Article 1.

In these terms of sale, the Seller is the company Pro – nautika d.o.o., Šibice, Zagrebačka ulica 81, OIB: 55461709680, and the Buyer is any legal or natural person who buys vessels or other equipment and / or uses the services sold or provided by the Seller.

Article 2.

A contract is an agreement on the purchase and sale of items and / or the provision of services that the Seller sells / provides, concluded through an offer by the Seller that the Buyer accepts, orally or in writing. The Contract is considered concluded acceptance of the Seller’s offer by the Buyer. By accepting the offer, the Buyer accepts these General Terms and Conditions of the Seller, which the Buyer will confirm with his signature on the Seller’s account.

Article 3.

The Seller’s offer is a written proposal for an offer to sell goods (vessels and other equipment) or provide services, including an offer made electronically, sent to a specific legal or natural person that contains all the essential components of the Agreement. The Seller is not bound by its offer and excludes its obligation to maintain the offer, unless otherwise stated in the offer submitted to the Buyer.

Article 4.

All offers made to Customers will be in accordance with these General Terms and Conditions.

Article 5.

The seller may indicate in the offer the deadline within which he is bound by his offer. In that case, the Seller is bound by the offer only until the expiration of the period specified in the offer. If the Seller has not stated the validity period of the offer in the offer, in that case the Seller is not bound by his offer and excludes the obligation to maintain the offer.

Article 6.

The purchase prices stated in the offer are valid only for those goods and for those services that are the subject of the offer and only within the period within which the Seller is bound by the offer in terms of Article 5 of these General Terms and Conditions.

Article 7.

The Seller may charge a price higher than stated in the offer, if the costs of the Seller in the delivery and / or delivery of goods to the Buyer for any reason increase, or when the delivery and / or delivery of goods changes or is delayed due to the Buyer’s fault. happened to the Buyer. In these cases, the price is increased by the actual higher costs incurred by the Seller.

Article 8.

Delivery consists of the delivery of goods or an attempt to deliver the goods to the agreed delivery address made by the Seller. In the event that the Buyer comes for the goods to the Seller, the delivery is considered completed by the acceptance of the goods by the Buyer or his authorized representative / supplier. When the place of delivery and delivery is not determined by the contract, the goods are delivered at the place where the Seller has its registered office at the time of concluding the contract.

Article 9.

Delivery deadlines are approximate, except in the case of a written confirmation from the Seller of acceptance of a fixed delivery date. The seller is not responsible for the delay if it occurred due to a cause or incident that happened to him (force majeure) and which he could not influence.

Article 10.

By delivering the goods to the Buyer, the risk of accidental loss or damage to the goods passes to the Buyer. If the delivery of goods is not made due to a cause or incident that occurred to the Seller through no fault of his and / or could not be affected or in case of delay of the Buyer for any reason, the risk passes to the Buyer at the time of delivery.

Article 11.

If the Buyer has caused a delay in the arrival of the goods or a delay in the delivery of the goods by his act, omission or incident that occurred to him, the Seller may terminate the contract without any liability to the Buyer.

Article 12.

The Buyer is obliged to pay the purchase price at the time, place and in the manner determined by the issued invoice, concluded by the Agreement or these General Terms and Conditions.

Article 13.

The Seller has the right to charge and charge the Buyer default interest on all due and unpaid amounts on the invoice / s, current from the due date of each individual amount until payment, with default interest at the rate determined for each semester by increasing the average interest rate to balances of loans granted for a period longer than one year to non-financial companies calculated for the reference period preceding the current half-year by 5 (five) percentage points (for buyers of legal entities) and 3 (three) percentage points (for buyers of natural persons).

Article 14.

The Buyer has no right to refuse to pay the purchase price at the time of its maturity due to any defect in the goods, because the Buyer is in arrears and the Seller is authorized to charge him the amount of principal and charge default interest. The buyer is obliged to pay the purchase price in full on the due date in accordance with the issued invoice, contract and these General Terms and Conditions and has no right to reduce the purchase price for compensation, possible counterclaim or for any other reason.

Article 15.

The Seller has the right to postpone the delivery of goods or services and / or cancel the contract and any other legal transaction concluded with the Buyer without any obligation of the Seller to the Buyer, in case the Buyer does not pay the purchase price on the due date indicated in the invoice.

Article 16.

The Seller has the right to file a lawsuit for the payment of the purchase price or part thereof, regardless of whether the ownership of the goods has passed to the Buyer.

Article 17.

Roba koja je predmet ugovora o kupoprodaji ostaje vlasništvo Prodavatelja sve do potpune isplate kupoprodajne cijene i zateznih kamata u slučaju kašnjenja s plaćanjem. Ukoliko se roba nalazi kod Kupca od trenutka izvršene The goods that are the subject of the contract of sale remain the property of the Seller until the full payment of the purchase price and default interest in case of late payment. If the goods are with the Buyer from the moment of delivery, the Buyer is responsible for accidental damage or damage to the goods, and if the goods are stored, during the retention of title, the goods must be kept separate from other goods and clearly indicate that the goods are the Seller’s property.

Article 18.

The Buyer is obliged to inform the Seller without delay of any damage to the goods, as well as any enforcement, insurance, bankruptcy, etc., which should be carried out on the goods or may affect the retention of ownership of the Seller, because otherwise he is obliged To compensate the seller for any damage caused to him.

Article 19.

The Seller may terminate the contract at any time by written notice to the Buyer, which may be in electronic form, in the event that the Buyer fails to fulfill obligations under the invoice, the contract and these General Terms and Conditions, nor does it do so within seven days of receipt. additional written request of the Seller, which may be in electronic form.

Article 20.

The Seller may terminate the contract at any time by written notice to the Buyer, which may be in electronic form, in the event that the Buyer is initiated bankruptcy or liquidation or there is a real danger that the Buyer will not be able to fulfill obligations under the contract and these General Terms and Conditions.

Article 21.

The Seller’s liability for material defects of used and exhibited products is excluded, except for material defects that appear on parts of the vessel (equipment) for which parts the Seller has issued a warranty to the Buyer within the period in which the warranty is valid.

The seller sells second-hand goods according to the seen-bought system.

Prior to the delivery of a used vessel, the Seller is obliged to provide the Buyer with a test drive on the vessel he is purchasing, as well as to inspect / inspect the entire vessel with all its parts and devices. In the event that the Buyer refuses a test drive and delivery of the vessel by the Seller and takes over the vessel at the address of the Seller, in order for the issued guarantee to be a valid vessel, an authorized repairer should be put into use. The same is confirmed by the appropriate confirmation of the repairer (signature and seal) on the form issued by the Seller, and returned to the Seller in the required form and content within 15 days of handover.

If the Buyer takes over the vessel at the Seller’s address and acts contrary to the previous provision of these General Terms and Conditions, he has no right to the issued guarantee, which thus becomes invalid, and at the same time waives the right to claim any compensation for material defects.

In the event that defects or defects on the vessel are noticed during the test drive of such a nature that the vessel is not navigable or cannot be used for its intended purpose, the Seller is obliged to eliminate the defect at its own expense before delivery to the Buyer, and no later than 14 days. a fault has been observed.

Article 22.

The Seller does not guarantee the correctness of the parts of the vessel covered by the warranty, if the vessel / equipment is maintained or used contrary to the instructions of the Seller or the manufacturer or if the defect arises from accident or negligent attitude of the Buyer towards the vessel / equipment, if the vessel / equipment is changed or if the vessel / equipment has been repaired by any person other than the Seller or if it has been improperly serviced or the defect arises from any cause or circumstance beyond the control and influence of the Seller.

Article 23.

The Seller is not responsible for a defect / damage / defect of the product when the Buyer was aware of the defect at the time of purchase and nevertheless purchased the vessel / equipment whether it is a commercial or consumer contract.

In the case of the sale of a used vessel, regardless of whether it is a commercial or consumer contract, the Buyer is obliged to inspect the used vessel in the usual way before the purchase.

In the case of the purchase of a used vessel, the Buyer confirms by accepting the offer that he has inspected the used vessel and that he is aware that it is a used vessel of reduced functionality and quality compared to the new vessel.

In the case of the purchase of a used vessel, the Buyer confirms by accepting the offer that he understands and accepts the warning from the Seller that the shelf life and quality of such a vessel is reduced compared to the new vessel.

In the case of the purchase of a used vessel, by accepting the offer, the Buyer confirms that he assumes the risk of possible investments in the used vessel caused by the fact that it is not new.

In the case of the purchase of a used vessel, the buyer waives any claims in the name of material defects of such goods, except for defects in parts of the vessel covered by the issued guarantee, within the period for which the guarantee was issued.

The seller is not responsible for defects hidden or visible on the consumables that are subject to wear and tear due to the use or normal wear and tear through the use of the goods, when the subject of sale is a used vessel. By accepting the offer, the buyer waives any claims in the name of defects in consumables.

Article 24.

When selling used vessels, the Seller gives a warranty exclusively on the engine block with heads and crankshaft for a period of six (6) months or _______ working hours (counting from the handover of the vessel), depending on which condition is first met.

The warranty does not apply to aggregates and consumable / service parts on the engine. The effects of erosion, corrosion and normal wear and tear are specifically excluded from the warranty.

Within the warranty period, the Buyer is obliged to inspect the engine and regularly service the engine on the used vessel, which is the subject of the sale, at least once (during the first three months of the warranty) at his own expense. In the event that the Buyer fails to perform the specified engine inspection within the warranty period and regular service, the warranty ceases to be valid.

The Seller reserves the right to carry out general repairs of the engine block in case of failure, if necessary, with the costs of removal and installation of the engine by the Buyer.

Poor maintenance, non-use of parts obtained from the Seller or improper use of the vessel invalidates the Seller’s warranty.

The customer loses the right to claim under the warranty in case of overheating of the engine, in case the engine was not sufficient oil level, sufficient coolant level, in case the engine does not have adequate cooling water flow due to clogged engine intake and damaged impeller, in case of immersion vessels and engines, in case of engine and vessel overload, as well as in case of breakdown.

The warranty is given only to the first Buyer and is not transferred to the second or each subsequent Buyer without the written consent of the Seller.

The Buyer is obliged to inform the Seller about the defect / problem no later than seven days from the occurrence of the problem in writing. Any claims under the warranty issued must be filed as soon as a defect is noticed. The Seller has the right to request from the Buyer the return of the advertised engine.

The Buyer is obliged to deliver the vessel or engine block or engine to the Seller’s service at his own expense. The seller is authorized in its service to determine and eliminate any defect covered by the warranty. In the event that the Buyer has repaired the defect with another repairer within the warranty period, without the written consent of the Seller, the Buyer loses the right to warranty and the Seller is not obliged to reimburse the costs of such repair.

In the event that at the request of the Buyer under the warranty, the Seller during the inspection of the engine or vessel finds that the defect or complaint is not covered by the warranty terms of these General Terms, the Buyer is obliged to bear the costs of the inspection including all material costs the inspection is performed outside the Seller’s registered office.

Any request by the Buyer under the warranty or non-fulfillment of this request by the Seller does not authorize the Buyer in any way to postpone or change the terms of payment.

Article 25.

The law of the Republic of Croatia applies to all contractual relations between the Seller and the Buyer, and all disputes arising from or in connection with the issued invoice, contract and these general terms and conditions are subject to the competent court according to the Seller’s registered office.

PRO-NAUTIKA d.o.o. represented by Nenad Đurđević (Director), Damir Đurđević (Director)

Obavijesti o načinu podnošenja pisanog prigovora potrošača, PRO-NAUTIKA doo.doc