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1. Introduction

Welcome to this Profoto website (“Profoto”, “us” or “we”).

The following terms and conditions (collectively these “Terms of Use”) apply to your access and use of this website, profoto.hr including its subdomains, and any content, functionality and services offered through profoto.hr and its subdomains (collectively this “Website”) 

When you access and use this Website, we collect and process personal data from you. All processing of personal data is carried out in accordance with our Privacy Policy. This Website also uses cookies. The use of cookies is carried out in accordance with our Cookie Policy (Privacy/Cookie Policy).  

By using this Website you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not want to agree to these Terms of Use, we kindly ask you to exit and not access or otherwise use this Website. 

Profoto reserves the right to, at any time and without notice, change or update these Terms of Use. Your continued use of this Website following the publication of updated Terms of Use, means that you accept and agree to the changes.

2. Access to Website

You will be able to access this Website without having to register any details with us. However, some services offered on this Website will only be accessible with a registered account.

We reserve the right to withdraw or amend this Website and any service or material we provide on this Website without notice. We will not be liable if, for any reason, the entire Website or any part of it is unavailable or malfunctioning at any time or for any period. From time to time, we may restrict access to the entire Website or parts of it without any further notice.

Profoto reserves the right to, at any time and without notice, make changes to or modify this Website or Profoto’s products or services, including prices.

3. Accounts, passwords and security

When using our features only accessible by an account on this Website you are entirely responsible for providing correct and up to date information and for maintaining confidentiality of the information you hold for your account. You may only use your own account and password and you undertake to notify Profoto of any unauthorized use of your account or password.

If your account on this Website is not used in accordance with the provisions in these Terms of Use you may be held liable for any damage this may cause. Profoto cannot be held liable for any damage arising from your failure to comply with these Terms of Use.

4. User Conduct

You must be at least 18 years old (or of legal age) to be able to use the services on this Website.

You are not allowed to use this Website to post, use or transmit:

– any content that you not have the right to post or use;

– any unsolicited or unauthorized content, including but not limited to, junk mail, spam and chain letters; or 

– any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or otherwise interfere with or disrupt this Website or servers or networks connected to this Website.

5. Intellectual property rights

This Website and all its content, features and functionality (including but not limited to all information, text, pictures, video, audio, design, and software) are owned or held by Profoto, our licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual or proprietary rights laws.

You must not copy, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on this Website without our prior approval. Furthermore, you must not reproduce, sell or exploit for any commercial purposes any part of this Website, access to this Website or use of this Website or any services or materials available through this Website.

6. Company trademarks

Our company name, our company logo, and all related names, logos, products and service names, designs and slogans are trademarks of the Company, our affiliates or licensors. You must not use such trademarks without our prior written permission.

7. Procedure for Claims of Infringement

Profoto respects the intellectual property and trademark rights of others. If you believe that your work, photo or brand or your intellectual property rights have been violated by its exposure on this Website, please provide us with the following information:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, 

– a description of the copyrighted work or other intellectual property that you claim has been infringed,

– a description of where the material that you claim is infringing is located on the Website,

– your address, telephone number, and e-mail address,

– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and

– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address this letter to Profoto, as follows:

Solus d.o.o. – Profoto Hrvatska

Hrvatskoselska 1

10250 Lučko – Zagreb

Croatia

Email: info@profoto.hr

8. Limitation of liability

The Website is provided “as is”. The content and information on this Website might be incomplete or contain errors. Profoto does not guarantee that the content or information on this Website is complete or accurate. Profoto cannot be held liable for any loss, injury or any other damage, either direct, indirect, punitive or otherwise resulting from or in any way connected to your use of this Website or the services offered on this Website

9. Purchase terms

Note: Profoto webshop services can only be used by individuals aged 18 and older.

These terms of sale define the procedure for ordering, payment, delivery, returns, and complaints regarding the products offered on our website.

The Supplier (Seller) is Solus d.o.o. (Hrvatskoselska 1, 10250 Lučko – Zagreb Croatia, VAT: 94199493045, phone: +385 15604 891, email: info@solus.com.hr)

The buyer of the goods is a visitor to the webshop who selects at least one product, adds it to the cart, pays with a credit card, bank transfer (payment slip) at a bank (or post office), or upon delivery, and sends the order to the seller.

The prices are retail prices with VAT (We reserve the right to change prices and the right to make errors in price publication.)

The currency is the Euro (EUR).

ORDERING

Products are ordered by creating a web order (adding them to the “cart”) on the webshop’s pages. Next to each item, there is an option “ADD TO CART.” When you add the desired item to the cart, a window will open where you can select the quantity of the item. If you added the wrong item to your cart, there is an option “X – DELETE” that allows you to remove the item from the cart. You can add new items to the cart using the same procedure as when you selected the first item. After you have added all the items you want to purchase to your cart, you can review it by clicking on the “CART” option, which is located in the upper right part of the Profoto webshop. If you have selected everything you need, click on the “PAYMENT” option.

If you have not logged in when you arrive at the page, a login page for the webshop will open. If you are a new customer, follow the procedure to log in to the Profoto webshop. If you have previously shopped with us, enter your email address and password in the designated places. After entering the login information, confirm your login by clicking the “LOGIN” option. If the shipment needs to be delivered to an address that is not indicated in the user data, press the “Deliver to a different address?” option. You can choose to pay in cash, by card, or by bank transfer. After completing the current procedure, click on the “NEXT” option. Cash payment is made upon receipt of the item. Payment by bank transfer is made through banks, post offices, or similar institutions. Payment by card refers to credit cards. If you have any doubts about paying by card, Profoto webshop has a security certificate. Payment by card on the Profoto webshop is completely secure, and there is no risk of data leakage or theft. After selecting the card you want to use for payment, enter the NAME and SURNAME on the card, the card number, and the expiration date (month and year). After that, you can choose the “ORDER” option. After choosing the “ORDER” option, a window with the message “Thank you, your order has been received” will open, and the details of your order will be sent to you by email. If you wish, you can print the order. When Profoto sends your shipment, you will receive an email or an SMS with information that the shipment is on its way to the address you specified for the delivery of the purchased items. If the seller is unable to deliver all reserved/pre-ordered products, they will deliver the available ones and notify the buyer by email or phone, along with information about the availability and estimated delivery time for the remaining products. The purchase and sale contract for purchased but undelivered products is automatically terminated. The seller is responsible for material defects in accordance with positive regulations, especially in accordance with the Obligations Act of the Republic of Slovenia.

DELIVERY

Delivery terms for Overseas / GLS:

Ordered goods are delivered to the entrance of a residential building. In the case of a residential building, the delivery person is not obligated to carry the goods to the floor where the customer is located but only to the entrance of the building. Goods are delivered throughout Slovenia, covered by the Overseas / GLS delivery service. Delivery is usually made within 3-5 business days through OVERSEAS / GLS delivery service.

For shipments valued up to €265.00, the delivery costs for ordered goods are charged at €4.00. For shipments valued over €265.00, delivery costs are not charged.

PAYMENT

The buyer will pay the seller for the ordered products with delivery costs (if applicable) using a credit card, cash on delivery (Overseas/GLS), or a bank transfer. In the event that the buyer orders goods and refuses to accept them, the seller has the right to seek compensation from the buyer for postal and handling costs.

SECURITY OF PAYMENT BY CREDIT/DEBIT CARDS

The confidentiality of your data is protected and secured using SSL encryption. Internet payment pages are secured using the Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a data encryption process designed to prevent unauthorized access during data transmission. This enables secure information transfer and prevents unauthorized access to data during communication between the user’s computer and the payment service, and vice versa. Payment services and financial institutions exchange data using a virtual private network (VPN), which is protected from unauthorized access. The payment service used is certified according to the PCI DSS Level 1 security standard prescribed by Visa and MasterCard rules. The merchant does not store credit card numbers, and the numbers are not accessible to unauthorized persons. Payment service is based on the 3-D Secure standard, which currently offers the most secure solution for credit and debit card payments in an online environment. If the user’s card participates in the 3-D Secure program, the user will be asked for additional identity verification as confirmation that they are using the card.

STATEMENT ON THE USE OF MONRI WSPAY

Profoto web store is using Monri WSPay for online payments.

Monri WSPay is a secure system for online payments, offering real-time payment processing, credit and debit card payments, and other payment methods. Monri WSPay ensures secure entry and transmission of card data for both the customer and the merchant, as confirmed by the PCI DSS certificate held by Monri WSPay. Monri WSPay utilizes a 256-bit SSL certificate and TLS 1.2 cryptographic protocol as the highest levels of protection during data entry and transmission.

NOTICE OF CONSUMER COMPLAINT SUBMISSION METHOD

We inform consumers that they can submit written complaints to:

By post – to the address: Solus d.o.o., customer support department, Hrvatskoselska 1, 10250 Lučko – Zagreb, Croatia

To the email address; info@profoto.hr

RIGHT TO UNILATERAL TERMINATION OF A CONTRACT CONCLUDED OUTSIDE BUSINESS PREMISES OR CONCLUDED AT A DISTANCE

You have the right to unilaterally terminate the contract within 14 days without stating a reason.

10. Governing law

These Terms of Use, and any conflict or dispute arising out of or related to them, shall be governed by and construed in accordance with Slovenian law without regard to its conflict of laws principles.

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