BASIC SELLER INFORMATION

Name: DIGITAL PORTRAITS, digital printing and design craft, owner Tatjana Živanović
Registered office: 204. vukovarske brigade 79, 32000, Vukovar
VAT ID (OIB): 02150275346
Business bank and giro account number: Raiffeisenbank Austria d.d., Magazinska cesta 69, 10000 Zagreb
IBAN: HR6524840081135476717 SWIFT: RZBHHR2XXXX

Owner and authorized representative: Tatjana Živanović

Phone number: +385989670580
E-mail address: info@digitalportraits.shop

GENERAL TERMS AND CONDITIONS

The consumer, in the capacity of a buyer, enters into a sales contract with Digital Portraits, 204. vukovarske brigade 79, 32000, Vukovar (hereinafter: “Digital Portraits”) in the capacity of the seller.

Legal entities as buyers are subject to the application of the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the parts relating to:

• price and payment method,
• main characteristics of the product,
• contract conclusion procedure,
• description of delivery methods and shipping costs,
• general information,
• disclaimer of liability, and
• the moment of contract conclusion.

The seller may, at their discretion, grant a legal entity the rights held by a consumer buyer in any specific case. A user is a person who uses the website www.digitalportraits.shop, as well as every buyer and visitor to the website www.digitalportraits.shop.

The conclusion of a sales contract via the website www.digitalportraits.shop is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of European Union directives. The conclusion of a contract via the website www.digitalportraits.shop constitutes the conclusion of a distance contract.

These General Terms and Conditions also constitute pre-contractual information and apply to the conclusion of a sales contract if the buyer is a consumer, i.e., any natural person who enters into a legal transaction or acts on the market outside their trade, business, craft, or professional activity, and if the contract is concluded between a trader and a consumer within an organized system of sales or service provision without the simultaneous physical presence of the trader and the consumer at one place, whereby one or more means of distance communication are used exclusively until the moment of contract conclusion and for the conclusion of the contract itself.

Means of distance communication are all means that can be used for the conclusion of a distance contract without the simultaneous physical presence of the trader and the consumer, such as the internet and e-mail.

The contract is concluded when the seller accepts the buyer's offer, and everything stated on the pages of www.digitalportraits.shop constitutes an invitation to place an offer. The seller may terminate the sales contract if the buyer does not pay the purchase price and is not obliged to deliver the product until the moment the purchase price is received.

If the user does not agree with the General Terms and Conditions and/or the Data Protection Information, they are obliged to leave and not use the website www.digitalportraits.shop.

When a user engages in certain activities on the website www.digitalportraits.shop, such as opening a user account, using the online store, filling out surveys, commenting, publishing content, participating in competitions or prize games, sending feedback, requesting information about services, or responding to a job advertisement, Digital Portraits may request the user to provide certain additional personal data. In that case, before providing additional personal data, we recommend that you read the Data Protection Information.

The content of the website www.digitalportraits.shop is originally available in Croatian, but also in English and other languages depending on the IP address from which the website is being browsed. The official language for concluding a sales contract is Croatian.

MAIN CHARACTERISTICS OF THE PRODUCT

The buyer is informed about the main characteristics of the product on the website www.digitalportraits.shop.

Digital Portraits reserves the right to change information, including product prices and promotional offers on the pages, without prior notice. Next to the product image, there is a description of the main characteristics of the product and its price excluding VAT (the seller is not a VAT payer). Prices, payment terms, and promotional offers are valid exclusively at the moment of order and/or payment.

CONTRACT CONCLUSION PROCEDURE

Purchasing is carried out on the Digital Portraits website, www.digitalportraits.shop, by filling out the provided form. When filling out the form, the buyer is obliged to enter all requested data. A purchase can be made upon the buyer's confirmation that they have previously read and understood the General Terms and Conditions, that they have agreed to them, and that they are aware that this is an order with an obligation to pay.

Purchasing is possible 24 hours a day, 7 days a week. The buyer will be notified by e-mail of the order confirmation from the CorvusPay system (via an email message containing the order serial number).

In the event that Digital Portraits is unable to deliver any of the ordered products for any reason, a Digital Portraits employee will contact the buyer by phone or e-mail to arrange the delivery of a replacement product or the potential cancellation of the ordered product.

Purchasing products and/or services on behalf of and for the account of a minor or a person deprived of legal capacity (fully or partially) can only be requested by their legal representatives. Purchasing is carried out by ordering available products that the buyer selects based on a photograph and a basic description. Photographs are illustrative in nature and do not always have to correspond in all details to the available products. Purchasing is done in a few simple steps from the comfort of the buyer's home, from anywhere in the world.

The buyer can choose a specific product they are interested in and read the available product description to decide for themselves whether the product meets their needs. The buyer selects products from the Digital Portraits product catalog, which is organized by product type.

Ordering products is done electronically. By clicking on the “Add to cart” icon, the selected product is added to the cart. Placing a product in the cart does not mean the product is reserved, ordered, or purchased. The buyer can continue adding products by returning to the home page or a page specialized for the product, or review the cart by clicking on the cart icon in the upper right corner of the website, or finish the product selection process by clicking on “Proceed to payment”. When the buyer finishes the product selection process by clicking on “Proceed to payment”, they will be redirected to a page where they select the payment method (currently only card payment is available), delivery address, enter a code if they possess a coupon or gift voucher, add additional notes if they have any, and check the appropriate box if they wish to purchase and send a greeting card. It is not possible to continue the purchase without checking the “I agree with the General Terms and Conditions” box, by which the buyer confirms that they have read and understood these General Terms and Conditions and that they agree with them. If the buyer agrees with the purchase of the products in the cart, they can click on the “Pay” icon. After the buyer places the order by pressing the “Pay” icon, the seller will send an order confirmation to the buyer's e-mail address with the order number, confirming that the buyer's order has been received and is being processed.

If the buyer does not receive the ordered products they have paid for within 20 working days (delivery time) (Saturday, Sunday, and non-working days excluded) from the payment made, or 20 working days (Saturday, Sunday, and non-working days excluded) from the conclusion of the sales contract with agreed payment upon receipt, they are obliged to notify Digital Portraits of the same at the e-mail address info@digitalportraits.shop.

If the buyer has not received a purchase confirmation via e-mail within 72 hours or it is not possible to access the service in the manner stated in the e-mail, they are obliged to contact the seller at the e-mail address info@digitalportraits.shop.

In the event that Digital Portraits is unable to deliver any of the ordered products for any reason, a Digital Portraits representative will contact the buyer by phone or e-mail to arrange the delivery of a replacement product or the potential cancellation of the ordered product.

In case of problems or ambiguities during the order, the buyer can contact Digital Portraits at info@digitalportraits.shop.

PRODUCT PRICE AND PAYMENT METHOD

The buyer undertakes to pay for the ordered products by card via the CorvusPay payment gateway under the following conditions:

When paying in our web store, you use CorvusPay – an advanced system for secure acceptance of payment cards via the internet. The CorvusPay system ensures complete confidentiality of your card and personal data from the moment you enter them into the CorvusPay payment form. Payment data is transmitted in encrypted form from your web browser to the bank that issued your card. Our store never comes into contact with the full data of your payment card. Also, the data is inaccessible even to CorvusPay system employees. An isolated core independently transmits and manages sensitive data, keeping it completely secure.

The payment data entry form is secured with an SSL transport code of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all requirements related to the security of online payments prescribed by leading card brands, i.e., it operates in accordance with the PCI DSS Level 1 standard – the highest security standard of the payment card industry. When paying with cards included in the 3-D Secure program, your bank, in addition to the validity of the card itself, additionally confirms your identity using a token or password.

CorvusPay considers all collected information a secret and treats it accordingly. The information is used exclusively for the purposes for which it is intended. Your sensitive data is completely secure, and its privacy is guaranteed by the most modern protection mechanisms. Only data necessary for performing the work in accordance with the prescribed demanding procedures for online payment is collected.

Security controls and operational procedures applied to our infrastructure ensure the immediate reliability of the CorvusPay system. In addition, by maintaining strict access control, regular security monitoring, and in-depth checks to prevent network vulnerabilities, and by planning the implementation of information security provisions, the level of system security is permanently maintained and improved by protecting your card data.

By payment to the account – an order confirmation is sent to the e-mail address provided during the order. After receiving the buyer's payment, the ordered items are sent to the address indicated in the order.

DELIVERY INFORMATION

The sales contract is concluded at the moment of acceptance of the buyer's offer upon receipt of the purchase price payment. A personalized product will be dispatched to the delivery service within a maximum of 2-3 working days from the moment of the buyer's confirmation that it can be printed (Saturday, Sunday, and non-working days excluded). Products that are in stock will be dispatched to the delivery service within 2-4 working days.

The product will be delivered to the buyer on the territory of the Republic of Croatia within 7 working days (Saturday, Sunday, and non-working days excluded) from the handover of the product to the delivery service, to the buyer at an address within the European Union within 15 working days (Saturday, Sunday, and non-working days excluded) from the handover of the product to the delivery service, and to the buyer at an address in Bosnia and Herzegovina, Macedonia, Montenegro, and the rest of the world within 15 working days (Saturday, Sunday, and non-working days excluded).

The agreed purchase price includes all taxes and duties and is expressed in euros. The seller is not responsible for any customs costs, import duties, or other fees that may be charged by the competent authorities of third countries.

Please note that the means of payment in the Republic of Croatia is the euro, and the buyer pays the cost of currency conversion.

DESCRIPTION OF PRODUCT DELIVERY METHODS AND SHIPPING COSTS

Digital Portraits delivers the order within the deadlines stated under “Delivery Information”. Product delivery is carried out via Hrvatska pošta (Croatian Post), with its registered office at Jurišićeva 13, 10000 Zagreb, Croatia.

Digital Portraits checks the correctness of the ordered product before every shipment.

Shipping costs are paid by the buyer. Digital Portraits delivers worldwide.

Buyers are obliged to take over and inspect the shipment in front of the delivery person, all in order to avoid subsequent complaints due to the possibility of damage to the shipment during delivery.

If Digital Portraits is unable to deliver the ordered product, it will notify the buyer. The buyer can cancel the order or wait until the product is available again. If Digital Portraits is unable to deliver the product within the agreed deadline, it notifies the buyer, who is obliged to grant a subsequent reasonable period for the fulfillment of the sales contract.

If the buyer does not take over the product or refuses to take over the product without a valid reason, Digital Portraits reserves the right to demand compensation for handling, transport, and other possible costs.

GENERAL INFORMATION

Users, i.e., buyers, are obliged to familiarize themselves with the General Terms and Conditions of the website before starting to use the website www.digitalportraits.shop (hereinafter: website) owned by Digital Portraits. If they have additional questions or ambiguities regarding the General Terms and Conditions, they can contact the e-mail address info@digitalportraits.shop.
By accessing the website or using any part of its content, the user accepts the General Terms and Conditions of the website www.digitalportraits.shop, as well as all other rules and conditions of use of the subject website and the services provided through it. Users agree that they will not use the website in a way that harms the authors or third parties, and they accept all risks of using the website and services. If the user does not agree with the stated, they are obliged to stop using the website and the services provided through it.
The content of the website is protected by copyright. Changing, borrowing, selling, or distributing the content is possible only with the prior written permission of Digital Portraits.

Digital Portraits enables the use of the website in the best possible way. This includes: monitoring server operation, expanding capacity according to the number of users, user support, and fixing possible errors and problems in system operation. Digital Portraits does not assume responsibility for possible problems in the operation of the pages and services. Digital Portraits cannot guarantee that the use of the website will not be interrupted or error-free. The user agrees that access to the website may sometimes be interrupted or temporarily unavailable.

Users use the website at their own risk.

Digital Portraits is in no way responsible for damage that the user may suffer by using the website. The authors and other natural or legal persons involved in the creation, production, and distribution of the website are not responsible for any damage caused as a result of using or the inability to use it.

Digital Portraits reserves the right to disable access to the website to users in case of an assessment that it is being used in an inappropriate manner. Digital Portraits reserves the right to refuse access to the website to anyone, based on its own assessments. The user undertakes to use the website in a way that does not jeopardize resources and services as a whole. Inappropriate use of the website is prohibited and results in the termination of access to it.

The user is obliged to keep their user account data secret and is fully responsible for all damage caused by unauthorized use of their user account.
Digital Portraits reserves the right to change or supplement the General Terms and Conditions at any time. Changes take effect on the day of publication on the website. Continued access to the website or use of any part of its content will be considered consent to the changed or supplemented General Terms and Conditions. Digital Portraits advises periodic checking of the General Terms and Conditions to become familiar with any changes.

Digital Portraits reserves the right at any time and without prior notice to change, supplement, or discontinue any part of its business, which includes the website, i.e., any part of it, services, subpages, or services provided through them. This right includes, but is not limited to, changing the time of content availability, availability of new data, transmission methods, as well as the right to access or use the website.

It is the duty and obligation of the user to use the website in accordance with positive regulations and general moral and ethical principles. Digital Portraits has the right to control the content of the website at any time to ensure compliance with the General Terms and Conditions and positive regulations. Changes to the General Terms and Conditions are valid immediately upon publication on the website.

RETURN AND COMPLAINT TERMS

Digital Portraits (hereinafter: seller) is liable for material defects of the product until the moment of transfer of risk to the buyer (the moment of handing over the item into the possession of the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether they were aware of the material defect. Also, they are liable for those material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed before that. It is presumed that a defect that appeared within six months from the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the thing or the nature of the defect.

A defect exists:
if the thing does not have the necessary properties for its regular use or for trade, if the thing does not have the necessary properties for the special use for which the buyer is acquiring it, and which was known to the seller or must have been known to them, if the thing does not have the properties and characteristics that were expressly or tacitly agreed upon, i.e., prescribed, when the seller handed over a thing that is not equal to the sample or model, unless the sample or model was shown only for information, if the thing does not have the properties that otherwise exist in other things of the same type and which the buyer could reasonably expect according to the nature of the thing, especially taking into account public statements of the seller, manufacturer, and their representatives about the properties of the thing (advertisements, labeling of the thing, etc.).

The consumer is obliged to notify the seller of the existence of visible defects within two months from the day they discovered the defect, and at the latest within two years from the transfer of risk to the consumer.

When, after the receipt of the item by the buyer, it turns out that the item has a defect that could not be discovered by a normal inspection upon taking over the item, the buyer is obliged, under penalty of loss of rights, to notify the seller of that defect within two months counting from the day they discovered the defect.
The seller is not liable for defects that appear after two years have passed since the handover of the item. The rights of the buyer who has timely notified the seller of the existence of a defect expire after the expiration of two years, counting from the day of sending the notification to the seller, unless the buyer was prevented from exercising them by the seller's fraud.
If the existence of a material defect is established, the seller may have one of the following obligations, all in accordance with the rules of the Obligations Act:
removal of the defect, handover of another product without a defect, price reduction, termination of the contract. Rights based on a material defect in the thing are regulated by the Obligations Act.
When the buyer is a legal entity, the rules on material defects prescribed by the Obligations Act apply to them, especially in the part where the material defect for legal entities is regulated differently than stated here in the General Terms and Conditions, then the Obligations Act applies.

RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT

The consumer may unilaterally terminate the contract within 14 days without stating a reason. The 14-day period begins to run from the day when the product was handed over into the possession of the consumer or a third party designated by the consumer, who is not the carrier.

If the consumer orders multiple pieces of products in one order that are to be delivered separately, i.e., if it is goods delivered in multiple pieces or multiple shipments, the 14-day period begins to run from the day when the last piece or the last shipment of the product was handed over into the possession of the consumer or a third party designated by the consumer, who is not the carrier.

If regular delivery of goods over a certain period is agreed upon, the 14-day period begins to run from the day when the first piece or the first shipment of the product was handed over into the possession of the consumer or a third party designated by the consumer, who is not the carrier.

If the consumer is not informed about the right to terminate the contract, the consumer's right to unilateral termination of the contract expires after 12 months from the expiration of the 14-day period.
If the seller has delivered a notification to the consumer about the right to terminate the contract within 12 months, the right to unilateral termination of the contract expires after the expiration of 14 days from when the consumer received that notification.

In order for the consumer to exercise the right to unilateral termination of the contract, they must notify the seller of their decision to unilaterally terminate the contract before the expiration of the 14-day period by an unequivocal statement sent by mail to the address Digital Portraits, 204. vukovarske brigade 79, 32000, Vukovar, Croatia, or by e-mail to info@digitalportraits.shop, in which they will state their name and surname, address, phone number, fax number, or e-mail address, and the consumer may, at their own choice, also use the example form for unilateral termination of the contract attached below.

The consumer can fill out a copy of the form for unilateral termination of the contract electronically by clicking on the online form for unilateral termination of the contract or download it in pdf version.
The seller will deliver confirmation of receipt of the statement on unilateral termination of the contract to the consumer without delay, by e-mail. In case of contract termination, each party is obliged to return to the other party what they received on the basis of the contract. Except when the seller has offered to take over the goods that the consumer is returning themselves, the seller must make a refund of the paid amount only after the goods have been returned to them, i.e., after the consumer provides proof that they have sent the goods back to the seller, if the seller would be notified of this before receiving the goods.

The seller is not obliged to refund additional costs that are the result of the consumer's explicit choice of a type of transport that is different from the cheapest type of standard transport offered by the seller. The seller must make a refund of the paid amount using the same means of payment used by the consumer during payment, unless the consumer explicitly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such a refund.

Except when the seller has offered to take over the goods that the consumer is returning themselves, the consumer must return the goods without delay, and at the latest within 14 days from when they notified the seller of their decision to terminate the contract. It is considered that the consumer has fulfilled their obligation to return the goods on time if they send the goods or hand them over to the seller, i.e., to a person authorized by the seller to receive the goods, before the expiration of the deadline.

The consumer is obliged to bear all direct costs of returning the product themselves. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods, except for that which was necessary to determine the nature, characteristics, and functionality of the product.

In order to determine the nature, characteristics, and functionality of the goods, the consumer may handle and inspect the goods exclusively in the manner that is usual when purchasing goods on the seller's premises. In the period in which the consumer exercises the right of return, they must keep the goods with due care, i.e., they must behave as a particularly careful and conscientious person. In case of a reduction in the value of the product resulting from handling the product, the seller will collect from the amount of the received purchase price in proportion to the reduction in the value of the goods according to their own assessment, taking into account the objective criteria of each individual case.

To facilitate the drafting of a written contract termination for the consumer, an informative form for unilateral contract termination is provided below, which they can fill out and send to the seller's address Digital Portraits, 204. vukovarske brigade 79, 32000, Vukovar, Croatia, or via e-mail to the e-mail address info@digitalportraits.shop.

Right to unilateral termination of the contract

In accordance with applicable regulations, the consumer does not have the right to unilateral termination of the contract when the subject of the contract is goods made according to the consumer's specification or clearly adapted to the consumer. This applies exclusively to personalized canvas pictures that are made to order, according to photographs and special requests of the buyer.

For canvas pictures that are not personalized, the consumer exercises the right to unilateral termination of the contract in accordance with applicable legal regulations.
The provisions of these General Terms and Conditions regarding the right to unilateral termination of the contract do not apply to buyers who are legal entities, but rather the provisions of the Obligations Act and the Electronic Commerce Act apply to them.

Special return and complaint terms for personalized products

In accordance with the Consumer Protection Act, the consumer does not have the right to unilateral termination of a distance contract if the subject of the contract is a product made according to the consumer's specification or clearly personalized.

Since our products (e.g., personalized portraits) are made exclusively according to the order and wishes of the buyer, a full refund is not possible after the digital version has been created and delivered to the buyer for review.

Before final production and printing, a digital preview is delivered to the buyer for review. The buyer has the right to request one minor correction (for example: adjustment of the background color, or some other corrections on people/pets, etc.) within 2 working days from the receipt of the digital preview.

Each additional change that involves replacing one or more people in the picture is charged an additional €10 per person. The production time for such changes is 2 to 3 working days from the receipt of confirmation and payment of the additional amount.

If the buyer does not provide feedback within that period, it will be considered that the preview has been approved, and further changes and refunds are not possible.

If the buyer expresses dissatisfaction with the final result after receiving the digital preview, but the product has been made in accordance with the agreed technical and stylistic specifications and possibilities, we offer the possibility of a partial refund in the amount of 70% of the paid price, on the condition that they explicitly waive further production and printing of the product.

This option is valid exclusively before the printing and delivery of the physical product.

The buyer has the right to a complaint, when they take over the created picture, in the following cases:

• if the final product significantly deviates from the agreed specifications (e.g., wrong number of people, wrong dimension, inappropriate style),
• if the product was damaged during delivery (with the mandatory sending of photos of the package and damage within 24 hours),
• if the wrong product was delivered.

In case of a justified complaint, we will offer the buyer:

• production of a new product without additional costs, or
• refund (partial or full, depending on the circumstances).

For all questions, complaints, or additional information, you can contact us via e-mail: info@digitalportraits.shop

NOTICE ON THE METHOD OF WRITTEN CONSUMER COMPLAINT

All complaints in accordance with Article 10 of the Consumer Protection Act, the consumer can send by mail to the address Digital Portraits, 204. vukovarske brigade 79, 32000, Vukovar, Croatia, or by e-mail to the e-mail address info@digitalportraits.shop.

Digital Portraits must provide an answer to the consumer's complaint in writing no later than 15 days from the day of receipt of the complaint.

In the event of a possible dispute, Digital Portraits and the consumer will resolve the dispute amicably, and if not possible, the Municipal Civil Court in Vukovar is competent, with the application of Croatian law. Dispute resolution is possible before the Court of Honor of the Croatian Chamber of Economy or other mediation centers. Consumer disputes can be resolved via the European Commission's ODR platform.
If the consumer accepts the General Terms and Conditions, they also accept all other conditions stated on the website www.digitalportraits.com, as well as all other provisions stated on that website. If the consumer does not agree with any part of the pre-contractual information or the General Terms and Conditions, they are requested not to use the website www.digitalportraits.com and not to enter into a sales contract.
Digital Portraits reserves the right to change these General Terms and Conditions and rules without prior notice. The General Terms and Conditions are in accordance with the laws of the Republic of Croatia.
If the buyer is a legal entity, the rules on consumer protection prescribed by the Consumer Protection Act do not apply to them. The rules on written consumer complaints do not apply to legal entities, to whom the Obligations Act and the Electronic Commerce Act apply.