Terms of Use

GENERAL TERMS AND CONDITIONS

1. **General**

Bellepoque.hr/Narmiko d.o.o., Petrova 59a, 10 000 Zagreb, Croatia, with managing director Barbara Bolf, operates the online shop at https://bellepoque.hr/ (referred to as “bellepoque.hr” or “we”). All orders made through the Website, as well as our deliveries and services, are subject to the General Terms and Conditions of Business outlined below, which are applicable at the time of order placement. We do not accept any differing terms and conditions from the customer unless expressly agreed upon in writing.

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed at http://ec.europa.eu/odr. We do not agree to participate in dispute resolution proceedings before the consumer arbitration board.

2. **Contracts**

1. The available languages for contracts depend on the selected destination country:

Destination: Available Languages
– EU States: English

2. The presentation of products on our Website does not constitute an offer by bellepoque.hr for a purchase contract.

3. By submitting the order form on our Website, you are making a binding offer for a purchase contract with us. You submit an offer by providing all required information during the ordering process and sending the order form to us by clicking “complete purchase.” You can review and correct any information entered before submitting your offer.

4. Upon receiving your order, we will send you an email confirming receipt and order details (order confirmation). Please note that our order confirmation serves for informational purposes only and does not constitute an acceptance of your offer.

5. A purchase contract between you and bellepoque.hr will only become effective when we accept the offer by dispatching the ordered goods. For payments made in advance, the goods will be dispatched once the full amount is credited to our account.

6. bellepoque.hr reserves the right to reject any offer without stating a reason, particularly if there is reasonable suspicion that the goods purchased online are intended for resale on a commercial basis.

3. **Cancellation Policy Advisory**

**Cancellation Policy**

You have the right to cancel your purchase contract within 14 days without providing any reasons. The cancellation period is 14 days, starting from the day you or a designated third party, other than the carrier, took possession of the goods.

To exercise your right to cancel, you must inform us, bellepoque.hr, Petrova 59a, 10 000 Zagreb, Croatia, by sending a clear declaration that you are canceling the purchase contract (e.g., by mail, fax, or email) to customers@bellepoque.hr or phone +385 1 7888 527. You may use the attached cancellation template, but it is not mandatory.

Sending your cancellation notice within the specified timeframe is sufficient to meet the 14-day cancellation deadline.

**Consequences**

If you cancel your purchase contract, we are obliged to refund all payments received from you, including shipping costs (excluding additional shipping costs incurred due to choosing a shipping option other than our regular standard option), promptly and within 14 days at the latest, starting from the day we receive your cancellation notice.

The same payment method used for the transaction will be used for the refund, unless we have explicitly agreed otherwise. You will not be charged any fees for the refund.

We may withhold the refund until we have received the returned items or until you provide proof of having returned the items, whichever occurs first. The items must be returned to us promptly and no later than 14 days after the date you informed us of the cancellation. We will cover all return shipping costs.

You are only responsible for any diminished value of the items resulting from handling beyond what is necessary to determine the nature, characteristics, and functioning of the items.

**Exceptions to the Cancellation Policy**

The cancellation policy does not apply if the purchased product has been customized or altered. Personalization of garments renders the cancellation policy inactive.

*End of Advisory*

*Cancellation Template*: [Link to the template]

4. **Voluntary Returns Right**

1. In addition to your statutory right of revocation, bellepoque.hr offers a voluntary right of return: All bellepoque.hr products can be returned within 30 days of receipt. However, the right of return only applies to unworn, unwashed, and defect-free items with intact labels. Items showing signs of wear, washing, or damage to the labels, original packaging, accessories, etc., will not be accepted for return, as we cannot resell such items. In such cases, the items will be returned to the customer without a refund.

2. **Return Shipments:**

2.1. All return shipments will be covered by us if the following conditions are met.

2.2. Return shipments must be

made using the same service as the original delivery (DPD or UPS) and using the waybill or return sticker included in the original package. Necessary documents and return instructions will be provided in your package.

2.3. Please note that we can only accept returns from the country to which the shipment was originally sent. For example, if the shipment was sent to Italy, we can only accept returns from Italy.

2.4. In the case of a return, we will refund the money to your account/credit card. Currency fluctuations will not be refunded.

2.5. Please send all returns to: bellepoque.hr, Petrova 59a, 10 000 Zagreb, Croatia, customers@bellepoque.hr.

3. For questions regarding our returns policy, please contact our customer service representative via email at customers@bellepoque.hr or phone at +385 1 7888 527.

4. Please note that the 30-day returns policy does not apply to contributions for climate-neutral orders. This voluntary right of return does not limit your legal rights or the right to the above-mentioned cancellation policy.

5. **Prices; Product Presentation; Availability; Gift Card; Promotion Code**

1. The prices listed on our website at the time of your order are applicable.

2. Products on bellepoque.hr are presented in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as defects in the goods.

3. If you order multiple items simultaneously, they may be delivered separately. Shipping charges will only be incurred once in such cases.

4. **Gift Card**

– The Gift Card is valid only in countries we ship to, using the respective currencies stated on our website. It can only be used in the destination country specified during the Gift Card purchase.
– Exchanges or refunds for Gift Cards are only applicable according to our return and withdrawal policies.
– The Gift Card can be used to purchase any item available on our website, excluding additional Gift Cards, before its expiration date.
– bellepoque.hr reserves the right to cancel or block the Gift Card if necessary for legal reasons, e.g., in cases of loss or misuse. You will be promptly notified in the event of Gift Card cancellation or blocking.
– You can choose to have the Gift Card delivered via email or regular mail when purchasing.

5. **Promotion Code**

– Promotion codes have varying validity periods and can be used to purchase any product on the website, except additional Gift Cards. Refer to the code’s document for its validity period.
– Exchanges or refunds for promotion codes received during marketing promotions or on behalf of bellepoque.hr are not permissible. The disbursement of promotional codes is not permitted outside of the standard return timeframe outlined in our terms and conditions.
– bellepoque.hr reserves the right to cancel or block promotion codes if necessary for legal reasons, e.g., in cases of loss or misuse. You will be promptly notified in the event of promotion code cancellation or blocking.
– Return policy for orders purchased using a promotion code: If you exercise your legal right to return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you return only one item from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code will lose its validity proportionate to the value of the returned item. If you return your entire order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

6. **Storage of Contract Data**

We store your order data. If you wish to print your order, you may do so by printing an “acknowledgment of receipt,” which will be displayed on your screen after submitting your order and verifying your credit card details. Additionally, you will receive an email order confirmation with all the details entered and a printable cancellation template.

7. **Shipping & Dispatch**

1. Your package will be shipped with either DPD or UPS, depending on the destination.

2. The goods will be ready for dispatch on or after the day following your order. Unless otherwise agreed upon, delivery will occur within 1 to 5 business days to the customer’s specified shipping address, depending on the selected shipping method and destination. For payments via “Wire Transfer,” goods will only be dispatched after the full purchase price has been credited to our account.

3. Deliveries to other destinations:

– Deliveries to countries subject to customs duties typically take 2 to 5 business days, based on experience. Please note that import sales taxes, customs duties, and handling charges will be billed separately by DPD/UPS for each country. For inquiries about taxes and duties in your country, please contact our Customer Service: customers@bellepoque.hr. Please note that we will not refund customs duties, import sales taxes, and DHL handling charges for returns.

Destination: Carrier: Shipping Costs: Shipping Times:
– European Union: DPD: 19.00 EUR: 1 – 3 business days
– Non-EU: DPD/UPS: 39.00 EUR: 2 – 5 business days

8. **Payment; Default in Payment; Setoff; Right of Retention**

1. Accepted methods of payment:

– Wire Transfer
– Visa
– Visa Debit
– Visa Premium
– Master Card
– Master Card Debit
– Keks Pay

All payments and credit notes will be processed in Euro.

2. Payment using

a Gift Card:

When making a purchase using a Gift Card, enter the Gift Card code at checkout. If the order amount exceeds the Gift Card balance, choose a payment method to cover the remaining amount. If the Gift Card balance exceeds the order amount, you can use the same code for future purchases until the balance is fully used. Remaining Gift Card balances cannot be disbursed.

3. Payment using a promotion code:

When making a purchase using a promotion code, enter the code at checkout. If the order amount exceeds the promotion code balance, select a payment method to cover the remaining amount.

4. Setoff:

The customer cannot offset any counterclaims unless the counterclaim is legally valid, uncontested, or acknowledged, or if it arises from the same sales contract and involves claims for damages.

5. Right of Retention for Commercial Transactions:

In commercial trade, the right to retain goods and disclaim services cannot be enforced by the customer, except for uncontested, legally established counterclaims or claims for damages arising from the same sales contract.

9. **Retention of Title**

The delivered goods remain the property of bellepoque.hr until full payment has been received.

10. **Inquiries, Complaints**

For inquiries about your order or complaints, please contact our Customer Service via email at customers@bellepoque.hr or phone at +385 7888 527.

11. **Warranty**

Claims based on defects in delivered goods are governed by applicable legal provisions, with the exception that claims for damages related to defects are subject exclusively to section 12 below.

12. **Liability**

We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches of significant obligations or secondary obligations (essential obligations) that endanger the contractual purpose or are essential for the proper performance of the contract and that you could reasonably rely on is limited to foreseeable damages typical for the contract. We are not liable for breaches of non-essential contractual obligations caused by ordinary negligence.

This limitation of liability does not apply to cases of fraudulent concealment of defects or quality guarantees, claims under the Product Liability Act, and damage caused by harm to life, limb, or health. The burden of proof is not shifted to your disadvantage.

Any exclusion or limitation of liability by bellepoque.hr also applies to the personal liability of its employees, staff members, representatives, and agents.

13. **Governing Law, Severability**

All legal disputes arising from or related to a purchase contract shall be governed exclusively by Croatian law, excluding the UN Sales Convention. If any provision is invalid, it shall not affect the validity of the remaining provisions.

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