TERMS OF SERVICE
We may update these Customer Terms (and the documents referred to in them) from time to time and will notify you by uploading them to the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.
The Site is operated by ARHITEKTURA I MANUFAKTURA d.o.o. ("we"). We are registered in Croatia under company number 63875744913 with our registered office address at Krajiška 10, 10000 Zagreb, Croatia. Our VAT number is HR63875744913.
Accessing the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us.
If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Description of mirtajewelry.com's service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and us and such contract shall comprise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms , the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
Purchases may be paid for using a debit or credit card through our online payment facility - Paypal. Payment will be deducted from your account when order has shipped. All prices shall be shown in your selected currency and payable in USD. You accept that product prices in your selected currency do not vary according to your location; delivery charges will vary depending on the destination. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
Refusal of Transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Your shopping bag on the Site displays the goods you have chosen and the Seller who shall provide them. Details of postage and packing will be displayed at the checkout page. The delivery costs vary according to the delivery destination. Any delivery times quoted are in working days.
Import regulations and duty
If you order goods from our Site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that the goods and services offered for sale are directed at EU residents. We and our sellers make no representation that any goods or services sold through the site are appropriate or available for use outside the EU. You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. We will not be liable for any breach by you of any laws.
If you wish to discuss or organise a return, exchange or refund of any cancellable item purchased through the Site (see Returns and Exchanges for a description of non-cancellable items), please contact us at email@example.com, in accordance with our Returns and Exchanges policy. Once the return or cancellation has been completed, we will refund the purchase.
You may link to pages on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
Viruses, hacking and other offences
You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any such breaching of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by Croatian law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Croatia.
General comments about the Site, as well as complaints, are welcome by email at firstname.lastname@example.org.
The mirtajewelry.com and shop.mirtajewelry.com websites and MIRTA jewelry brand are owned and operated by ARHITEKTURA I MANUFAKTURA d.o.o. We are committed to safeguarding your privacy online. We will only collect, store and use your personal information for specific purposes. We use your personal information to support and enhance our relationship with you. We only share your personal information in accordance with the EU General Data Protection Regulation (GDPR) and other applicable laws. You may contact us at any time with any privacy questions or concerns and to see the personal information you have given us and request correction.
1. Information We Collect
To fulfil your order, you must provide us with certain information (which you authorized Big Cartel and Paypal to provide to us), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide us with additional personal information (for a custom order of jewelry, for example), if you contact us directly.
When a customer makes a purchase at shop.mirtajewelry.com we ask for information such as your name, e-mail address, postal address, and contact details, and then we keep a record of this information. All this is necessary so we can recognise you as a customer, pass on the correct details with your order, ensure that you are happy with the service you receive. We keep a record of any purchase you make. This means we can help to deal more quickly with any queries or problems you may have, and also so we can ensure that any information that we send to you is relevant.
We keep a record of any e-mail correspondence you send us, so we can track any problems or concerns you've had with our website.
If you would like to revise the information you have provided to us, or feel that what we currently have on record is incorrect, you may update the information by emailing: email@example.com.
2. Why We Need Your Information and How We Use It
We rely on a number of legal bases to collect, use, and share your information, including:
as needed to provide our services, such as when we use your information to fulfil your order, to settle disputes, or to provide customer support;
when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
as necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as
1) providing and improving our services. We use your information to provide the services you requested and in our legitimate interest to improve our services; and
2) Compliance with the Big Cartel Merchant User Agreement and Terms of Service. We use your information as necessary to comply with our obligations under the Big Cartel Merchant User Agreement and Terms of Service.
3. Information Sharing and Disclosure
Information about our customers is important to our business. We share your personal information for very limited reasons and in limited circumstances, as follows:
Big Cartel. We share information with Big Cartel as necessary to provide you our services and comply with our obligations under both the Big Cartel Merchant User Agreement and Terms of Service.
Service providers. We engage certain trusted third parties to perform functions and provide services to our shop, such as delivery companies. We will share your personal information with these third parties, but only to the extent necessary to perform these services.
Business transfers. If we sell or merge our business, we may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our customers, or others.
4. Data Retention
5. Transfers of Personal Information Outside the EU
We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, we may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If we are deemed to transfer information about you outside of the EU, we rely on Privacy Shield as the legal basis for the transfer. For example, Google Cloud is Privacy Shield certified.
6. Your Rights
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below:
Access. You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below.
Change, restrict, delete. You may also have rights to change, restrict our use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons) We will generally delete your personal information upon request.
Object. You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain. If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
How to Contact Us
For purposes of EU data protection law, we, ARHITEKTURA I MANUFAKTURA d.o.o., are the data controller of your personal information. If you have any questions or concerns, you may contact us at firstname.lastname@example.org.
Alternately, you may mail us at:
ARHITEKTURA I MANUFAKTURA d.o.o., Krajiška ulica 10, 10000 Zagreb, Croatia