General terms and conditions

1. Trader details

The seller and service provider is Modeco d.o.o. za proizvodnju, montažu i trgovinu (hereinafter: Modeco or we).

• Registered office: Ante Starčevića 249, 31400 Đakovo, Croatia
• OIB: 29281110122
• Telephone: +385 31 286 066
• E-mail: [email protected]

Activity: the manufacture and sale of roofing sheet, sandwich panels, gutters and roof guttering, flashings and sheet-metal fittings, steel structures and prefabricated halls, together with CNC sheet-metal bending, installation and truck-crane services.

2. Who these terms apply to

The buyer may be a business or a consumer. The distinction matters because some of the provisions apply only to consumers.

• A consumer is a natural person who buys outside their trade, business, craft or profession.
• A business buyeris a company, sole trader, institution or other person who buys in the course of its activity, including a purchase with the company’s OIB entered on the invoice.

The provisions on consumer rights — in particular the right to withdraw unilaterally from the contract within 14 days and the statutory two-year period of liability for material defects — apply exclusively to consumers. Business buyers are subject to the rules of the Civil Obligations Act for commercial contracts, including shorter periods for inspecting the goods and for giving notice of a defect.

3. Application of the terms

The terms apply to all orders received through our website. If we have concluded a separate written contract, quotation or framework agreement with you, that document prevails in the event of a discrepancy, and these terms apply in addition to it.

Acceptance of a business buyer’s terms or of its purchasing conditions is valid only if we have expressly confirmed it in writing.

4. Conclusion of the contract

An order is completed through the following steps:

1. selecting the products and adding them to the basket,
2. entering the delivery details and the invoicing details,
3. choosing the method of payment and reviewing the total amount,
4. confirming the order,
5. the order confirmation that we send you by e-mail.

The contract is concluded when we send you the order confirmation to the e-mail address you entered. Before confirming, you can return to the previous step and correct the details you have entered.

The contract is concluded in Croatian. The content of the contract is stored by us and is available to you on request, and you receive a copy of the terms and the order confirmation by e-mail.

We reserve the right not to accept an order if the product is unavailable, if the price has obviously been displayed incorrectly because of a technical error, or if the order contains incomplete or inaccurate details. In that case we will notify you without delay and refund any amount already paid in full.

5. Prices and VAT

All prices are stated in euros (EUR). Modeco is registered for value added tax and VAT is charged on the prices at a rate of 25 %.

• The product pages show the price incl. 25 % Croatian VAT, and beside it, in smaller type, the net price for the benefit of business buyers.
• The total amount incl. 25 % Croatian VAT and the delivery cost is always visible in the basket and at the final checkout step, before you confirm the order.
• For consumers, the authoritative figure is the final amount incl. 25 % Croatian VAT shown when the order is confirmed.

Prices are those in force at the moment the order is sent. For goods made to measure, or where the price is set by quotation, the price in the written quotation you accepted prevails.

6. Delivery costs

We deliver within the Republic of Croatia. The delivery cost is not included in the product price and is shown separately. The price list by county is published on the Delivery and payment page.

• For the areas covered, the delivery cost is set in advance according to the county of delivery and is visible in the basket before the order is confirmed.
• For more remote and less accessible areas the delivery cost is determined individually — in that case we contact you with the calculation and charge it only after your written confirmation.
• Oversized goods (sheet metal, panels, structures) are carried by special transport. Unloading, a crane and access to the site are not included in the delivery price unless this is expressly stated in the quotation.

Collection of the goods at our registered office is possible by prior arrangement. On taking delivery the buyer must inspect the consignment and report any damage in transit immediately — the details are on the Complaints and objections page.

7. Methods of payment

Payment is possible:

• by card through the secure payment system of the service provider Stripe — you enter the card details directly with the service provider and we have no access to them;
• by bank transfer (payment slip or internet banking) on the basis of the quotation or proforma invoice that we issue to you, quoting the payment reference from that document.

Where payment is made by bank transfer, the goods go into production or are prepared for dispatch once the payment is visible on our account. For larger projects payment in instalments or against an advance is possible, which is governed by the quotation.

8. Delivery lead time

The delivery lead time depends on the type of goods and is stated with the product, in the quotation or in the order confirmation. We distinguish:

• stock goods — dispatched once the payment or the order confirmation has been received;
• made-to-measure goods (flashings, sheet cut to length, configured packages) — the period runs from confirmation of the final measurements and specification;
• steel structures and prefabricated halls — the period is set by contract or quotation for each project separately, depending on the design documentation and the installation schedule.

If for a justified reason we cannot meet the deadline, we will notify you and agree a new one. If you do not accept the new deadline, you may terminate the contract and we will refund everything you have paid.

9. Right to withdraw unilaterally from the contract (consumers only)

A consumer has the right, without giving reasons, to withdraw unilaterally from a contract concluded at a distance within 14 days of the day the goods were received. The full instructions, the manner of giving the declaration and the form are on the Right to withdraw unilaterally from the contract page.

Under the Consumer Protection Act, there is no right of unilateral withdrawal for goods made to the consumer’s specification or clearly personalised for the consumer. In our case these are in particular:

• flashings and sheet-metal fittings made to the measurements supplied,
• sheet metal and panels cut or bent to the requested length or shape,
• roof packages configured according to the data on the buyer’s building,
• steel structures and prefabricated halls made to the design or the request of an individual buyer,
• goods ordered in a colour or finish that is not part of our standard range.

The right of withdrawal does not apply to business buyers. For them, the return of goods is possible only with our prior consent and on the conditions agreed in each individual case.

10. Liability for material defects

We are liable for material defects in the goods in accordance with the Civil Obligations Act. A defect exists if the goods lack the properties needed for ordinary use, or if they do not correspond to the description, the sample or the agreed specification.

• A consumer may raise a defect that appears within two years of receiving the goods and must notify us of it within a reasonable period from the day they discovered it.
• A business buyer must inspect the goods immediately on taking delivery and notify us of visible defects without delay, and of hidden defects as soon as they are discovered, within the statutory periods for commercial contracts.

Where a defect is established, the buyer may request repair, replacement, a price reduction or termination of the contract, in the order and on the conditions laid down by law. The reporting procedure is described on the Complaints and objections page.

We are not liable for defects arising from improper installation not carried out by us, from improper handling or storage, from mechanical damage after delivery, or from the ordinary wear of the material.

11. Complaints and objections

You can send a written objection by post to our registered office address or by e-mail to [email protected]. We confirm receipt of the objection and deliver a written reply within 15 days of receipt at the latest. Detailed instructions are on the Complaints and objections page.

12. Protection of personal data

We process personal data in accordance with the General Data Protection Regulation and Croatian legislation. What data we collect, why, how long we keep it and what rights you have is described in the Privacy Policy, and the use of cookies in the Cookie Policy.

13. Force majeure

We are not liable for non-performance or delay caused by extraordinary circumstances beyond our control, such as natural disasters, fire, war, strikes, interruption of the supply of energy or raw materials, interruption of transport, and decisions of the authorities. We will notify you without delay when such circumstances arise and agree a new deadline or the termination of the contract by agreement.

14. Governing law and dispute resolution

These terms and the contracts concluded on the basis of them are governed by the law of the Republic of Croatia. We seek to resolve disputes by agreement and, where that is not possible, the court with subject-matter jurisdiction in the Republic of Croatia has jurisdiction. For consumers this does not exclude the possibility of bringing proceedings before the court having jurisdiction under consumer protection legislation.

Consumers may also try to resolve a dispute by an alternative route, before a body for the alternative resolution of consumer disputes — in Croatia these are, among others, the Mediation Centre and the Court of Honour at the Croatian Chamber of Economy (Hrvatska gospodarska komora). The procedure is voluntary and does not exclude the right to judicial protection.

15. Final provisions

We reserve the right to amend these terms. Every order is governed by the version of the terms published at the moment the order was sent, and the date of the last amendment is stated at the top of the page.

If an individual provision becomes invalid, the remaining provisions stay in force, and the invalid one is replaced by a provision that most closely corresponds to its purpose.

For any questions about these terms, contact us at [email protected] or +385 31 286 066.