Subject to the General Terms
1.1. These General Terms and Conditions (hereinafter: General Terms and Conditions) regulate the relations between the company ProAkustik Distribucija doo from Zagreb, Kriška 25, OIB: 48757533191 (hereinafter: ProAkustik) as a supplier of equipment, parts of equipment, components, services, services, and support providers for which ProAkustik has been granted authorizations or other approvals in accordance with the regulations in force in the Republic of Croatia, policies of producers or principals on the one hand, and service users and customers and purchasers of goods and services (hereinafter: Client) on the other. All relevant relations between ProAkustik and the Client that are not specifically regulated by these General Terms and Conditions shall be subject to all relevant regulations of the Republic of Croatia and the EU that will be applicable and in force on the day of concluding the contract or starting the business, or after that day.
ProAkustik services and support and service quality level
Conditions for concluding a contract on cooperation and / or delivery of equipment and goods
3.1. Users of ProAkustika Services can be natural or legal persons. 3.2. At the time of concluding the contract or contracting the contract, the Client will provide ProAkustika or an authorized person at ProAkustik's authorized point of sale with his data necessary for concluding the contract, for which the Client gives his explicit consent. 3.3. Upon ProAkustik's request, the Client is obliged to present all other information and documents that ProAkustik may hold necessary for the conclusion of the contract, in accordance with the usual procedures for verifying the identity / creditworthiness of the Client in accordance with the provisions of special laws. 3.4. The Client agrees that ProAkustik verifies the Client's personal data, identity, status and solvency with the competent authorities that have access to such data, for which they have the explicit consent of the Client. 3.5. By signing the contract or concluding the deal, the Client gives his explicit consent to ProAkustik to use, enter and process his personal data, including OIB for the purposes of his own records. The Client further consents to ProAkustik, in accordance with the Personal Data Protection Act and the General Guidelines, forwarding the Client's personal data to financial institutions, creditor banks or debt collection agencies, companies registered for creditworthiness testing, public communications service operators, legal or natural persons perform the activity of providing information and publishing the public directories of the Client, operators of value-added services for the purpose of fulfilling legal obligations, checking solvency, 3.6. By signing the contract or concluding the deal, the Client undertakes to respect the intellectual property rights. 3.7. The Business Cooperation Agreement contains: data on the Client (natural or legal person who signed the Agreement and is responsible for payment), data on the facility (s) / locations / branches to which the agreement refers, delivery and payment deadlines, method of payment, names of persons in charge of contract implementation and other relevant information related to business cooperation. 3.8. The Client expressly agrees that his conversations with ProAkustik's Customer Service may be recorded solely for the purpose of internal monitoring of the provision of ProAkustik's services to customers and improving the quality of ProAkustik's services.
Obligation of the Client to notify about the change of data stated in the contract
4.1. The Client is obliged to notify ProAkustik in writing of any change in personal or identification data specified in the contract immediately, and no later than within 8 (eight) days from the occurrence of such change. 4.2. If the Client does not inform ProAkustik about the change of personal or identification data within the period provided for in paragraph 1 of this Article, and if due to such omission ProAkustik's notification or other correspondence cannot be delivered to the Client, the delivery will be considered valid. The same applies to invoices and payment reminders that ProAkustik will send to the last reported address of the Client.
Concluding a contract
5.1. Contracting work and concluding contracts 5.1.1. ProAkustik will consider the work contracted and the contract concluded at the time of signing it if the following two conditions are met: a) that the Client has settled all due and unpaid receivables on the day of signing the contract; b) that there are no obstacles to the execution of the contract / delivery / support / service 5.1.2. The rights and obligations from the contractual relationship between ProAkustik and the Client (hereinafter: the contractual relationship) begin at the time of concluding the contract. The contract is considered concluded from the moment of signing it, as determined in the previous point of this paragraph. ProAkustik is obliged to provide the Client with an insight into the General Terms and Conditions when concluding the contract, and by signing the contract the Client explicitly agrees with the General Terms and Conditions. The Agreement will also be considered concluded for additional services that are available to the Client through publicly announced procedures, which are determined by ProAkustik. 5.1.3. In the event that the Client unilaterally terminates the Agreement before the expiry of the mandatory duration of the Agreement (which includes termination of the Agreement in case of transfer of the agreement to a third party) or if the Agreement is terminated by ProAkustika due to the Client's fault, the Client is obliged to pay the total amount. the remaining monthly fees and overdue and outstanding claims for the remainder of the term of the contract. The mandatory duration of the contract cannot be longer than two years. 5.1.4. At the Client's request, ProAkustik undertakes to make the contract available in other forms, adapted to blind and partially sighted persons if technically feasible. 5.1.5. In case of concluding a distance contract, ProAkustik is obliged to send the Client a written confirmation of concluding a business cooperation agreement. 5.1.6. In the case of concluding a contract in which there is a certain trial period of using the service within which the Client may cancel it free of charge, ProAkustik must notify the Client of the service, in writing or orally, within eight (8) days before the expiration of the trial period. the contract will not be terminated free of charge. 5.1.7. The printed invoice must be available to all clients. Clients can be offered the opportunity to receive an invoice in electronic form in accordance with special regulations (separately or together with a printed invoice). The Client's account will be available on request in another form, adapted to blind and partially sighted persons if technically feasible. 5.2. Refusal to enter into a contract 5.2.1. ProAkustik has the right to refuse to enter into a contract in the following cases:
a) if the Client is a minor or if his legal capacity is in any way limited, and valid approval of the legal representative is not given;
b) if there is a reasonable suspects that the information on the identity of the Client's natural person, legal capacity or identity of the Client's legal entity, its solvency and deficiencies in the authorization or right of representation are incorrect or true;
c) if bankruptcy, liquidation or restructuring or if the Client becomes insolvent or over-indebted or if there is any overdue, and the outstanding claim of ProAkustika on any basis against the Client or if, in the reasonable opinion of ProAkustika, the Client has any other difficulties in terms of its business or settlement of obligations to creditors, unless the Client provides ProAkustika with adequate insurance to pay for Services including but not limited to: account coverage for min. 80% of the value of the contracted work or service, a valid bank guarantee, acceptance of the service restriction set by ProAcoustics, and if possible;
d) if there is a reasonable suspicion that the Client has abused, abuses or intends to abuse the Services provides ProAkustik or if it enables the misuse of these Services by third parties;
e) if the Client has not duly signed the contract or if he has provided unusable data; 5.3. Failure to perform services 5.3.1. In the event that an advance has been paid and the contract has not been concluded for any of the reasons referred to in item 5.2.1. If the job is not and will not be realized, the Client has the right to request a refund of the advance in writing within 8 days, provided that the returned equipment / delivery is returned undamaged, unused and in the original packaging.
Delivery of goods and delivery to the customer
6.1. ProAkustik delivers the equipment / goods / delivery to the client after accepting the contract. Equipment / goods / delivery is the property of ProAkustik until all receivables from due and unpaid invoices issued by ProAkustik to the client have been settled. The software solutions provided by ProAkustik are the intellectual property of ProAkustik regardless of the actual owner of the equipment / goods / components or system that arose from the components. ProAkustik grants the right to free use of its intellectual property to a client with whom a particular solution has been applied during the life of the equipment, provided that third parties do not interfere and do not transfer the right of use to persons who do not own the equipment / goods / components or system. p> 6.2. The customer is obliged to accept the equipment / goods / components or systems that came from the components he ordered to use and use them in accordance with the law, bylaws and generally accepted social and moral norms. 6.3. ProAkustik does not bear any responsibility for any damages caused to the Client and / or third parties due to unprofessional or illegal use of installed, installed and / or sold equipment. The client is obliged to insure the equipment / goods / components from modifications that are not in accordance with the contracts, legal regulations and / or issued technical documentation. 6.4. The client is obliged to keep confidential his assigned codes and other data that may be misused. Violation of this obligation as well as the obligation from 6.3. is the basis for voiding the warranty. 6.5. In the event of theft, loss or misuse of equipment / goods / system components, any part of the system or material created by the work of the system agreed, delivered by ProAkustik, it does not bear any responsibility towards the Client and / or a third party that could in such circumstances find damaged. 6.6. The warranty period begins on the day of delivery of the goods and ends in accordance with the duration of the warranty period of individual components. The minimum duration of the warranty period is determined by the Law on Obligations. 6.7. The right to warranty is exercised with a written request of the client to determine the defect within the warranty period by an authorized service, return of defective goods or equipment ProAkustiku after which it is possible to replace the goods with new ones. The guarantee is not valid: In case of force majeure (electric discharge, flood, earthquake, fire, etc.) as well as in case of mechanical damage to the equipment. All returned equipment must be packed in the original packaging
6.8. The return of incorrectly ordered equipment is only possible if it has not been used and if it is returned in its original packaging. Wrongly ordered equipment can only be exchanged for other goods. Equipment that is delivered by special order of the Client (the one that is not in the standard offer but is ordered from the manufacturer or vendor once at the request of the Client) cannot be returned.
Pricing system and payment terms
7.1. Pricing system 7.1.1. The price system of goods / components / elements / services, as well as all other fees to which ProAkustik is entitled under these General Terms and Conditions, are determined by the ProAkustik price list in force at the time of delivery or at the time of concluding the contract (hereinafter: Price List). ProAkustik is authorized to change the Price List and undertakes to publish it and make it available in the usual and accessible way. The price list will be available to every registered client as well as all information about additional services offered by ProAkustik, and the prices of these services. The price list is also available in electronic form. 7.1.2. The price list may provide for special conditions as well as additional services. In case of changes in the price system, ProAkustik is obliged to inform the Clients to whom the changes relate in writing or electronically about the proposed changes and the right to terminate the contract in accordance with the General Terms and Conditions, and ProAkustik may apply the changes to existing Clients the same, except for changes in favor of the Client, which are applied without delay. In the event that the changes are less favorable for the Client in relation to the agreed prices, the Client has the right to terminate the contractual relationship free of charge within 30 days from the date of publication of the changes. 7.2. Terms of payment 7.2.1. ProAkustik issues invoices to the Client for the performed deliveries, with the due date stated on the invoice. Complaints regarding the amount from the invoice must be submitted to ProAkustika in writing in accordance with Article 10 of the General Terms and Conditions. Otherwise, it is considered that the Client has accepted the invoice. The costs of all commissions of the institutions where the payment of bills is made are fully borne by the Client. The client is obliged to pay the total amount of costs and debts incurred during the contract, all delivery costs and costs incurred after the contract if the client specifically ordered them. 7.2.2. ProAkustik is authorized with the prior written consent and written notice to the Client to transfer to the creditor banks as well as to the authorized receivables collection agencies, the right to collect the Client's account. If he receives a written notification from ProAkustik, the Client is obliged to pay the due invoice for the performed Services free of charge to the creditor banks or debt collection agencies in accordance with the received notification. In order to enable the transfer of collection rights to creditor banks, ie receivables collection agencies, ProAkustik is authorized to submit the necessary data to creditor banks and receivables collection agencies. By concluding the contract, the client gives his consent. 7.2.3. ProAkustik is obliged to monitor the user's usual behavior, and in case it notices an unusual and sudden increase in costs that it considers inappropriate and excessive for any reason, it will warn the Client in an appropriate manner, and may temporarily suspend the Client's business to reduce risk. from possible damage, and to protect the interests of the Client and ProAkustik, and reduce future debt. 7.2.4. If due to the Client's omission the Client's identification data or account number is not entered correctly in the payment order, ProAkustik will consider that the receivable is settled only after the Client presents the correct data, the original payment order certified by the institution where the payment was made and proof that the payment order relates to the appropriate account. ProAkustik has the right to charge legal default interest on overdue and unpaid receivables from the Client. 7.3. Collection of unpaid receivables 7.3.1. If the Client has not submitted a written objection from Article 10 of these General Terms and Conditions and has not settled the due debt for the delivered goods / components / equipment, ProAkustik will deliver a written reminder to the Client with a warning that after thirty (30) days of delivery to the Client, if the total overdue debt is not settled within that period, ProAkustik will take measures and actions to protect its interests. 7.3.2. ProAkustik reserves the right to suspend all deliveries, perform services and provide any technical support to customers against whom ProAkustik has overdue and outstanding receivables. 7.3.3. The suspension of further activities towards the client is not conditioned by the type of debt, but all activities are suspended until the settlement of debts and obligations. 7.3.4. ProAkustik reserves the right to charge the Client the costs of the Reminder in accordance with the valid Price List. 7.3.5. If the Client does not settle the debt even after thirty (30) days from the date of temporary suspension of services, equipment and support to the client, ProAkustik may permanently suspend the delivery of services, equipment and support to the client and terminate all contractual relations with the client. 7.3.6. In case of debt settlement, ProAkustik reserves the right to charge the Client a fee for the re-establishment of certain services if required by the technological process, according to the valid Price List. ProAkustik reserves the discretion in the decision to continue cooperation with the client described in 7.3.5. 7.3.7. In case of initiating enforcement proceedings against the client or the occurrence of circumstances from 7.2.2. all ProAkustika's contractual obligations to the customer automatically cease to be valid.
Transfer of contractual relationship
8.1. The Client cannot transfer the System Installation Agreement to the new Client, but in case of such a need a new contract is concluded between the new client and ProAkustik with the fulfillment of the conditions for concluding the contract. 8.2. Termination of the old and conclusion of a new contractual relationship will be performed at the request of the previous Client, after ProAkustik accepts the conclusion of the contract of the new Client. Prior to concluding a contract with a new Client, ProAkustik is authorized to take all actions in respect of the new Client to which it is otherwise authorized by these General Terms and Conditions regarding the conclusion of a contractual relationship. 8.3. The New Client, who has entered into a contract with proacoustics based on the withdrawal of the previous client under the contract for the same work, is co-responsible for the payment of the Services performed and the costs incurred from the old contract. 8.4. ProAkustik will provide the previous Client with a written invoice for the Services used by the previous Client, which could not be calculated during the contractual relationship with the previous Client and which the previous Client is obliged to pay for.
Interference, technical and operational capabilities of ProAcoustics
9.1. By signing the Agreement, Clients accept that ProAkustik provides the Services within its technical and operational capabilities. When signing the contract, ProAkustik undertakes to inform the Client about possible interferences and / or possible technical difficulties with deliveries. 9.2. If due to the Client's action for which he is responsible or participates in it, there is an unexpected extension of the delivery deadlines, the Client will not be released from his obligation to pay the costs to ProAkustika. 9.3. ProAkustik is not obliged to pay damages if the quality level of services provided is lower than the prescribed level of service quality due to objective causes that could not be foreseen or avoided or eliminated (force majeure) or are conditioned by the will or actions of the client. ProAkustik will also not be liable for any damage incurred during the maintenance of equipment supplied by ProAkustik, which could affect the quality of Services as well as for any damage or lost profits of the Client caused by interference during use of goods / equipment / system components / systems. have arisen, unless otherwise provided by the compulsory regulations of the Republic of Croatia.
File a complaint
10.1. A client who has submitted a timely objection to the quality of the delivery may request a supplement to the delivery in order to meet the quality criteria and based on these General Terms and Conditions from ProAkustik if it is determined that the quality of delivery is lower than the prescribed regulations in the Republic of Croatia and these General Terms. > 10.2. A timely complaint is considered to be one that is sent within 30 days from the day of delivery of goods, equipment and / or services and the beginning of their use. The complaint is submitted in writing on the client's memorandum and signed by the person responsible for the implementation of the contract. The complaint must include the exact location of the delivery, the reason for the complaint, a description of the problem and the subject of the complaint. 10.3. In the event of justified complaints, ProAkustik undertakes to eliminate all deficiencies as soon as possible at its own expense and to notify the Client in writing. Late and incomplete objections will not be considered. If during the resolution of the complaint it is determined that it was unfounded, ProAkustik reserves the right to charge for establishing the factual situation according to the valid price list.
10.4 .. The complaint must contain the facts and evidence on which it is based and must be drawn up on the prescribed form in 10.2. ProAkustik is obliged to submit a written response to the complaint in the first-instance procedure within a maximum of 15 days from the day of submitting the complaint.
10.5. The Client has the right to file a complaint (complaint) within 30 days. If the Client does not file a complaint within the set deadline, the Complaints Commission will not take it into consideration and will reject it as untimely.
ProAcoustics' obligation to store customer data
11.1. ProAkustik will collect, process and store personal and identification data about its Clients only with the Client's by-catch. ProAkustik will keep this information confidential and will use it only for its own needs as well as for purposes that are in accordance with the law and these General Terms and Conditions. The client can withdraw his consent at any time by sending such a notification to the e-mail of the person responsible for keeping the database - firstname.lastname@example.org. 11.2. ProAkustik reserves the right, with the prior consent of the Client (consent), to inform them of various promotions and new products and services, as well as current offers. The client may prohibit such notification - withdraw or withdraw consent.
11.2 Proacoustic will never disclose any data existing in the database to third parties. Upon explicit request, ProAkustik will delete all data about the person who requests it through the person responsible for data collection by e-mail. email@example.com.
Temporary suspension and / or denial of service and / or delivery of equipment and support
12.1. ProAkustik has the right to immediately suspend all deliveries as well as technical support if for the duration of the contractual relationship ProAkustik determines:
a) the existence of the circumstances specified in Article 7.3. of these General Terms and Conditions;
b) if it receives a report on the misuse or theft of equipment, any part of it or material resulting from the operation of the equipment;
c) if ProAkustik subsequently determines the existence of any reason for refusing to enter into the contract in point 5.2. of these General Terms and Conditions;
d) if works on ProAkustik support systems are performed for less than 3 days, until the completion of these works with prior notice;
e) if any of the reasons for temporary denial of services to the Client appear as provided by the applicable Law or bylaws;
12.2. Customer services suspended under 12.1 will be re-established if the reasons for the suspension disappear. 12.3. The obligatory duration of the contractual relationship does not run during the temporary suspension that occurred at the request of the Client, and after the reactivation of services it continues to run. 12.4. ProAkustik is obliged, if there is a technical possibility, to offer all Clients the possibility of setting a ban on unauthorized access to systems and parts of the system, especially passwords and passwords.
Termination of the Contractual Relationship
13.1. The contractual relationship between ProAkustik and the Client may be terminated for the reasons stated in the applicable Law or bylaws as well as in the following cases:
a) if the circumstances specified in Article 7.3.5 of these General Terms and Conditions are established;
b) if the Client no longer has an address in the Republic of Croatia for delivery of invoices and ProAkustik notifications or if he has not specified an address for sending invoices;
c) if ProAkustik finds out that any of the data from the Agreement with the Client is false or incomplete. be properly corrected within 30 days from the date of receipt of the ProAkustik notice;
d) if there is a reasonable suspicion that the Client is abusing the Services provided by ProAkustik or if the Client allows such abuse to third parties,
Other reasons for termination of the contractual relationship
14.1. The Client may terminate the contractual relationship by sending a notice of termination to ProAkustik by registered mail or by signing a Request for Termination of Contract at an authorized point of sale. In such a case, the notice period will be 3 days from the date of receipt of the notice of termination by ProAkustik. In the latter case, the deadline is 24 hours. 14.2. In case of death or termination of the Client, his heirs, family members / legal heirs with whom he lived in the family household are obliged to notify ProAkustik about the death / termination of the Client within 30 days from the day of death / termination, in which they can request transfer of the Contractual relationship. If the heir / legal successor or a member of the Client's family with whom he lived in the family household in the death notice does not ask ProAkustik to change the name in the Client's title and transfer the contractual relationship, the contractual relationship will be considered terminated on the Client's death / termination. The heirs / legal successors of the deceased / deceased Client are liable to ProAkustika in accordance with the provisions of the Inheritance Act for all outstanding debts that arose before the day of the deceased Client's death. 14.3. ProAkustik will cease to provide its services and deliveries in the event of termination or revocation of the authorizations or permits granted to it by the competent authority. In that case, all contracts will be considered terminated on the day of termination of ProAkustik determined by the decision of the competent authority. Upon termination of the Contractual Relationship, ProAkustik will deactivate the Client's services. If ProAkustik intends to suspend the provision of its services for the reasons stated here, it must notify the Clients of these services in writing or electronically at least 30 days in advance.
Termination of the Client (legal entity)
15.1. In case of initiating bankruptcy or liquidation proceedings against the Client, the bankruptcy trustee or liquidator is obliged to notify ProAkustik in writing of the initiation of bankruptcy and liquidation proceedings within 30 days from the day of initiating these proceedings. 15.2. ProAkustik will terminate the contractual relationship and establish a new one with the necessary changes to the data in the title of the Client against whom bankruptcy or liquidation proceedings have been initiated only provided that the Client has settled all due and uncollected debts for already performed Services by ProAkustik. other ProAkustik's claims arising up to the date on which ProAkustik received notification of the commencement of bankruptcy or liquidation proceedings from the bankruptcy trustee or liquidator. 15.3. The contractual relationship will be considered terminated on the day of initiating bankruptcy or liquidation proceedings against the Client if the bankruptcy trustee or liquidator in the notice of initiation of these proceedings does not simultaneously request termination of the old and conclusion of a new contract with correction of data in the Client's title. The client against whom bankruptcy or liquidation proceedings have been initiated is obliged to pay all claims of ProAkustika that arise until the moment of termination of the contract.
17.1. Disputes arising from the Agreement, including disputes regarding the interpretation, application or execution of these General Terms and Conditions, ProAkustik and the Client will endeavor to resolve in a friendly manner. In case of a dispute, the Client may file a complaint to the ProAkustik Customer Service as a first instance body, and if he is not satisfied with the decision, he submits a complaint (complaint) to the Commission for resolving customer complaints (hereinafter: the Commission) as a second instance body. If, however, the contracting parties fail to resolve their disputes in the manner described, the competent court shall be the court in Zagreb.
18.1. These General Terms and Conditions will be published on the ProAkustika Website, in accordance with the regulations in force in the Republic of Croatia, and will be available to all clients and legal and natural persons who intend to become so. 18.2. ProAkustik will publish and make available all amendments to these General Terms and Conditions in accordance with paragraph 18.1. of this Article. 18.3. In case of changes and amendments to the General Terms and Conditions, ProAkustik must inform the Clients in writing or electronically about the proposed changes and amendments and their right to terminate the contract, in accordance with these General Terms and Conditions. 18.4. ProAkustik may apply amendments to the General Terms and Conditions to existing Clients no earlier than 30 days from the date of their publication. Changes that are solely in favor of the Client may be applied without delay. In the event of a change in the general terms and conditions, which are less favorable for the Client compared to the agreed general terms, the Client has the right to terminate the contractual relationship free of charge, within 30 days from the date of their publication.
Validity and acceptance of the General Terms and Conditions
The General Terms and Conditions enter into force on the day of their adoption and repeal all previous ones, and are valid until revoked or until the adoption of new ones.
The customer accepts the validity of the General Terms and Conditions if the delivery has been made to him, by logging in to the web service and confirming the "I accept the General Terms and Conditions" feature or if he has expressed his acceptance orally.