General terms and conditions of purchase and use

1. INTRODUCTION

This document (together with the documents mentioned here) sets out the general terms and conditions that are valid for the use of the web site www.galileomen.com and the purchase of products on it (hereinafter "Terms"). We advise you to carefully read the Terms, our Cookie Policy and Privacy Policy (hereinafter under the mutual name "Data Protection Rules") before using this web site. When using this web site or the ordering process on it, you are bound by these Terms and Data Protection Rules. If you do not agree with the Terms and Data Protection Rules, do not use this website. These Terms may change. It is your responsibility to read them regularly because they will apply Terms that are valid at the time of use of the website or for the closing of a relevant Contract (as defined below). If you have questions in connection with the Terms or the Data Protection Rules, you can contact us through the contact form.

The Contract (as defined below) can be made, according to your choice, on any of the languages in which the Terms are available on this website.

2 OUR DETAILS

The sale of goods through this website is carried out under the name GALILEO of the company Monile d.o.o., a Croatian company with the registered address on Avenija Dubrovnik 16/7, 10000 Zagreb, Croatia, email: webshop@galileomen.com, registered in the Commercial Register of The Commercial Court in Zagreb OIB 14610016674, MBS 080440785.

3. YOUR DETAILS AND VISITS ON THIS WEB SITE

Information or personal details that you provide to us will be processed in accordance with the Data Protection Rules. When you use this website, you agree to the processing of data and details and confirm that all information and details are true and accurate.

4. USING OUR WEB SITE

When you use this website and order through it, you agree to the following:

• You will use this website only for inquiries and legally valid orders.
• You will not carry out false or misleading orders. If it can be reasonably considered that such order was made, we are authorized to cancel it and inform the appropriate authorities.
• The specified email address, postal address and/or other contact details you provide are true and accurate.
• You also agree that we may use this information to contact you in the context of your order if necessary (see our Data Protection Rules). If you do not specify all the data that we need, you cannot make an order. When you make an order on this website, you confirm that you have more than 18 years of age and are legally empowered to enter into a binding contract.

5. AVAILABILITY OF SERVICES

The delivery service for items that are offered on this website is available for European Union countries.

6. FORMALIZING THE CONTRACT

To set the order, you need to follow the procedure to buy online and click on ("Authorize payment"). When you do this, you will receive an email confirming receipt of your order ("Order confirmation"). You will be notified by email that the order has been sent ("Delivery confirmation").

With the Confirmation of shipment, there will also be an E-confirmation attached with information about your order.

7. PRODUCT AVAILABILITY

All orders are subject to product availability. In this sense, if there are difficulties in regards with the procurement of a product or if there are no more items in stock, we reserve the right to give you information about alternative products of equal or better quality and value from what you ordered. If you do not wish to order alternative products, we will refund you the amount you eventually paid for.

8. REFUSAL OF PROCESSING ORDERS

We reserve the right to remove products from this website at any time or to modify the materials or contents for a product. Although we will always do everything possible in order to process all orders, there may be extraordinary circumstances that force us to reject the processing of an order after sending the Order Confirmation. We reserve the right to this at any time. We will not be liable to you or to any third party for removing a product from this web site or for the removal or modification of materials or content from the website, or for the inability of processing an order after we have sent the Order Confirmation.

9. DELIVERY

Regardless of item 7 above in connection with the product availability and except in the case of extraordinary circumstances, we will try to send the order which contains the product(s) listed in each Shipment confirmation before the date specified in the Shipment confirmation in question or, if the delivery date is not specified, within the estimated time frame specified during the selecting shipping method and, in any case, within 30 days from the date of the Order confirmation.

However, there may be a delay for reasons such as the occurrence of unforeseen circumstances or the area of delivery. If for any reason we cannot comply with the delivery date, we will notify you of this situation and provide you with the option of continuing the purchase, setting up a new delivery date or cancellation with a full refund of the paid amount. Keep in mind that in any case we do not perform home deliveries on Saturdays, Sundays or public holidays.

For the purposes of these Terms, ("Delivery") will imply as completed or order ("Delivered") as soon as you, or a third party that you have specified, physically take over the goods which will be confirmed by the signing of the invoice order at the address for delivery you specified.

10. INABILITY OF DELIVERY

If it is impossible to deliver the order, we will try to find a safe place where we can leave it. If we are not able to find a safe place, the order will be returned to our warehouse. We will also leave a notice in which we will explain where there the order is and what to do in order for it to be delivered again. If you will not be able to be at the place of delivery at the agreed time, please contact us so we can organize the delivery another day. If after 30 days from the date on which your order was available for shipment the order was not delivered for reasons that have nothing to do with us, we will assume that you want to cancel the Contract and the Contract will be cancelled. As a result of the cancellation of the Contract, we will refund all payments we received from you, including shipping charges (except for additional costs that have occurred because of your choice of a shipping method which is not the one we offer) without excessive delay, and in any case, within 14 days from the date on which the Contract was cancelled. Keep in mind that transport that has resulted from the cancellation of the contract can be an additional cost for which we will claim the right to transfer it to you.

11. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCT

The products will be your responsibility from the time of delivery as highlighted in Item 9 above.

You will take ownership of the products when we receive the full payment amount, including shipping charges, or at the time of delivery (as defined in Item 9 above) if it will happen at a later time.

12. PRICE AND PAYMENT

The price of the product will be as specified on our web site, except in the case of an obvious error. Although we strive in every way to ensure that prices shown on the website are accurate, mistakes can happen. If we discover an error in the price of any of the products you have ordered, we will notify you as soon as possible and provide you with the option to confirm the order according to the correct price or its cancellation. If we are not able to contact you, the order will be considered as cancelled and all paid amounts will be fully refunded. We are not obligated to provide you with any product at an incorrect lower price (even if we sent a Confirmation of Delivery) if the error in the price is obvious and unquestionable, and you were able to recognize it as such. The prices on the website include VAT, but not the shipping charges that are added to the total price. Prices may change at any time. However, except as stated above, changes will not affect orders for which we have sent the Order confirmation. When you have selected all the items you want to buy, they will be added to your basket. The next step will be the processing of the order and payment. For this purpose, you need to follow the steps of the purchase procedure so that you specify or verify the information requested for each step. Furthermore, during the purchase procedure, prior to payment, you can modify the details of the order. In the Purchase Guide is a detailed description of the purchase procedure. Also, if you are a registered user, a record of all orders that you have made is available in the "My account" area.

You can use the following tabs as the method of payment: Visa, Mastercard, Maestro, American Express, Diners.

In order to reduce the risk of unauthorised access, your credit card details will be encrypted. When we receive your order, we will ask for pre-authorization on the card to ensure that it has sufficient funds to complete the transaction. Payment on your credit card will be made when the order leaves our warehouse. When you click "Authorize payment", you confirm that the credit card is yours and that you are the legal owner of the gift card or coupon. Credit cards are subject to verification and authorization of the body that issues the card. If the body does not authorize the payment, we will not be liable for a delayed or a failed delivery and we will not be able to close a Contract with you.

13. A PROMPT COMPLETION OF PURCHASE

A prompt completion of purchase (hereinafter "Prompt completion of purchase") makes purchasing easier on this website because you do not need to enter the data for delivery, billing and payment for each purchase. To use the Prompt completion of purchase, you must save the data from your card. You can do this when you perform payment with any of the accepted cards on this website by clicking on the option ("save my card data"). This will save the following card details: card number, cardholder name exactly as it appears on the card and the expiration date. To save the data of your cards and to use the Prompt completion of purchase, you will need to accept the applicable Privacy Policy and Terms. By agreeing to use the Prompt completion of purchase, you approve that purchases paid with these tools be charged on the corresponding card connected with the tool. The use of the card will be subject to written terms between you and the issuer of the card in all cases. You can save the data for as many cards you want in the Prompt completion of purchase tool, but you must perform at least one payment through each of those cards. If you want to save the data for multiple cards, the card for which the data is stored the last will be considered to be your ("Favourite card") and will be charged by default for Prompt completion of the purchase. You can change your Favourite Card in the My Account section on this web site.

To use the Prompt completion of purchase, all you have to do is click the ("Prompt completion of purchase") button, which is shown in ("Bag for buying"). You will instantly see a screen with data regarding delivery, billing and payment for your purchase. The information on this screen cannot be edited so if there is incorrect data, do not complete the purchase. In order to complete a purchase with different details, do not use the Prompt completion of purchase service. You can change your Favourite Card connected to Prompt completion of purchase in the My Account section on this web site.

14. VALUE ADDED TAX

In accordance with the relevant rules and regulations in force, all purchases through the website are subject to value added tax (VAT). VAT is included in all prices. Each invoice issued to a natural person is issued with VAT, and to legal persons without VAT.  If the web purchase is carried out outside of the Republic of Croatia, the invoice will have stated that it is exempt from VAT per article 41, paragraph 1, item a of the law on VAT for countries in the EU, and for countries outside the EU under article 45, paragraph 1, item 1 of the VAT Act.

15. RULES OF REPLACEMENT/REFUND

15.1 The legal right to cancel

Right to cancel

If you are contracting as a consumer, you have the right to terminate the Contract within 14 days without giving reasons. The period for cancellation will expire after 14 days from the day when you or a third party that is not a carrier and that you specified, physically takes over the goods or in the case of multiple goods in one order shipped separately, after 14 days from the day when you or a third party that is not a carrier and that you specified physically takes over the last item of the goods ordered in a single order. For the implementation of rights to cancel, you can inform us at the GALILEO warehouse, at address Kreše Golika 3, 10 000 Zagreb, Croatia, by sending an email to webshop@galileomen.com on your decision to terminate this Contract with an irrevocable statement (example: letter sent by mail or by email). You can use the cancelation form specified in the annex, but it is not mandatory.

In order to satisfy the deadline for cancelation, it is enough to communicate your implementation of your right to cancel before the cancelation period expires.

The consequences of cancelation:

If you choose to terminate the contract, we will refund all payments we received from you, including costs of delivery (except extra costs that have occurred due to your choice of shipping that is not the usual that we offer) without excessive delay, and in any case, within 14 days from the date on which the contract is cancelled. The refund will be performed with the same payment method that you used in the initial transaction. In any case, during such a refund, you will have no extra costs. Regardless of this, we can keep the refund until we receive the goods back or until you submit proof that the goods have been sent, whichever is first. The deadline is honoured if you send us the goods before the expiration period of 14 days.

After cancellation, the products will be returned in the following way:

Returns through the carrier:

When you return the product(s) through a carrier that we set up, you must contact us through the Web Form to arrange a return of the product at home. You must return the product in its original packaging and follow the instructions in the section ("Returns") of this web site. You do not have to pay extra for the above mentioned option. In case you are using some other means of return of the product other than the above stated, you bear the costs caused by such way of return. You are responsible only for the reduced value of the goods resulting from handling that goes beyond that which is necessary for the establishment of the nature, characteristics and functioning of the goods.

15.2 Contractual right to cancel

Besides the legal right to cancel for consumers mentioned in paragraph 15.1 above, we give you a period of 30 days from the date of delivery of the product for a return of the product (other than those mentioned in paragraph 15.3 above for which the right to cancellation is turned off).

In the event that you return goods within the contract period of the right to cancellation after the legal time period has expired, you will be refunded only the amount to paid for the stated products. Shipping charges will not be returned. You can apply your right to cancellation in accordance with the provision of Article 15.1 above. However, if you inform us about your intention of cancelling the Contract after the legal time period for cancellation, in any case, you will need to handover the goods within 30 days of the Shipment confirmation.

15.3 General provisions

You will not be entitled to cancel the Contract when it comes to the delivery of one of the following Products:

• Perfumes without the original cover.
• Closed goods not suitable for return because of hygienic reasons when opened after delivery.
• If the client returns a product without the original packaging and/or with minor damage and/or with signs of use of the product, citing the article of a unilateral cancellation of the contract, the Seller will be required to implement a complete refund of the amount within a period of 14 days.
• If, regardless of the packaging and regular use which is required to test a product, the Client returns the product with great damage or in the state where, for the seller, it is impossible to sell the product (not suitable for sale), the seller will not be liable for any refund to the Client.

After cancellation, the products will be returned in the following way:

Returns through the carrier:

When you return the product(s) through a carrier that we set up, you must contact us through the Web Form to arrange a takeover of the product at home. You must return the product in its original packaging and follow the instructions in the section ("Returns") of this web site. If you have purchased the goods as a guest, you can request a refund through the delivery service by sending an email to povrat@galileomen.com

You do not have to pay extra for any of the above mentioned options. In case you are using some other means of return of the product other than the above stated, you bear the costs caused by such way of return. After an examination of the article, we will notify you if you have the right to a refund of the paid amount. Shipping charges will be refunded when the right to cancellation is executed within the legal time frame and all relevant goods are returned. The refund will be paid as soon as possible, and in any event within 14 days from the date when you inform us of your intention to cancel. Regardless of this, we can keep the refund until we receive the goods back or until you submit proof that the goods have been sent, whichever is first. The refund will always be paid through for the same payment method you used for the purchase.

You will bear the costs and risks for returning the products as stated above. If you have any questions, you can contact us through our contact form or by sending an email to webshop@galileomen.com

15.4 Return of damaged products

If you think at the moment of delivery that the product is not as it is stipulated in the Contract, you must immediately contact us through our contact form and specify the details of the product and the existing damage. You must return the product to the address specified under Sender. We will carefully examine the returned product and notify you in a reasonable amount of time if the product can be replaced and if you have the right to a refund (which is applicable). The refund or replacement of the product will be as soon as possible, and in all cases within 14 days from the date we send you e-mail in which we confirm that a refund or a replacement will be executed. If any damage is confirmed on the returned product, we will execute a complete refund including costs you had during the delivery and return. We will bear the costs to the extent specified by applicable law and we reserve the right to refuse payment of expenses that obviously were not necessary or required for the exercise of the rights of the consumer (such as postal deliveries outside the borders of the European Union). The refund will always be paid through for the same payment method you used for the purchase. All rights that are established within the current legislation will be, in any case, protected.

16. LIABILITY AND DISCLAIMER

Unless otherwise expressly stated in these Terms, our liability in connection with any of the products on this web site will be limited solely to the cost of purchase of the product. Regardless of the above stated, our liability shall not be excluded or limited in the following cases:

In the case of death or personal damage that is caused by our negligence;

In the case of fraud or fraudulent deceit;

In the case where it would be illegal or unacceptable to exclude, restrict, or attempt to exclude or restrict our liability. Regardless of the above paragraph and legally permissible measures, and unless the Terms do not specify otherwise, we will not accept any responsibility for the following losses, regardless of their origin:

• loss of income or sale;
• operative loss;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; and
• loss of time for business or management.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of transferred or obtained data through the website, unless otherwise expressly stated on this web site. All product descriptions, data, and materials displayed on this web site are provided "as is", without explicit or implied warranties to the same, except those that are legally established. In that sense, if you are closing a contract as a consumer or user, we are obliged to deliver the goods in accordance with the Contract and we are responsible towards you for any lack of conformity which exists at the time of delivery. It is implied that the goods comply with the Contract if it meets the following guidelines:

It is in accordance with the description that we have listed and it has qualities that are presented on this web site;

It corresponds to the purposes for which goods of that type are typically used;

It is characterized by the quality and performance that is common for goods of that kind and that can be reasonably expected.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, registered trademarks and other intellectual property rights in all material or content specified as part of the website belong to us at any time or to those who give us a license for their use. You can use the aforementioned materials only to the extent that we or licensed users explicitly approve. It does not prevent you from using this website to the extent that is needed to copy data to your order or within your contact details.

18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

This website must not be inappropriately used for the intentional entering of viruses, "Trojan", computer worms, logic bombs or any other software or technologically harmful material. You must not attempt to gain unauthorized access to this website, the server on which the page is located, or any server, computer or database connected to our website. You take the responsibility that you will not attack this website through an attack of destroying services or through an attack distributed by destroying services.

Failure to respect these points will be considered a violation as defined within applicable regulations. We report each failure to follow these regulations to the appropriate authorities and we will cooperate with them in determining the identity of the attackers. Also, in the event of non-compliance of this article, approval for the  use of this web site will be immediately suspended. We will not be liable for any damage arising from the attacks of destroying services, viruses or other software or technologically harmful material that may affect your computer, IT equipment, data, or material as a result of the use of this website or downloading content from the same, or those to which this page redirects you.

19. LINKS FROM OUR WEB SITE

If our web site contains links to other web sites and materials of third parties, the listed links are provided for informational purposes only and we have no control over the content of these websites or their material. Accordingly, we will not accept liability for damages resulting from their use.

20. WRITTEN COMMUNICATION

Applicable laws require that some of the data or notifications that we send are in written form.

By using this website you agree that the majority of communication with us will be electronic. We will contact you by e-mail or will provide you with information by posting notices on this website.

For contractual purposes, you agree to the use of electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send you electronically are in accordance with the legal requirements of their provision in writing. That provision will not have an impact on your legal rights.

21. NOTIFICATIONS

Notifications that you send to us must preferably be sent through our contact form. In accordance with regulations in Item 21, and unless otherwise specified, we may send you notifications by email or to the postal address you provided when placing the order.

It is implied that notifications will be received and processed as soon as they are published on our website, 24 hours after the email is sent, or three days after the postal date on the letter.

As evidence that a notification was sent, it will be sufficient to prove, in the case of letters, that it was properly addressed, that the appropriate postage was paid for and was delivered on time to the postal office or mail box; in the case of email, that a notification was sent to the email address specified by the recipient.

22. THE TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding for both Parties, as well as for the respective successors and assignees. You may not transfer, grant, give or in any other way transfer the Contract or any of your rights or obligations arising out of the same, without our previously signed consent. We can transmit, grant, give, sub-contract or otherwise transfer the Contract or any of the rights or obligations arising out of the same, at any time of the contract. To avoid dilemmas, the specified transfers, granting, giving or other transfers will not have an impact on the rights which, as applicable, you have as a consumer set out by the law, or cancel, reduce or limit in any way the explicit and implied warranties that can be given to you.

23. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any discrepancy or delay of compliance with any of the obligations that are implied within the Contract if they are caused by events outside our reasonable control ("force majeure"). Force majeure will include any act, event, failed execution, default, or an accident which is beyond our reasonable control, including, among other things, the following:

• A strike, closing or other forms of protest.
• Civil unrest, riot, invasion, terrorist attacks or terrorist threats, the war (declared or undeclared) or a threat of war or preparation for war.
• Fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters.
• The impossibility to use trains, ships, aviation, motorized transport or other means of transport, public or private.
• The impossibility of the use of the public or private telecommunication system.
• Regulations, decrees, laws, provisions or restrictions of any Government or public authority.
• Strike, malfunction or accident in maritime or river transport, postal transport or other type of transportation.

It will be implied that our obligations arising from the Contract will be suspended during the period of force majeure and we will be given an extension to the period in which we can fulfil that obligation in a span equal to how long the force majeure lasts. We will provide all reasonable resources for the situation of force majeure to finish in order to find a solution that allows us to fulfil our obligations according to the Contract, despite the force majeure situation.

24. THE RIGHT TO WAIVER

The inability to from our side to demand your strict compliance with any of the obligations on your part which imply within this Contract or these Terms or the inability on our side to implement rights or actions connected to us regarding this Contract or Terms will not mean waiving or restricting the stated rights or actions nor will it relieve you from filling out the stated obligations. A waiver by us of specific rights or actions will not constitute a waiver of other rights or actions arising from the Contract or Terms. A waiver by us of any of these terms or the rights or actions arising from the Contract shall not take effect unless expressly determined that it is a waiver of rights and that it is formalized and that you are informed in accordance with the regulations of the Notifications section above.

25. PARTIAL CANCELING

If any of these Terms or provisions of the Contract are declared null and void through a firm decision of a relevant authority, the remaining terms and provisions will remain in force without any impact of the aforementioned statement of cancellation.

26. THE ENTIRE AGREEMENT

These Terms and any document that is referenced within the entire Contract between the parties in connection with the intended use of the same, that replaces the previous arrangement, agreement or a promise between the two sides verbally or in writing. The sides confirm that they have entered into an agreed Contract regardless of any statement or promise made by the other party or that could be taken from any statement or document in the negotiations between the two sides prior to the Contract, except those that are explicitly mentioned in these Terms. Neither side will not take any action associated with an untrue statement the other Party gave, verbally or in writing, before the date of the Contract (unless the stated untrue statement was not made fraudulently). The only action that the other Party can take is for violating the contract in accordance with the regulations of these Terms.

27. OUR RIGHT TO CHANGE THESE TERMS

We have the right to inspect and alter these terms at any time. You are subject to the rules and Terms that are in force at the time in which you are using this website or placing an order, unless due to the law or decision of a ruling body we must retroactively carry out changes in the above rules, Terms, or Privacy Policy. In this case, the possible changes will also affect the orders you have previously made.

28. APPLICABLE LEGISLATION AND JURISDICTION

The Croatian legislation is competent for the use of our web site and purchase contracts of products through the stated web site. Any dispute that arises or is connected with the use of this website or the stated contract will be subject to the sole competence of Croatian courts.

If you are closing a contract as a consumer, nothing in this Item will affect the rights that you have, as confirmed in the applicable legislation in this area.

29. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send us your comments and suggestions by sending an email to webshop@galileomen.com