is a product which is not pre-manufactured but is made on the basis of the Buyer's individual choice or decision, or a product which is clearly and individually adapted to the Buyer before delivery.

Depending on the particular product and the method of production, personalisation may include individual design of a ring, engraving, manufacture to particular dimensions, a particular combination of materials, metals, finish or width, the individual selection and setting of a specific stone, a non-standard configuration, individual reworking, or a change of size of a product carried out specifically for the Buyer.

The mere fact that the Buyer has selected one of the standard variants offered on the Webshop will not be considered personalisation where the Buyer is delivered a pre-manufactured product from stock which was not made or adapted specifically to their individual order.

Where a product is by its actual nature a personalised product for which no statutory right of withdrawal exists, that fact will be clearly indicated to the Buyer before the order is placed.

11. Ring size and information provided by the Buyer

Before ordering, the Buyer must check the ring size entered, the engraving text, the choice of material, the colour, the stone, the configuration and other individual information they enter themselves.

Where a product has been properly made to an incorrect size, engraving text or other specification which the Buyer themselves supplied or confirmed incorrectly, that circumstance does not in itself constitute a defect in the product.

The above does not apply where the error results from incorrect information, measurement or instruction for which the Merchant is responsible.

Size charts, online tools and other methods of self-measurement are an aid to choosing. Where accuracy of size is particularly important, the Buyer is advised to have a professional measurement taken before ordering.

After an order for a personalised product has been accepted, the possibility of subsequently changing the size, stone, engraving or another specification depends on the stage of production and on whether the change is technically possible. Before any additional charge, the Merchant will inform the Buyer of the cost and of the effect of the change on the production time.

12. Made-to-order manufacture and timescales

For products made to order, the estimated or agreed manufacturing and delivery time is stated on the product page, during ordering, or in the Acceptance Confirmation.

Where a period longer than the usual delivery time has been expressly agreed for a personalised product, the period so agreed applies.

An estimated manufacturing date is not a fixed delivery date unless it is expressly marked as a guaranteed or agreed date.

Where, after the contract has been concluded, a circumstance arises which prevents the Merchant from delivering the product within the agreed period, the Merchant will notify the Buyer without delay and act in accordance with the Buyer's statutory rights.

13. Delivery

Delivery is carried out in the territories and by the delivery services stated on the Webshop.

For high-value products the Merchant may use insured or specially tracked shipment and may require collection in person, the recipient's signature, or another proportionate means of confirming proper delivery.

For security reasons clearly connected with the transaction in question, the Merchant may restrict particular methods of redirecting a shipment or leaving it unattended.

A Consumer bears the risk of accidental loss of or damage to the goods only from the moment the goods are handed into their possession, or into the possession of a third party designated by them, except in cases where the regulations in force provide otherwise.

The Buyer is advised to inspect the package and the product on receipt and to notify the Merchant of any visible transport damage without delay. A failure to report immediately to the carrier does not in itself remove the Consumer's statutory rights against the Merchant.

14. The Consumer's right of withdrawal for standard products

Where a Consumer has concluded a distance contract for a standard product through the Webshop and no statutory exception applies, they have the right to withdraw from the contract unilaterally, without giving reasons, within the statutory period of 14 days.

In a sale of goods, the period begins to run in accordance with the regulations in force from the day on which the goods were handed into the possession of the Consumer, or of a third party designated by them who is not the carrier.

The Consumer may declare withdrawal through the readily accessible “Contract withdrawal” function on the Webshop, using the statutory withdrawal form, or by another unequivocal statement sent to info@zrin.com or by post to ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb.

Where the right is exercised through the function on the Webshop, the Consumer will be sent confirmation of the withdrawal submitted on a durable medium without delay, in accordance with the law.

15. Personalised products and the right of withdrawal

A Consumer has no statutory right to withdraw unilaterally within 14 days where the subject of the contract is goods made to their specification or goods clearly personalised for them, provided the product in question genuinely meets the statutory criteria for that exception.

Such a product will be marked appropriately on the Webshop before ordering, for example:

“This product is made or individually adapted to your specification. Once the contract for this product has been concluded, there is no statutory right to withdraw within 14 days on the grounds of a change of mind.”

The exclusion of the right of withdrawal on grounds of personalisation does not affect the Consumer's rights where the product is faulty, has a material defect, was not made to the agreed specification, or is otherwise not in conformity with the contract.

16. Returning a standard product after withdrawal

A Consumer who has withdrawn from the contract in good time must return the goods within the statutory period to ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb.

The direct cost of returning the goods is borne by the Consumer, who is informed of this before the contract is concluded.

Because of the value of jewelry, the use of appropriately insured and trackable delivery is recommended. This recommendation does not restrict the lawful means by which the Consumer may return a product.

The Consumer may inspect and try the product to the extent they could reasonably do so in a physical shop, in order to establish its nature, characteristics and functioning.

The Consumer is liable for any diminished value of the product resulting from handling the goods beyond what is necessary for that inspection.

With jewelry, such diminished value may arise, depending on the case, from marks of intensive wear, scratches, knocks, deformation, chemical or mechanical damage, alteration of the product, or the loss of documentation and accessories whose absence objectively reduces the value of the returned product.

A deduction from the refund will not be applied as a flat-rate penalty or “restocking fee”, but only to the extent of the actual and demonstrable diminution in value, in accordance with the law.

17. Refunds after withdrawal

On a valid withdrawal, the Merchant will refund all amounts it is required to refund under the law, without undue delay and within the statutory period at the latest.

The refund is made by the same means of payment the Consumer used, unless the Consumer expressly agrees to another method and incurs no additional cost as a result.

In a sale of goods the Merchant may, within the limits permitted by law, withhold the refund until the goods have been returned or until the Consumer supplies evidence of having sent them back, whichever occurs earlier.

18. Engraving, resizing and other subsequent services

Engraving, resizing, replacing a stone, finishing, polishing, reworking or another intervention subsequently requested by the Buyer constitutes a separate service or an alteration of an existing product, depending on the case.

Before a chargeable additional service is carried out, the Buyer will be given information about the scope of the work, the price and, where relevant, the expected timescale.

Where a Consumer requests individual reworking of a standard product during the period in which they would otherwise have the right of withdrawal, the Merchant will inform them of the legal consequences of individual reworking, where applicable, before accepting such a request.

19. Material defects and conformity of goods

The Merchant is liable for material defects and for the conformity of goods in accordance with the Civil Obligations Act and the Consumer Protection Act in force.

These Terms neither exclude nor limit the Consumer's statutory rights in the event of non-conformity or a material defect.

Depending on the statutory conditions, the Consumer may have the right to require that the defect be remedied, or to require repair, replacement, a price reduction or termination of the contract.

A commercial guarantee, where given for a particular product, does not affect the Consumer's statutory rights in respect of a material defect.

Ordinary wear arising from regular use, and damage arising from improper use, impact, unauthorised intervention or disregard of the care instructions, does not in itself constitute a material defect existing at the moment the risk passed, except where under the applicable law the particular circumstances indicate otherwise.

20. Caring for jewelry

In order to preserve a product, the Buyer may be given instructions on caring for, wearing, cleaning and storing jewelry.

The Buyer should bear in mind in particular that fine jewelry may be sensitive to mechanical impact, abrasive surfaces, certain chemicals, intensive physical activity or unsuitable cleaning methods.

These instructions cannot be used to reject a justified complaint in respect of a defect not caused by the Buyer's own conduct.

21. Written complaints

A Consumer may submit a written complaint:

• by e-mail to info@zrin.com,
• by post to ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb,
• or in person at the premises of ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb.

The Merchant will confirm receipt of a written complaint on a durable medium without delay.

The Merchant will reply to a written complaint in writing within 15 days of receiving it at the latest, stating clearly whether the complaint is accepted as well founded.

A record of written complaints is kept for the period prescribed by law.

22. Alternative resolution of consumer disputes

Where a dispute cannot be resolved by a direct written complaint, the Consumer may, subject to the conditions laid down by the regulations in force, bring proceedings before the competent body for the alternative resolution of consumer disputes.

Where the Merchant is obliged under specific regulations to take part in a particular alternative dispute resolution procedure, or has undertaken to take part in one, the Consumer will be given information about the competent body.

In its reply to an unresolved consumer complaint the Merchant will, where the applicable regulations so require, provide information about the relevant body for the alternative resolution of consumer disputes and about its own participation in such a procedure.

23. Misuse of the Webshop and unusual orders

The Webshop must not be used for fraudulent transactions, unauthorised use of another person's means of payment, automated exploitation of technical faults, interference with the operation of the system, or other unlawful activity.

The existence of an unusual order does not in itself amount to misuse. The Merchant may carry out an additional check before accepting an order only where there is a reasonable and objective ground for doing so.

Where there are justified indicators of unlawful activity, the Merchant may take reasonable protective measures and, where necessary, cooperate with payment service providers or the competent authorities in accordance with the applicable regulations.

24. Intellectual property

Photographs, texts, the design of the Webshop, graphic materials, original product models, technical drawings and other content may be protected by copyright, design rights, trade marks or other intellectual property rights.

The purchase of a product does not transfer to the Buyer any intellectual property rights in the design, photographs, technical documentation or other protected content, other than the rights necessary for the ordinary use of the product purchased.

Where the Buyer supplies the Merchant with text, a symbol, graphics or other content for the purposes of personalisation, the Buyer is responsible for having the right to request its use. The Merchant may refuse to produce content which is manifestly unlawful or infringes the rights of third parties.

25. Personal data

Personal data are processed in accordance with the data protection regulations in force and with the separate Privacy Policy available on the Webshop.

Data needed to conclude and perform the contract, for delivery, payment, fraud prevention, handling complaints and fulfilling statutory obligations are processed on the appropriate legal bases set out in the Privacy Policy.

These Terms do not replace the Privacy Policy or the Cookie Policy.

26. Force majeure and circumstances beyond reasonable control

The Merchant is not liable for delay or non-performance which is the direct consequence of an extraordinary event beyond its reasonable control, to the extent that such relief is permitted by the applicable law.

This provision does not exclude the Merchant's obligation to notify the Buyer in good time, to take reasonable steps to limit the consequences, and to allow the rights of withdrawal or refund where the Buyer holds them under mandatory provisions.

A shortage of goods, a rise in costs, an ordinary business failure or poor planning will not in themselves automatically be treated as force majeure.

27. Limitations of liability

Nothing in these Terms excludes or limits liability which under mandatory provisions may not be excluded or limited.

In particular, the Merchant does not exclude liability for intent or gross negligence, nor its statutory liability to the Consumer for non-conformity or material defects.

The Merchant is not liable for loss directly caused by incorrect information supplied by the Buyer themselves, where the Merchant neither knew nor, in the circumstances, ought to have known that the information was incorrect.

28. Buyers who are not consumers

The provisions of these Terms which specifically govern consumer rights apply only to persons holding the status of consumer under the applicable law.

Legal persons, sole traders and other persons purchasing a product in the course of their business or professional activity are not covered by rights which the law confers exclusively on consumers, including the consumer right of withdrawal from a distance contract.

Separate B2B terms may be agreed independently.

29. Governing law and dispute resolution

These Terms and contracts concluded through the Webshop are governed by the law of the Republic of Croatia.

Where the Buyer is a consumer resident in another state, the choice of Croatian law does not deprive them of the protection of the mandatory provisions of the law that would have applied to them had no choice of law been agreed.

The parties will seek in the first instance to resolve any dispute amicably.

Where a dispute cannot be resolved by agreement, it falls to be resolved by the court having subject-matter and territorial jurisdiction determined under the regulations in force. These Terms do not deprive a Consumer of the right to judicial protection before the court available to them under the mandatory rules on jurisdiction.

30. Changes to the Terms

The Merchant may amend these Terms in the light of future business, changes in the law, business processes, Webshop functionality or other justified reasons.

The version of the Terms applying to a particular order is the version made available to the Buyer before that order was placed, that is before the contract for it was concluded.

A subsequent amendment of the Terms does not retroactively alter a contract already concluded, unless such an amendment is permitted by law and has been validly agreed.

The Merchant keeps a record of the relevant versions of the Terms in a manner allowing the content applying to a particular order to be established.

31. Partial invalidity

Where a particular provision of these Terms proves void, invalid or unenforceable, this will not affect the validity of the remaining provisions, unless without that provision the Terms or the particular contract cannot stand under the applicable law.

An invalid provision will not be interpreted or replaced in a manner that would diminish the mandatory rights of the Consumer.

32. Contact

For questions about products, orders, sizes, manufacture, delivery, complaints or these Terms, the Buyer may contact:

Thesaurus Zrin d.o.o.
ZRIN zlatarna, Trg Ante Starčevića 7, 10000 Zagreb
E-mail: info@zrin.com
Telephone: +385 99 440 1980