Terms of Use

Terms of business and use of the Mobia online store

These Terms of Use are part of the Seller’s obligations in accordance with the provisions of the Consumer Protection Act and serve to ensure that, before concluding a distance contract, the Buyer is informed clearly and understandably about a number of circumstances important for the conclusion, execution, and termination of the contract, all in accordance with legal regulations. These Terms of Use also represent a pre-contractual notice as regulated by the Consumer Protection Act.

The conclusion of a sales contract through the website www.mobia.hr constitutes the conclusion of a distance contract. Means of distance communication are all means that can be used for concluding a distance contract without the simultaneous physical presence of the trader and the consumer, such as the internet and electronic mail.

The conclusion of a sales contract through the website www.mobia.hr is regulated in accordance with legal provisions, taking into account in particular the principles and provisions of European Union directives and regulations. 

Legal entities as buyers are subject to the application of the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them.

The sections of these Terms of Use regarding material defects of Products, complaints, and the right of unilateral termination do not apply to legal entities as buyers. In such cases, the relevant provisions of the Civil Obligations Act and the Electronic Commerce Act apply. The Seller may, at its discretion, grant a legal entity the rights available to a consumer buyer in each specific case.

Basic information about the seller

• Name: In Mobile Accessories d.o.o., a limited liability company for trade and services.
• Headquarters: Popovićev put 2c, Matulji 51211.
• The company is registered in the Commercial Court Register in Rijeka.
• Share capital in the amount of 20,000.00 kuna / 2,654.46 euros has been fully paid.
• Poslovna banka i broj žiro računa:
• PDV ID: HR82182748083
• MBS: 040352939
• OIB: 82182748083
• Osoba ovlaštena za zastupanje: Aleks Brnabić i Helena Kohari. 
  
• Broj telefona: +385 51 321 321
• Email address: aleks.brnabic@gmail.com

Meaning of specific terms

Terms of Use  - general Terms of Business and Use of the Mobia online store;

Seller – the company IN MOBILE ACCESSORIES d.o.o., Popovićev put 2c, 51211 Matulji;

Web stranica - https://www.mobia.hr which is owned by the Seller;

Buyer – refers to a natural person (consumer) who, outside of any business activity, has registered their information and ordered and paid for any product through the services of the online store available on the Seller’s website; 

User – any person who uses the website;

Online purchase – refers to the purchase of products through the website;

Products – all products displayed on the web the website, and which can be purchased through the online store;

Contract – distance sales contract;

Moment of Contract Conclusion – The Contract between the Seller and the Buyer is concluded at the moment when the Seller confirms the order (the Buyer receives an electronic notification about the confirmed order status);

Special offer – an offer of certain products at a price lower than the regular retail price of that product;

Language – in web the website uses the Croatian language and Latin script for communication.

General information

1. These Terms of Use also represent a pre-contractual notice when the Contract is concluded by the Buyer, and if the Contract is concluded between the trader and the consumer within an organized system of sale or provision of services without the simultaneous physical presence of the trader and the consumer in one place, whereby one or more means of remote communication are used exclusively until the moment of conclusion of the Contract and for its conclusion.
   
   
2. The conclusion of the Contract through the website is regulated in accordance with legal provisions, taking into particular account the principles and provisions of the directives and regulations of the European Union. The conclusion of the contract through the website constitutes a distance contract.
   
   
3. Users are advised to familiarize themselves with the Terms of Use of the website before starting to use it. If they have any additional questions or uncertainties related to the Terms of Use, they may contact us at the email address podrska@mobia.hr. By accessing the website or using any part of its content, the User accepts the Terms of Use of the website as well as all other rules and conditions for using the website and the services provided through it. Users agree not to use the website in any way that could harm the authors or third parties and accept all risks associated with the use of the website and its services. If the User does not agree with the stated terms, they are obliged to stop using the website and the services provided through it.
   
   
4. S) These Terms of Use apply to the rights and obligations related to the purchase of products or services through the Seller’s online store and to the rights and obligations arising from the conclusion of a distance Sales Contract (hereinafter: Contract) between the consumer as the end customer and the Seller’s online store, and are considered an integral part of such contracts with regard to the terms and manner of ordering products, product prices, payment methods, warranties, complaints and returns, delivery, protection of personal data confidentiality, and other matters related to the use of the website and online purchases.
   
   
5. The Terms of Use in force at the time of concluding the Contract shall be valid for the Buyer. By marking the designated field when placing the order, the Buyer shall confirm that they fully understand and accept the Terms of Use. The Terms of Use will be delivered to the Buyer at their email address. In case of any ambiguities in the Terms of Use, the Buyer may contact the Seller.
   
   
6. The Seller reserves the right to amend or supplement the Terms of Use at any time. The changes take effect on the day they are published on the website. Continued access to the website or use of any part of its content shall be deemed acceptance of the amended or supplemented Terms of Use.
   
   
7. Legal entities, craftsmen, and natural persons engaged in business activities as buyers are subject to the provisions of the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These Terms of Use apply to such persons in the parts concerning the main product features, the contract conclusion procedure, product prices, payment methods, product dispatch, product delivery methods, delivery costs, and general information. The Seller may, at their discretion, grant such persons the same rights as those granted to consumers in each specific case.
   
   
8. All rights to the website are owned by the Seller – the company IN MOBILE ACCESSORIES d.o.o., Popovićev put 2c, 51211 Matulji, Croatia, OIB: 82182748083. All data on the mentioned website, as well as product images, logos, graphic and video elements, are protected by the Copyright Act and may not be reproduced or used without the prior written consent of the Seller.
   
   
9. The content of the website is available in the Croatian language. The official language for concluding the Contract is Croatian.
   
   
10. The Seller reserves the right to publish content in English in cases where it concerns product names, parts thereof, or functions in English; expressions in English that are generally accepted in the Croatian language or represent common terminology; and when there is a risk that important information cannot be accurately translated into Croatian without losing its meaning and context.
    
    
11. The Seller enables the use of the website in the best possible way. This includes monitoring server performance, expanding capacity according to the number of Users, providing User support, and resolving any potential errors and system issues. The Seller does not assume responsibility for possible problems in the operation of the website and services. The Seller cannot guarantee that the use of the website will be uninterrupted or error-free. The User agrees that access to the website may occasionally be interrupted or temporarily unavailable.
    
    
12. It is the duty and obligation of the Website User to use the website in accordance with applicable regulations and general moral and ethical principles. The Seller has the right at any time to monitor the content of the website in order to ensure compliance with the Terms of Use and applicable regulations. The Seller reserves the right to deny access to the website to Users if it is determined that the website is being used in an inappropriate manner.
    
    
13. The Buyer can only be an adult with legal capacity. A contract on behalf of and for the account of a minor or a person completely lacking legal capacity may be concluded by their legal representatives or guardians, while persons with partial legal capacity may conclude a Contract only with the consent of their legal representative or guardian. The Seller bears no responsibility for actions contrary to this provision.
    
    
14. Users are required to provide accurate, valid, and complete personal information when filling out the registration form. The Seller is not responsible for any deficiencies or errors that may occur as a result of the User failing to provide accurate, valid, and complete personal information when completing the registration form.

Main product features

1. The Buyer is informed about the main features of the products on the website.
   
   
2. The Seller reserves the right to change information, including product prices and Special offers, on the website without prior notice.
   
   
3. Next to the product image, there is a description of the main features of the product and its price including VAT.
   
   
4. The Seller does not exclude the possibility of errors in displaying product prices or promotional offers and apologizes in advance to customers should this occur. In such a case, the Seller will inform the Buyer about the error and the inability to deliver the product.
   
   
5. Although we take every effort to ensure that the prices listed on the website are correct, errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel the order. If we are unable to contact you, the order will be considered canceled, and any amounts paid will be fully refunded to you.
   
   
6. The Seller shall be released from any liability for damages that may occur to devices enabling access to the website and to data stored on such devices during the use of the website, if such damages result from unlawful actions of third parties, computer viruses, etc., as well as other circumstances for which the Seller is not responsible. The Seller is also released from any liability in the event of circumstances that prevent the use of the website.

Product information

1. Information about the products on the website is taken from product labels, internal instructions, or from materials (brochures, leaflets, websites) prepared by their manufacturer or supplier.
   
   
2. The Seller posts all materials, photos, and text on the website in good faith to make it easier for the Buyer to choose when purchasing. The products are presented descriptively and with photographs, and the information about them is compiled based on the Seller’s database. Product photos are of an illustrative nature and may not always correspond in every detail to the actual products being ordered. The Seller does not guarantee that the product photos fully match the appearance of the actual products, especially considering the Buyer’s monitor settings, color perception differences on screens, and similar factors. In the case of the above-mentioned discrepancy between the product shown in the photo and the delivered product, it shall not be considered a product defect.
   
   
3. Differences between the actual product and the product photograph or description on these pages are possible if the manufacturer changes any of the product’s features or contents. All descriptions are regularly and thoroughly checked. The Seller reserves the right to errors in the product description and images that are provided based on the manufacturer’s information, as described in the previous paragraph.

Product prices

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1. All prices displayed on the website represent the supplier’s recommended retail price for a particular product, and the listed price is equally available to all Buyers.
   
   
2. Product prices and delivery costs are expressed in euros and include the applicable VAT.
   
   
3. There is a possibility that the prices in the physical store may differ from the prices on the website, but all prices listed on the website apply to Online purchases regardless of the possible price of the same product in the store.
   
   
4. All prices on the website are final at the moment of Contract conclusion. From that point on, all prices and other terms are fixed and equally binding for both the Seller and the Buyer.
   
   
5. Product prices do not include delivery costs, which are charged separately, except for orders above a certain amount when delivery is free.
   
   
6. The price and delivery terms are specified under “Delivery”.
   
   
7. Before confirming the order, the product price, delivery cost (if applicable), VAT amount, and the final total price are displayed separately, allowing the Buyer to clearly see the total amount payable for the ordered purchase service. In the case of payment via e-banking or general payment slip, payment and/or interbank transaction fees are not included in the price.
   
   
8. ) The Seller is authorized to change prices without prior notice, as well as to change prices exclusively for products on the website without prior notice. The Seller is also authorized, without prior notice, to set a price lower than the regular one for an individual product, a group of products and/or for all products, as well as for a specific payment method, which includes, among other things, Special offers, clearance sales, seasonal discounts, the sale of defective products, and the sale of products nearing their expiration date. These benefits may apply exclusively to purchases made through the website, which will be indicated to the Buyer before the purchase itself.
   
   
9. The price of the product shall be the one stated at any given time on the website, except in the case of an obvious error.
   
   
10. Although the Seller takes every effort to ensure that the prices listed on the website are correct, errors may occur. If we discover an error in the price of a product ordered by the Buyer, the Seller will inform the Buyer as soon as possible and give the Buyer the option to confirm the order at the correct price or to cancel the order. If the Seller is unable to contact the Buyer, the order will be considered canceled, and any amounts paid will be fully refunded.

Payment

1. The Buyer can pay for purchased products by using payment cards (in a single payment or in installments), bank transfer, or cash on delivery (payment in cash upon receipt of the shipment at the agreed address).
   
   
2. Card payment is considered completed at the moment authorization is received from the card issuer, while bank transfer payment is considered confirmed once the payment is received in the Seller’s giro account.

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Payment Security Statement

1. When paying on the website, the Buyer uses Monri - an advanced system for secure acceptance of payment cards via the Internet. Monri ensures complete confidentiality of card data from the moment it is entered into the Monri payment form. Monri Payments is the leading omnichannel payment provider in the region, specialized in processing card payments, both online and in physical stores.
   
   
2. The Seller never comes into contact with the complete payment card details. In addition, the data is not accessible even to the employees of the Monri system. The isolated core independently transmits and manages sensitive data, keeping it completely secure.
   
   
3. The confidentiality of the Buyer’s data is protected and secured through the use of SSL encryption. Online payment pages are secured using the Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a process of encoding data to prevent unauthorized access during transmission.
   
   
4. This ensures the secure transfer of information and prevents unauthorized access to data during communication between the Buyer’s computer and the Monri service, and vice versa. The merchant does not store credit card numbers, and the numbers are not accessible to unauthorized persons. The Monri Payment Gateway is certified according to the PCI DSS Level 1 security standard prescribed by Visa and Mastercard regulations. 
   

Delivery

1. Products paid for in accordance with the submitted offer will be delivered to the Buyer as soon as possible, and no later than within 10 days from the date of payment, unless otherwise specified at the time of concluding the sales contract.
   
   
2. During order processing, the Buyer receives an email notification about the status of their shipment.
   
   
3. Delivery is carried out by the Seller through an engaged reputable delivery (courier) service.
   
   
4. Standard delivery is made to the entrance of the residential building at the desired address. In the case of an apartment building, the delivery person is not obliged to carry the goods to the floor where the Buyer is located but only to the entrance of the building.
   
   
5. Delivery to the islands is carried out several times a week, except to certain locations where the delivery service does not operate.
   
   
6. During the period of a Special offer, an extended delivery time may be expected.
   
   
7. In the event that the Seller is unable to deliver the purchased product within the specified period, the Seller shall inform the Buyer in order to agree on a new delivery period. In this case, the Buyer also has the right to terminate the Contract.
   
   
8. The products will be packaged for shipping in such a way that they cannot be damaged through normal handling during transport. 
   
   
9. Upon delivery, together with the purchased product, the Buyer receives all documents accompanying the product (user manual, warranty card for products under warranty), an invoice, and a delivery receipt that must be signed. By signing upon receipt, the Buyer confirms that the package (or packages) has been received in undamaged condition. Once the Buyer has taken possession of the package, the delivery service is not responsible for any complaints, damages, or reduction of the package contents, except with proof that the damage did not occur after delivery.
   
   
10. If the shipment is damaged during transport, such damage is visible upon receipt of the shipment. In that case, the Seller kindly asks the Buyer not to accept the shipment. The Buyer is advised to contact the Seller so that the Seller can check the condition of the shipment as soon as possible and send a new one to the Buyer.
    
    
11. In cases where the Buyer has been delivered a product different from the one purchased, the Buyer has the right to receive the ordered product, and if that is not possible, the Buyer is entitled to a refund of the amount paid for the product, the delivery cost, and compensation for the return shipping cost, and is obliged to return the incorrectly delivered product.
    
    
12. Delivery is carried out only within the territory of the Republic of Croatia.
    
    
13. Delivery for all orders over €50 purchased through the website is free of charge throughout Croatia.
     
14. The delivery cost for orders under €50 purchased through the website is €5. 
    
    
15. In the event that delivery cannot be successfully made to the address provided by the Buyer, the Buyer shall bear the cost of re-delivery to the same or another address, depending on the information the Buyer provides to the Seller during the delivery verification of the order.
    
    
16. The goods are insured against loss during delivery.

Material defects

A defect exists:

• if the item does not correspond to the description, type, quantity, and quality, or lacks functionality, compatibility, interoperability, and other features as specified,
  
  
• if the item is not suitable for any particular purpose required by the Buyer and made known to the Seller no later than at the time of the conclusion of the Contract, and for which the Seller has given consent,
  
  
• if the item has not been delivered with all accessories and instructions, including installation instructions, as specified in the Contract, or
  
  
• if the item has not been delivered with updates as stipulated in the Contract,
  
  
• if the item is not suitable for use for the purposes for which goods of the same type are usually used, taking into account all regulations of the European Union and the regulations of the Republic of Croatia, technical standards or, if such technical standards do not exist, applicable codes of conduct in the relevant field, if they exist,
  
  
• if the item does not correspond to the quality and description of the sample or model made available to the Buyer by the Seller before the conclusion of the Contract,
  
  
• if the item is not delivered with accessories, including packaging, installation instructions, or other manuals that the Buyer may reasonably expect to receive,
  
  
• if the item does not correspond to the quantity or lacks the properties and other characteristics, including those relating to durability, functionality, compatibility and safety, which are common for goods of the same type and which the Buyer may reasonably expect considering the nature of the item and taking into account all public statements made by the Seller or other persons in previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling,
  
  
• if the item has been improperly installed or assembled, and the installation or assembly service forms part of the Contract and was carried out by the Seller or a person for whom the Seller is responsible, or
  
  
• if the item intended to be installed or assembled by the Buyer has been improperly installed or assembled by the Buyer, and the improper installation or assembly is due to deficiencies in the instructions provided by the Seller or, in the case of goods with digital elements, by the Seller or the supplier of the digital content or digital service.

1. The Seller is liable for material defects of the product until the moment the risk passes to the Buyer (the moment the item is handed over to the Buyer or a third party designated by the Buyer, who is not the carrier), regardless of whether the Seller was aware of the material defect.
   
   
2. The Seller is also liable for material defects that appear after the transfer of risk to the Buyer if they result from a cause that existed beforehand.
   
   
3. It is presumed that a defect which appears within one year from the transfer of risk to the Buyer existed at the time of the transfer of risk, unless the Seller proves otherwise or it arises otherwise from the nature of the goods or the nature of the defect.
   
   
4. The Buyer is obliged to notify the Seller of the existence of defects within two months from the day the defect was discovered, and no later than within two years from the transfer of risk to the Buyer.
   
   
5. The Seller is not liable for defects that appear after two years from the delivery of the goods. The rights of the Buyer who has timely informed the Seller of the existence of a defect expire after two years from the date the notification was sent to the Seller, unless the Buyer was prevented from exercising them due to the Seller’s fraud.
   
   
6. If a material defect is determined, the Seller may be obliged to eliminate the defect, deliver another product without defects, reduce the price, or terminate the Contract, all in accordance with the provisions of the Civil Obligations Act.
   
   
7. The Buyer may terminate the Contract only if they have previously granted the Seller an additional reasonable period to fulfill the Contract.
   
   
8. The Buyer may terminate the Contract without granting an additional period if, after being notified of the defects, the Seller has stated that they will not fulfill the Contract, or if, based on the circumstances of the specific case, it is evident that the Seller will not be able to fulfill the Contract even within the additional period, as well as in cases where the Buyer cannot achieve the purpose for which the Contract was concluded due to the Seller’s delay.
   
   
9. If the Seller fails to fulfill the Contract within the additional period, the Contract shall be terminated by law; however, the Buyer may keep it in force by immediately notifying the Seller of their decision to do so.
   
   
10. The Seller has the right to refuse to remedy the defect if repair or replacement is impossible or would cause disproportionate costs to the Seller, taking into account all circumstances, especially the value of the item without the defect, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the Buyer.
    
    
11. When the buyer is a legal entity, craftsman, or natural person engaged in business activities, the rules on material defects prescribed by the Civil Obligations Act apply, especially in cases where the regulation of material defects for such persons differs from that stated herein in the Terms of Use; in such cases, the provisions of the Civil Obligations Act shall apply. 
    
    
12. If the Buyer, based on the statements of the manufacturer or its representative, expected certain properties of the item, the defect shall not be taken into account if the Seller did not know and was not required to know about those statements, if such statements had been refuted before the conclusion of the contract, or if they did not influence the Buyer’s decision to conclude the contract.

Warranty and services

1. In addition to liability for material defects, the Seller also provides rights arising from the commercial warranty for the proper functioning of the sold item.
   
   
2. The commercial warranty is binding only under the conditions under which it was given and only for the specific product for which it was issued.
   
   
3. The Buyer will receive a warranty card for any product covered by a commercial warranty. The Buyer must keep the warranty card for the entire duration of the warranty period.
   
   
4. The Seller guarantees that the product, when used in accordance with the enclosed instructions and the warranty certificate, will function properly during the warranty period. In the event of a malfunction or other possible defects, the Seller undertakes to repair or replace the product within a reasonable time in accordance with the Civil Obligations Act.
   
   
5. The right to use the warranty is exercised upon presentation of the warranty card.
   
   
6. Information about authorized service centers for the purchased product can be found in the warranty card, which the Buyer receives together with the purchased product.
   
   
7. When the Buyer exercises rights under the warranty, which must be in accordance with the warranty certificate, they have the right to submit a complaint to the Seller at the email address and/or the registered office address of the Seller specified in these terms, in which cases the Seller will contact the Buyer. Alternatively, the Buyer has the right to submit the complaint at the Seller’s business premises.
   
   
8. These rules do not exclude the application of the rules on the Seller’s liability for product defects.

Notice on how to submit a written customer complaint

1. All complaints may be sent by the Buyer by mail to the address In Mobile Accessories d.o.o., Popovićev put 2c, Matulji 51211, or by e-mail to podrska@mobia.hr or in person at the Seller’s headquarters from which the Buyer paid for and/or collected the product.
   
   
2. The Seller will confirm receipt of the complaint to the Buyer in writing without delay and will provide a response to the Buyer within 15 days from the date of receipt of the complaint.
   
   
3. In order for the Seller to respond to a written complaint not sent by email, the Buyer must provide accurate information about their name, surname, and address to which the response will be delivered. The Seller is legally required to provide a written response to the Buyer’s complaint no later than 15 days from the date of receipt of the complaint. 
   
   
4. The rules on written customer complaints do not apply to legal entities, tradesmen, and natural persons engaged in business activities, to whom the provisions of the Civil Obligations Act and the Electronic Commerce Act apply.

Out-of-court dispute resolution

1. In the event of a dispute, the Seller and the Buyer will seek to resolve it amicably. If that is not possible, the competent court in the Republic of Croatia shall have jurisdiction, with the application of Croatian law.
   
   
2. Dispute resolution is also possible before other mediation centers.
   
   
3. Under European Commission Regulation No. 524/2013 on online dispute resolution for consumer disputes, which has been in effect since January 9, 2016, the Online Dispute Resolution Platform (ODR Platform) has been established.
   
   
4. Consumer disputes can be resolved through the European Commission’s ODR platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR

Kontakti

For all information, compliments, remarks, complaints, as well as any other notifications, Buyers may contact the Seller at:

Address: IN MOBILE ACCESSORIES d.o.o., Popovićev put 2c, 51211 Matulji

Phone: +385 51 321 321

e-mail:  aleks.brnabic@gmail.com