Terms of sale

This is a translation. The Croatian version of these Terms of Sale (Opći uvjeti prodaje) is legally binding and prevails in case of any difference.

These Terms of Sale govern the sale of products by Lignea design d.o.o. through the online shop at www.ligneadesign.hr. The online shop is intended exclusively for business customers.

1. General provisions

1.1. These Terms of Sale (the "Terms") apply to all contracts for the sale of products concluded through the online shop at www.ligneadesign.hr (the "online shop") between Lignea design d.o.o. (the "Seller") and a business customer (the "Buyer").

1.2. The online shop is intended exclusively for business customers: companies, sole traders (obrtnici), institutions and other legal and natural persons buying products within their registered business or professional activity. The Seller does not conclude contracts with consumers through the online shop.

1.3. Consumer protection legislation does not apply to contracts concluded under these Terms; in particular, the consumer's right to withdraw from a distance contract does not apply. Contracts between traders are commercial contracts within the meaning of the Croatian Obligations Act (Zakon o obveznim odnosima).

1.4. By sending an order, the Buyer confirms that they are ordering in the name and on behalf of the business named in the order, that they are authorised to do so, and that they have read and accepted these Terms before ordering. The Buyer's own general terms of business do not apply unless the Seller expressly accepts them in writing.

1.5. For made-to-measure products and larger quantities, the Seller may issue an individual written offer. The terms of an accepted offer take precedence over these Terms; in all other respects these Terms apply.

2. Seller details

• Company: Lignea design društvo s ograničenom odgovornošću za proizvodnju i prodaju drvenih elemenata
• Short name: Lignea design d.o.o.
• Name of the online shop: Lignea web shop
• Registered office: Roškići 12, 52464 Kaštelir, Croatia
• Personal identification number (OIB): 01135311299
• VAT ID: HR01135311299
• Court register: Commercial Court in Pazin, MBS 130115622, entry no. Tt-25/117-4
• Share capital: EUR 2,640.00, paid in full
• Management board: Želimir Keleković and Sandra Košeto Keleković
• Bank: Privredna banka Zagreb d.d., IBAN HR8323400091111139264, SWIFT PBZGHR2X
• E-mail: info@ligneadesign.hr
• Phone: +385 98 134 5998

3. Products

3.1. Products are presented in the online shop with photographs, a description, dimensions and a price. Photographs are illustrative. Colours on screen may differ from the actual colours because of the technical properties of displays.

3.2. The products are made of solid wood. Colour, grain pattern and layout, knots, differences in tone between parts and minor deviations in shape are natural properties of wood and characteristics of handcrafting. Every piece is unique, and a delivered product may differ from its photograph in these respects. Such differences are not considered defects.

3.3. The stated dimensions are nominal. A deviation of up to ±5 mm is permitted, and for products longer than 50 cm up to ±1% of the length.

3.4. Products intended for serving food are made and finished in accordance with the regulations on materials and articles intended to come into contact with food, in particular Regulation (EC) No 1935/2004 and Commission Regulation (EC) No 2023/2006 on good manufacturing practice, and other applicable regulations. Timber is sourced in accordance with the regulations on placing timber and timber products on the European Union market.

3.5. Wooden serving products are washed by hand with lukewarm water and a mild detergent. They must not be washed in a dishwasher, soaked or exposed to sources of heat. After washing they are dried upright, and from time to time they may be treated with an oil intended for wood in contact with food. Detailed care instructions are published in the online shop.

3.6. Products from the children's range must be used only under adult supervision, on a flat and stable surface, and in accordance with their intended use and any enclosed instructions. The Buyer is responsible for the correct placement of the products and for supervising their use on its premises.

3.7. The Seller may change the range, descriptions and prices in the online shop at any time. Changes do not affect orders the Seller has already confirmed.

4. Prices

4.1. Prices are stated in euros (EUR) excluding value added tax. VAT is charged at the statutory rate and shown in the cart, in the order confirmation and on the invoice.

4.2. Delivery costs are not included in the product price. They are shown in the cart and in the order confirmation before the Buyer sends the order, and the current amounts are published on the Shipping and payment page.

4.3. The price valid at the moment the order is sent applies.

4.4. The Seller is not bound by a price or description containing an obvious error, such as an incorrectly entered price. In that case the Seller informs the Buyer and either offers the order on the corrected terms or cancels it and refunds any amount paid.

4.5. Prices for made-to-measure products and for larger quantities are set by written offer.

5. Ordering and conclusion of the contract

5.1. The Buyer selects products and quantities and adds them to the cart. On the order page the Buyer enters the name of the company or sole trader, the OIB, the registered address, the name of the contact person, an e-mail address and a phone number and, if needed, a different delivery address. The Buyer confirms that they are ordering as a business customer, accepts these Terms and sends the order by selecting "Send order". Before sending, the Buyer can review and correct all entered data and the contents of the cart.

5.2. By sending an order, the Buyer makes a binding offer to purchase.

5.3. After sending the order, the Buyer receives an order confirmation on screen and by e-mail, containing the order number, the list of products, prices, VAT, delivery costs, the total amount and the payment details. The contract is concluded when the Buyer receives the order confirmation.

5.4. The Seller may cancel an order in whole or in part within two working days of receiving it if a product is not available and cannot be made within a reasonable time, if the Buyer's details are incorrect or incomplete, if the Buyer is not a business customer, or in the case of an obvious error under clause 4.4. The Seller notifies the Buyer of the cancellation by e-mail and refunds any amount paid within eight days at the latest.

5.5. The order confirmation is not an invoice. The Seller issues an invoice addressed to the Buyer's business in accordance with the regulations on invoicing and fiscalisation, including the regulations on electronic invoices.

5.6. The contract is concluded in Croatian. The Seller does not store the contract in a way that makes it accessible to the Buyer. The Buyer is advised to keep the order confirmation and these Terms.

6. Payment

6.1. Payment is made in advance, by transfer to the Seller's account using a payment order, a general payment slip, or internet or mobile banking:

• payee: Lignea design d.o.o., Roškići 12, 52464 Kaštelir
• IBAN: HR8323400091111139264 (Privredna banka Zagreb d.d., SWIFT PBZGHR2X)
• model: HR00
• reference number: the order number
• payment description: "Plaćanje narudžbe" and the order number

The order confirmation also contains a 2D barcode in the HUB3 standard that can be scanned in a mobile banking app.

6.2. The Buyer must pay the total amount within eight days of receiving the order confirmation. If no payment is recorded within that time, the Seller may cancel the order and notifies the Buyer by e-mail.

6.3. Products are dispatched, and products not in stock are made, once the payment has been recorded in the Seller's account. For made-to-measure products, the payment terms, including any advance payment, are set by the offer.

6.4. Deferred payment is possible only on the basis of a written agreement with the Seller. In the event of late payment, the Seller is entitled to statutory default interest.

6.5. Where deferred payment has been agreed, the delivered products remain the property of the Seller until the price has been paid in full (retention of title).

7. Delivery

7.1. Products are delivered to addresses in the Republic of Croatia, by the Seller's own transport or by a courier service. For delivery outside Croatia the Buyer may send an enquiry.

7.2. Products in stock usually reach their destination within three working days of the payment being recorded. Products not in stock are made and delivered within up to 25 working days, and made-to-measure products within the time stated in the offer, usually up to 30 working days. Lead times are indicative, and the Seller notifies the Buyer of any extension in good time.

7.3. If the Seller is more than 30 days late beyond the indicative lead time, the Buyer may terminate the contract in writing for products not yet dispatched and receive a refund of the amount paid for those products.

7.4. On dispatch, the Seller notifies the Buyer by e-mail and, where a courier service delivers, names the service.

7.5. The risk of accidental loss of or damage to the products passes to the Buyer when the products are handed over to the Buyer or to the person receiving them at the delivery address.

7.6. The Buyer must inspect the consignment on receipt. Visible damage to the packaging or the products must be noted on the courier's proof of delivery, or delivery of the damaged consignment refused, and the Seller must be notified, with photographs, by the next working day at the latest. If the Buyer does not do so, the consignment is deemed to have been received without visible transport damage.

7.7. If the Buyer fails to accept a consignment without good reason, the Buyer bears the costs of redelivery, return and storage.

8. Cancellation and returns

8.1. The Buyer may cancel an order for products from the regular range by e-mail to info@ligneadesign.hr at any time before dispatch. The Seller refunds the amount paid within eight days of receiving the cancellation at the latest.

8.2. An order for products made to measure or to the Buyer's specification cannot be cancelled once production has started, and such products cannot be returned.

8.3. Non-defective products may be returned after delivery only with the Seller's prior written agreement and on the terms of that agreement. The products must be unused, undamaged and in their original packaging, and the Buyer bears the cost of the return.

9. Liability for material defects

9.1. The Seller is liable for material defects in the products in accordance with the Obligations Act and these Terms.

9.2. The Buyer must inspect the products as soon as is possible in the ordinary course of business. The Buyer must notify the Seller of visible defects without delay, and at the latest within eight days of receipt. The Buyer must notify the Seller of hidden defects without delay after discovering them. The Seller is not liable for defects that appear more than six months after the products were handed over.

9.3. A notice of a defect (complaint) is sent by e-mail to info@ligneadesign.hr and contains the order or invoice number, a description of the defect and photographs. The Seller confirms receipt of the complaint and responds to it within 15 days.

9.4. If the complaint is justified, the Seller, at its option, remedies the defect or delivers a product without the defect. If this is not possible or does not succeed within a reasonable time, the Buyer is entitled to a proportionate price reduction or to terminate the contract for the defective product and receive a refund of the price paid for it. The Seller bears the transport costs for justifiably returned products.

9.5. The following are not considered defects:

• the natural properties of wood referred to in clause 3.2
• dimensional deviations within the tolerances in clause 3.3
• changes caused by improper use or care, in particular washing in a dishwasher, soaking, or exposure to heat or moisture
• normal wear, such as knife marks and the wood's colour changing over time
• damage caused by alterations or repairs not carried out by the Seller

9.6. If a product that was not ordered is delivered, the Buyer notifies the Seller within eight days of receipt. The Seller collects the wrongly delivered product at its own expense and delivers the ordered product or refunds the amount paid.

10. Limitation of liability

10.1. The Seller's total liability under the contract is limited to the price of the products to which the claim relates.

10.2. The Seller is not liable for indirect damage or loss of profit, such as loss of revenue or business interruption, unless the damage was caused intentionally or through gross negligence.

10.3. The limitations in this section do not apply to damage resulting from death or personal injury, or to liability that cannot be excluded or limited by law.

11. Force majeure

11.1. The Seller is not liable for non-performance or delayed performance of its obligations caused by circumstances beyond its control that it could not foresee, prevent, remove or avoid, such as natural disasters, epidemics, armed conflicts, strikes, measures of the authorities, and disruptions at suppliers or courier services.

11.2. The Seller's obligations are suspended for the duration of the force majeure event. If it lasts longer than 60 days, either party may terminate the contract for the unperformed part, and the Seller refunds the amount paid for undelivered products.

12. Intellectual property

12.1. The content of the online shop, including texts, photographs and product designs, is owned by the Seller or used with the permission of the rights holder. It may not be copied, altered or distributed without the Seller's written permission.

12.2. The purchase of products does not transfer any rights in the product designs to the Buyer.

12.3. If the Buyer supplies its own drawings, logos or other materials for a made-to-measure order, the Buyer warrants that it has the right to use them and indemnifies the Seller against any claims by third parties.

13. Personal data protection

The Seller processes the personal data of the Buyer's contact persons in order to conclude and perform the contract, issue invoices and comply with legal obligations, in accordance with the Privacy policy.

14. Communication

Notices relating to an order and the contract are sent by e-mail, to the address the Buyer gave in the order or to info@ligneadesign.hr respectively. A notice sent by e-mail is deemed received on the working day after it was sent.

15. Governing law and disputes

15.1. Contracts concluded under these Terms are governed by the law of the Republic of Croatia.

15.2. The parties will try to resolve any dispute amicably. If they do not succeed, the court with subject-matter jurisdiction in Pazin has jurisdiction.

16. Final provisions

16.1. The Seller may amend these Terms. Amendments are published in the online shop, and each order is governed by the Terms in force at the moment it was sent.

16.2. If any provision of these Terms is void or unenforceable, this does not affect the validity of the remaining provisions.

16.3. In the event of any difference between the Croatian version of these Terms and a translation, the Croatian version prevails.

16.4. These Terms apply to orders received from the day of their publication in the online shop. Orders received earlier are governed by the General Terms of Business and Purchase published at that time.