Artenon Ltd. – Terms and Conditions
Welcome to Artenonfood!
These terms and conditions outline the rules and regulations for the use of Artenon Ltd.'s Website, located at https://artenonfood.com/.
By accessing this website, we assume you accept these Terms and conditions. Do not continue to use Artenonfood if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
"Client", "You", "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties" or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the
Republic of Croatia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
TERMS OF USE
By accessing the platform and voluntarily creating a profile, all users acknowledge and expressly and unambiguously agree to these Terms and Conditions as well as to the Privacy Policy and the Cookie Policy.
USER ACCESS AND REGISTRATION
In order to be a user of the platform, it is essential that you meet the following requirements:
• Users must be at least 18 years of age.
• Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the user’s name, e-mail address, telephone number and bank card number.
• Users must agree to these Terms and Conditions.
• Users must agree to the Privacy Policy.
• Users must agree to the Cookie Policy.
The user warrants that all the information regarding his/her identity and capacity provided to Artenon in the registration forms for the platform is true, accurate and complete. In addition, users undertake to keep their details up to date.
If a user provides any false, inaccurate or incomplete information or if Artenon considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Artenon may deny that user current or future access to, and use of, the platform or any of its contents and/or services.
When registering on the platform, users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Artenon recommends that users do not use the same login credentials as on other platforms. If a user uses the same login credentials as on other platforms, Artenon will be unable to guarantee the security of the account or ensure that the user is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the site that may be made by third parties, including the statements and/or contents entered on the platform, or for any other action carried out under their username and/or password.
Users are the sole owners of the content entered by them on the platform. Furthermore, by registering on the platform and agreeing to these Terms, the user grants Artenon, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Artenon, with or without any further communication to the user and without having to pay any amounts for such uses.
Artenon cannot guarantee the identity of registered users, and it will therefore not be liable for the use by unregistered third parties of a registered user’s identity. Users undertake to inform Artenon immediately, using the communication channels made available by Artenon, if their credentials are stolen, disclosed or lost.
THE USER’S OBLIGATIONS
Users are fully responsible for the proper use of, and access to, their profile and other platform contents inaccordance with the current legislation, be it national or international, of the country from which they are using the platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these Terms and Conditions.
Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform.
Users shall refrain from using their profile and other platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the platform and its contents and services. In addition, they are prohibited from hindering other users’ normal use or enjoyment of the platform.
Artenon may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by users of the platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Artenon will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, users undertake, by way of example without limitation:
• To refrain from altering or modifying the platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
• To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
• To refrain from using the platform to insult, defame, intimidate or harass other users or attack their image;
• To refrain from accessing other users’ e-mail accounts;
• To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Artenon’s or third parties’ contents or systems;
• To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
• To refrain from advertising goods or services without Artenon’s prior consent.
Any user may report another user if he/she believes that the latter is in breach of these Terms and Conditions. Similarly, any user may inform Artenon of any abuse or infringement of these terms. Artenon will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or
suspend any user from the platform for breach of these Terms and Conditions. Furthermore, Artenon reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
ARTENON’S RESPOSIBILITY
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the platform. Users can report any incidents or problems accessing the platform to Artenon using the contact channels made available to users, and Artenon will analyse the incident and instruct the User on how to resolve it as
quickly as possible.
Artenon does not control, and is not responsible for, the contents uploaded by users through the Platform, and users are solely responsible for the lawfulness of such contents.
Artenon will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
Artenon accepts no liability for any security errors that may arise or for any damage that may be caused to the user’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
• The presence of a virus in the user’s computer system or mobile handset used to connect to the platform’s contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.
SHOPPING AND PURCHASING
Orders are processed via internet, or direct through an e-mail or via artisan pro catalogue. All products have listed prices in European euros, EUR in short.
To place an order simply select wanted products and its quantity, and enter user’s location, date and time for the delivery of selected products.
Online orders are fully automated. Clients choose among our items, add them to cart. Upon that proceed to the checkout process and fill-in the required personal information needed to ensure delivery of selected products. Afterwards, users are redirected to a payment gateway provided by our online payment processing partner,
CorvusPay. (https://www.corvuspay.com/en/) and asked to write down credit card details in order for the order to be charged and confirmed. Upon charging users receive a confirmation of their order. At the time of delivery clients will be given the final invoice for their purchase.
Orders via artisan pro catalogue require users to fulfill & send the order through the received PDF interactive catalogue. Upon receiving the user’s order Company will send an offer with selected items and their prices in European euro to user.
The client will receive his/her order confirmation via email with all necessary details of the order such as: products,
quantity, price, cost of delivery, time and place of delivery. It is important to check all the ordering details to avoid
potential errors.
Kindly note that Artenon delivers products on the territory of the region of Dalmatia, the Republic of Croatia, in cities
Zadar, Šibenik, Split, Trogir, Dubrovnik, etc.
There are no delivery charges if the order is worth over 450,00 EUR and if user has made the order 5 (five) day prior of delivery. Otherwise, delivery fee will depend on user’s location of delivery.
OPERATION OF THE SERVICE. TERMS OF THE MANDATE.
When a user who is registered as a user needs help with an errand, he/she must go to the online platform or the relevant Artenon application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the user,
provided that they are within the territory in which Artenon operates. Similarly, a user may ask a mandatary to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The mandatary undertakes under a mandate to purchase the products ordered by the user on the latter’s behalf and according to his/her indications and specifications.
Users are solely responsible for providing the correct addresses for delivery and collection on the platform, and they therefore release Artenon and the mandatary from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the platform shall be borne by the user.
Users must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that they are asking the mandatary to buy in a physical shop on their behalf. To do this, they may provide any comments they may deem useful in the “comments” section as well as, where appropriate, share a photograph with the mandatary to identify the order. Users will be in constant contact with the mandatary and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Users’ own instructions.
In order to facilitate direct communication with the mandatary and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Artenon makes available to users an internal chat system allowing direct and immediate contact between the user and the mandatary while the order is being carried out. The chat session will be deactivated as soon as the user has received the product or the order is cancelled for any of the reasons envisaged. If a user wishes to contact the mandatary or Artenon after the order has been completed, he/she must use the contact form available on the platform and contact the user assistance service.
The user releases Artenon and the mandatary from any liability for negligence or error in the indications given by the user for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result, the user shall bear the cost arising from providing incorrect indications on the platform regarding the products (such as an incorrect address or product).
If the price of the product/service does appear on the platform, the prices appearing on the platform may be indicative.
If the product and/or service is not available, the mandatary must call the user to set out the available options. If the user does not accept any of the options set out by the mandatary and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these Terms and Conditions. If the user does not
answer the phone, the mandatary shall wait 5 minutes before leaving.
Users accept that according to the services contracted through the Artenon platform, they can receive the invoices corresponding to the delivery, courier or management services, by the mandataries.
If the user is not at the place agreed for delivery, the mandatary shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the user must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted through the mandatary at the user’s request, and will have to pay for another service in order to receive the products that were not delivered. The mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment related.
Once the assignment has been completed, if the request included the in-person purchase of a product, the mandatary shall give the user the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the mandatary shall deliver it to the user at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the user at the e-mail address associated with his/her account.
At that moment, the user, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must where appropriate ratify the mandate given by signing on the mandatary’s device. Artenon is unable to verify the authenticity of the user’s signature. If the user receives confirmation that the order has
been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform Artenon immediately so that appropriate steps can be taken by the platform. Artenon reserves the right to check any communications made by the User for verification and monitoring purposes.
FOOD / PACKAGED PRODUCTS: Artenon recommends that, when ordering food products under a mandate, users ask the mandatary and/or the establishment offering the products, using the methods available on the platform, for information on the content and composition of the food products ordered. Furthermore, Artenon is not responsible for ensuring that food orders are delivered to users in properly closed bags, which should ideally be labelled or sealed.
RETURNING NON-PERISHABLE PRODUCTS
If a user wishes to return a non-perishable product or make a claim about the provision of a service, without prejudice to Artenon’s ability as an intermediary to take over the handling thereof, the party with ultimate liability will always be the merchant at which the purchase was made. If the user obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is Artenon who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product purchased by the mandatary pursuant to a mandate conferred by the user shall be subject to the merchant’s returns policy in any event.
As certain establishments may not have premises open to the public, users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Artenon’s user assistance service for the necessary help and support using the channels available on the platform.
If a user wishes to process the return of a non-perishable product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The user must check the non-perishable products delivered by the Mandatary at the delivery address before signing and, where appropriate, ratifying, the mandate. By means of the said signature, the user confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the user states that a third party may ratify the mandate on his/her behalf, for example if the user is not at the final delivery address or has designated a third party for collection and signature where appropriate. The user (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The user must therefore inform Artenon through the methods provided by Artenon for that purpose if a dispute arises.
RECLAMATIONS
When a user wants to return the selected products, he/she is obligated to send a justified reclamation to Artenon by
e-mail, or in a written format.
- receiving products which were not ordered
- receiving products whose shelf life has expired
- receiving of products which has a defect or was damaged prior to transportation
Users are obliged to inspect the delivered products and/or compare delivered products to their order content and to report possible damages or miscellaneous during products delivery.
Artenon will not accept any reclamations after products delivery. The delivery personnel will put together a written record of reclamations regarding the products delivery and the paper will include the user’s signature.
If defected or damaged product cannot be substituted, Artenon will reimburse the customer for the value of products that were not delivered in a way and / or state they were ordered.
PURCHASES OF ALCOHOL
Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the territory in which the user is placing the order. When placing an order that includes alcoholic drinks, the user confirms that he/she is at least the age stipulated by the local legislation applicable in the territory in which the User is placing the order. Artenon reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least the age stipulated by the local legislation applicable in the territory in which the user is placing the order.
This clause will apply in exactly the same way to any other similar product and/or service ordered by a user through the platform that is reserved for over-18s under the current legislation.
Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the user’s responsibility to place orders only during the times allowed under the applicable legislation. Artenon reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.
LIABILITY FOR CONTENTS
Artenon does not control (and is under no obligation to control) how users use the platform. It therefore does not guarantee that users use the platform in accordance with these Terms and Conditions or in a diligent and/or prudent manner. Artenon does not check (and is under no obligation to check) the identity of users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Artenon will not check the products sent or delivered through orders on the platform. Both the user and the mandatary therefore release Artenon from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Artenon
becomes aware that the user and/or the mandatary is/are using the platform to transport prohibited products, Artenon may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the user or mandatary in question until any potential investigation has been completed. The measures available to Artenon include providing the authorities with data and information on the users and mandataries.
Artenon rejects any liability for damages of any kind that may arise from user’s illegal use of the platform or due to the information supplied by users to other users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a user
impersonating a third party in any kind of communication made through the platform. In particular, Artenon accepts no responsibility for the use of the platform or for any orders that may be made by a third party from the user’s account.
Notwithstanding the foregoing, Artenon reserves the right to fully or partly restrict certain users’ access to the platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Artenon may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the platform, users assign to Artenon all exploitation rights arising from the contents thus supplied.
GEOLOCATION
Artenon may collect, use and share exact location data, including the real-time geographic location of the user’s computer or mobile device, provided that this is authorised by the user. The said location data may be collected and used by Artenon to show users the location of the point of origin and/or destination of an assignment. In this regard, users expressly consent to their geolocation data being shared with other users and suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Privacy Policy.
The user shall be responsible for entering the correct addresses for collection and delivery. In this regard, Artenon will accept no liability for errors or omissions in the provision of such addresses by the user.
INTELLECTUAL PROPERTY
Artenon is the owner or licensee of all intellectual and industrial property rights included on the platform as well as of the contents that can be accessed through it. The intellectual property rights of the platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of Artenon, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Croatian legislation on intellectual and industrial property rights.
In spite of the foregoing, Artenon may not be the owner or licence holder of content such as names or images, among others, of companies with which Artenon does not have a business relationship. In such cases, Artenon acquires the content from publicly available sources, and Artenon shall in no event be deemed to be related to any right belonging to Artenon.
Authorising a user to access the platform does not imply the waiver, transfer, licensing or full or partial assignment by Artenon of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Artenon platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Artenon platform for public or commercial purposes are also prohibited, save with Artenon’s express written authorisation or, where applicable, that of the owner of the rights concerned.
Any user who shares any content of any kind through the platform asserts that he/she has the necessary rights to do so, releasing Artenon from any liability regarding the content and lawfulness of the information supplied. By providing content through the platform, users assign to Artenon, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
UPDATES AND CHANGES
Artenon reserves the right to amend these Terms and Conditions, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these Terms and Conditions when accessing the Platform. In any event, acceptance of the Terms and Conditions is an essential step to be taken before accessing the services and contents available through the Artenon platform.
In addition, Artenon reserves the right to update, amend or delete the information contained on its platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Artenon does not guarantee the absence of errors or interruptions when accessing the platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Artenon shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
EXCLUSION OF LIABILITY
Artenon Ltd. does not guarantee that the content of our internet pages is suitable for our users regarding their health and diet restrictions (e.g., allergies, etc.). Clients must carefully read all of the description of products listed on https://artenonfood.com/. Should any doubts about some products occur the clients must send a question regarding it via following mail: info@artenonfood.com.
Artenon Ltd. shall not be liable for any direct or indirect, accidental, material and non-material damage, losses or expenses resulting from usage or the inability to use any of the information available on our internet pages. Services offered by Artenon platform do not include technical equipment and other external service expenses used
for the purpose of accessing our website, nor is not responsible for phone or mobile or any other similar expenses. The customer is using Artenon Ltd. web site at his or her own discretion. Artenon Ltd. does not guarantee, and is not responsible in any shape or form for any kind of direct and indirect damages the customer might suffer when using online services, computer programs (software), service providers and internet in general.
ALTERNATIVE DISPUTE RESOLUTION
Any disputes or disagreements arising outside the European Union shall be submitted to the Permanent Arbitration Court of the Croatian Chamber of Commerce.