General Terms and Conditions
PROMO LOGISTIKA LLC
HEADQUARTERS: Slavonska avenija 22/E, 10000 Zagreb
JURISDICTION: Trgovački sud u Zagrebu, MBS: 080561435, OIB: 11815688677
CAPITAL STOCK: 20.000,00 kuna, uplaćen o cijelosti
MEMBERS OF THE COMPANY: Zoran Biškupić
GIRO ACCOUNT: 2360000-1101897935 kod Zagrebačka banka d.d.; SWIFT: ZABAHR2X
Meaning of Certain Terms:
Executor - the company Promo logistika LLC, service provider
Client - a natural or legal person for whom the service will be performed, the purchaser
Service - At the Client's request, the Executor may perform the following services: technical support for events and weddings, equipment rental (lighting, audio, video, event), development of scenographic solutions, logistics (storage, transport, manipulation, and distribution).
These General Terms and Conditions (hereinafter: the Terms) are accepted by all users (hereinafter: the Client) of the services provided by the company Promo logistika LLC (hereinafter the Executor) by accepting the Executor's offer by the Client as well as by concluding a service contract between the Executor and the Client. The Executor reserves the right to supplement, delete, and amend the provisions of these Terms at any time, without prior notice. Terms of payment are published (amended) on the website of the Executor (www.promologistika.hr). The conditions apply independently as in a special contract signed with the Client.
The Subject of These General Terms and Conditions is:
Technical support services for events and weddings, equipment rental (lighting, audio, video, event), production of scenographic solutions, logistics (storage, transport, manipulation, and distribution). All other services performed by the Executor for the Client, for which the Executor has a registered business at the competent commercial court, and which the Executor may provide to the Client with the appropriate condition (hereinafter, all together: Services).
These General Terms and Conditions refer to the Executor's offer (hereinafter: the Offer), and the contractual relation that arises with accepting the Offer by the Client, as well as to the contracts that the Executor concludes with the Client (hereinafter: the contracts), compiling parts of the occurred contractual relations.
ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
The Executor shall submit the Offer to the Client, with all information on the service and marked prices expressed in HRK including VAT. Upon acceptance of the Offer, a Contractual Relationship is being formed. Upon the formation of the Contractual Relationship, these Terms and Conditions shall begin to apply.
In addition to the Contractual Relationship with the Client arising from the acceptance of the Offer, the Contractor may enter into a written Business Cooperation Agreement or Service Agreement with the Client, and the provisions of these General Terms and Conditions shall also apply to such agreements.
In the event of a conflict between these General Terms and Conditions and the provisions of the concluded contracts, its annexes or any other statements on any other document, these General Terms and Conditions shall apply.
When submitting the Offer, i.e. signing the Agreement, the Client is acquainted with the text of these Terms, and it implies that the Client has fully understood the Terms, and fully accepts them.
The General Terms and Conditions are available on the Executor's website (www.promologistika.hr).
DATA PROTECTION AND CONFIDENTIAL INFORMATION
The Executor undertakes to treat all data related to the Client and his business, which were acquired during the realization of this Agreement, as a business secret for the duration of this Agreement, as well as for unlimited time after its termination.
The Executor shall use the personal data submitted by the Client exclusively in the manner and for the purpose specified in the Agreement with the Client. The Executor will use the Client's personal data for the purpose of identification, communication, information, and fulfillment of his legal obligations. The Executor shall not make the Client's data available to third parties in any way.
The Executor is not responsible for any personal data breach by the Client, compensation for damage to a third party due to the personal data breach is borne exclusively by the Client.
PRICE AND TERMS OF PAYMENT FOR SERVICES
The Executor determines that the prices for the services will be formed in accordance with the pre-accepted offer.
For services and jobs not covered by the offer, which the Executor will perform for the Client based on the previously written request of the Client, the prices will be agreed separately for each individual job.
The Executor shall issue an electronic invoice to the Client for the Services used by the Client, with the specification of the Services and an indication of the due date by which the Client is obliged to settle the invoice. The payment of the invoice is due within 30 days from the date issued. If an advance payment has been agreed with the Client for the performance of a certain work, the Contractor is not obliged to start providing the service or work performance until the advance payment is visible on the Contractor's bank account.
The Executor delivers all invoices to the Client by e-mail to the official address of the Client, who is obliged to ensure the accuracy and availability of the e-mail address.
RESPONSIBILITY OF THE EXECUTOR
The Executor undertakes to provide services, professionally, with quality and conscientiously, in accordance with the rules of the profession and the care of a prudent businessman.
The Client agrees that no warranties are offered regarding the progress of the works, the timetable, the execution deadlines, or any other time-sensitive arrangements.
The Executor shall not be liable for damage of any kind caused due to technical disturbances during the use of the Executor's services or due to any other reasons for damage, except for damage caused by the Executor's intent or gross negligence of the Executor. The Executor is not responsible for problems with electricity and faulty electrical connections that are not part of his equipment, and for events that have the characteristic of force majeure.
The Contracting Parties shall not be liable for non-performance of any obligation under the Contractual Relationship if the inability to perform is the result of force majeure - an event beyond the control of the Contracting Parties and independent of their will, which directly affects the performance of obligations determined in the Contract, and whose occurrence is not the result of the negligence of any Contracting Party.
A Contracting Party affected by a force majeure event shall immediately, and within 48 hours, notify the other Contracting Party in written form, indicating the sample and the relevant evidence of the existence of force majeure.
RESPONSIBILITY OF THE CLIENT
The Client is required to use the Services of the Executor responsibly.
During the use of the Contractor's Service, the Client is obliged to guard, i.e. organize the guarding of the rented equipment from intentional damage, theft and other actions that could cause damage to the rented equipment.
If the Client independently takes over the leased equipment of the Contractor, he is obliged to take it over and return it in the same condition and number, all on the basis of a mutually signed document on pick up and returning of the equipment.
The client is obliged to ensure timely and unobstructed access to the installation site, as well as a sufficient number of correct and appropriate electrical connections at the location where the services of the Contractor are being performed.
The Client agrees to the usage of the performed Service by the Executor in his own references for the purpose of promoting his own services.
TERMINATION OF THE CONTRACTUAL RELATIONSHIP AND CANCELLATION
As a rule, the contractual relationship is concluded for a definite period with the duration defined by the Offer, which by acceptance leads to the emergence of a contractual relationship, i.e. the contract.
The Contracting Parties may terminate the Contract by sending the cancellation of the Contract to the other Contracting Party in the written form, either by registered mail to the address of the Contracting Parties, or by e-mail to the Executor's address email@example.com and the Client's address.
By canceling the Service, the Executor does not refund the advance payment and reserves the right to charge the hours spent in providing services/ work, and in accordance with the price of hours required for service/ work agreed upon acceptance of the Offer or conclusion of the contract.
If the Client does not settle the due obligations in paying the monthly installments on the basis of the invoice issued for the provided service within 30 days, the Contractor has the right to suspend any further fulfillment of its obligations from the business relationship without special written notice to the Client.
The Executor reserves the right to refuse or terminate the provision of further services, if deemed as necessary. In that case, the whole amount paid for the provision of the service, reduced by the costs occurred until that moment and the compensation due for the provided service, are being returned to the Client's account. The Contractor may cancel the Service for any reason deemed justified, including poor cooperation with the Client, and delays in the delivery of materials to the Contractor beyond reasonable time limits.
JURISDICTION OF THE COURT
The Contracting Parties agree that they will try to resolve all possible disputes amicably, and in case of impossibility of an amicable agreement, they agree that the dispute will be resolved at the competent court in Zagreb, applying Croatian law that Client has accepted as authoritative by accepting the Offer or concluding a contractual relationship with the Contractor.
The Terms form the entire agreement between the Contracting Parties. Any statements, beliefs, promises, and conditions not outlined in the Terms will not be construed (in any way) to challenge, alter, or affect the Terms of the contractual relationship.
The Terms replace all previous oral, electronic, or written agreements between the Contracting Parties, except for certain Services that are specifically agreed in the written Agreement.
The Client confirms that the Executor acquainted him with all useful information related to the Services he provides before concluding the contractual relationship.