Basic Provisions

1. Terms and Conditions of Use apply to the www.njuskalo.hr web portal and all its subdomains, web pages and mobile phone applications belonging to the njuskalo.hr domain (hereinafter: “Njuškalo web portal”).
2. Njuškalo web portal is owned by the company Njuškalo d.o.o. (hereinafter: “Njuškalo”).
3. User is any person accessing and/or using Njuškalo’s web portal services, which includes unregistered users, registered users and business entities using Njuškalo’s services on a contractual basis.

General Provisions

4. By accessing this website, you agree to all the terms and conditions of use of Njuškalo web portal. We reserve the right to change, modify and amend the terms of use of this website at any time. Amendments take effect as at the moment of publication. User is required to read the Terms and Conditions of Use on a regular basis. By accessing Njuškalo’s website, it is deemed that the user is familiar with the applicable rules and terms of use.
5. For the purpose of using Njuškalo web portal services, the user undertakes to register and provide required information and contact details in the registration form. User has the option of registering and logging in to Njuškalo using the login information for social networks available at Njuškalo at the moment of use. Using the social network interface, the user gives his/her explicit consent to have the required data used and stored. Requested data is collected as required by the service for which the user has registered, whereas the data used for the purpose of advertising is collected pursuant to the Act on Prohibition and Prevention of Conducting Unregistered Activities. Njuškalo does not offer its services to persons under the age of 16.
6. User assumes criminal and material liability for the accuracy of the data provided and is obligated to keep the data accurate and up to date. By registering on Njuškalo, the user allows the storage, use and processing of said data for the purpose of system operation, system message sending and communication with customer support via e-mail and phone. Njuškalo undertakes to use any such data only for the purposes for which it has been obtained and in accordance with applicable regulations.
7. User has the right to request, at any moment, that his/her user account be closed and data erased. Njuškalo will close the user account and ads posted by that user 24 hours after the request has been submitted, unless the user cancels the request within said time limit. The user will receive any notices about the user account closure and data erasure procedure via the e-mail address registered for the purpose of using Njuškalo web portal services.
8. Njuškalo may announce prize competitions or post questionnaires by its partners on the online platform and the user may voluntarily participate in them and provide his/her personal data. Njuškalo does not store or process the data provided by the user in such manner, nor is it liable for the security of such data. Furthermore, Njuškalo distances itself from any loss that the user may incur in that case.
9. Njuškalo may allow a third party to announce a prize competition for users. Participation in a prize competition is governed by the rules of that third party and Njuškalo is not liable for the organisation and results of the competition.
10. Njuškalo takes account of personal data protection in accordance with applicable regulations and the Privacy Policy, which further regulate personal data collection, use, security, storage, erasure and transfer, as well as the use of related tools. Business entities using Njuškalo’s services are liable for the collection and entry of personal data. They are also obligated to familiarise the persons whose data they enter with the purpose and legal ground of processing their personal data. Business entities are responsible for the accuracy of personal data and natural persons using Njuškalo’s services on behalf of a business entity may exercise all their rights using the contact details specified for the relevant user account.
11. User is required to ensure that his/her user password is secure and to change it occasionally. User is fully liable for any loss arising from an unauthorised use of access rights as well as for any content posted under his/her username. Njuškalo is not liable for user password misuse. However, as soon as the user reports suspected misuse, Njuškalo will able to take appropriate measures.
12. Njuškalo is authorised to close, at any moment, the user account of any user violating these Terms and Conditions of Use or otherwise slowing down or interfering with the operation of Njuškalo web portal. If the user account has not been active for three years, Njuškalo will contact the user using one of the user data provided by the user during registration in order to confirm whether the user wants to continue using the account. If the user does not confirm this or fails to reply or if the user cannot be contacted using any of the provided data within a time limit to be set by Njuškalo, Njuškalo is authorised to close the user account without delay and to initiate data erasure.
13. Njuškalo is authorised to remove the user’s profile picture at any moment without prior notice if the profile picture contains illustrations depicting hate speech or profanity, pornographic content, a logo (unless this concerns Njuškalo shop services), a picture of another person, a picture taken from another user profile, a copyrighted picture or any other content deemed inappropriate.
    
14. In addition to user account closure, Njuškalo reserves the right to take other appropriate measures against any user violating these Terms and Conditions of Use. Conditions and relations between users and the company Njuškalo are subject to the laws of the Republic of Croatia. In the event of a dispute, the competent court shall be the court in Zagreb.
15. Any announcements, ads, messages, texts, images, photographs, videos, offers, leaflets, vouchers and other material (hereinafter: “content”) posted on the web pages, transmitted via the web pages or linked from the web pages shall fall under the exclusive liability of the person from whom such content has originated. Njuškalo does not give any guarantees as to the accuracy, completeness or authenticity of such content. In the event of any claims by third parties on the basis of damages or on any other grounds related to the content provided by the user, the user shall assume full liability as well as the obligation to take all actions required to defend and protect Njuškalo from any such claims. User is obligated to compensate Njuškalo for any cost and loss arising from third party claims lodged on any ground related to the material provided by the user.
16. It is prohibited to order and post any content that is illegal, harmful, threatening, abusing, harassing, defaming or in any way damaging to minors. It is prohibited to post any content involving personal data of other persons without their explicit consent. User undertakes not to post any content contradicting the law, other regulations and the Constitution of the Republic of Croatia. User particularly undertakes not to sell and advertise the sale of goods or provision of services that would violate third party copyright and other related rights.
17. Any disputes arising from the relationship between the users of Njuškalo and advertisers (in relation to the accuracy of user data or the content of the offer, subject, price of the offer, duration of a promotion, etc.) shall be resolved exclusively between users. Njuškalo is not liable for any kind of loss caused by such relationships.
18. In order to improve its services, Njuškalo uses and analyses the data about its users that it has collected, including information about users’ interests, activities and viewed pages. This is done for the purpose of selecting and personalising ads and other marketing notices promoting Njuškalo’s products and services.
19. As an additional feature for registered users, Njuškalo offers the possibility of receiving notifications by e-mail or sending notifications via Njuškalo mobile applications. Njuškalo does not assume the responsibility for sending timely or detailed notifications to the user.
20. It is prohibited to copy or use any part of Njuškalo's website, including the information provided by users, without the prior written approval of Njuškalo.
21. Njuškalo is not liable for any loss that may arise from an interruption of the availability, non-disclosure and erasure of the content or misuse of public information.
22. Njuškalo is not liable for any costs that the user may incur due to the use of Njuškalo web portal and mobile phone applications.
23. Njuškalo web portal contains links to the web pages of other service providers. Njuškalo is not liable for the content of third party websites and does not guarantee or assume liability for any harmful or illegal content or for any other violations of the law committed on third party websites. Njuškalo will remove any link or content as soon as possible after being fully convinced that it violates applicable legal regulations or is in any way harmful or unwanted.

Ad Posting on Njuškalo

24. Njuškalo is intended for public ad posting and related services allowing the most efficient ad posting and search options. By submitting a request to post an ad, the user agrees that his/her personal data be published on Njuškalo along with the ad. Personal data is published as defined in the settings or entered in the ad description and it can be seen by any person who has access to the internet. User may request that his/her ad be removed for any reason, which can be done by logging in to his/her user account and confirming the removal of the ad.
25. Ads must be written in Croatian.
26. Ads must have specific information about the item offered for sale. Description may be related only to the item offered for sale. It is not allowed to advertise any other items or services, post demands or post anything else that is not directly related to the item offered for sale. Users who have an open Njuškalo shop or Njuškalo service on Njuškalo web portal can enter additional information about their physical or web shop in the fields intended for that purpose.
27. Images in the ad must show the item offered for sale. Logos, banners and alike may not be posted.
28. Product lists are not allowed. One ad may contain only one item offered for sale, unless the item being sold represents a set. (Example: one ad may be used to sell “a table and four chairs”, but it is not allowed to sell “skis and a motorcycle” under one ad.)
29. Ad must be posted in the category corresponding to its content.
30. Ad title must describe the item offered for sale. The title may not contain the names of other websites or several identical characters in a row (e.g.: *** boat engine ***).
31. Ads used to invite persons to participate in various network marketing activities and pyramid schemes are not allowed. Similarly, ads used to invite persons to play illicit games of chance are also not allowed.
32. User can only have one username and can only submit one ad for one item. It is not allowed to change the item advertised within a leased advertising package or product, nor is it allowed to post ads for the same item in two different categories. The username can only be used for registration once.
33. Business entities – companies, craftsmen, associations and agencies – using Njuškalo web portal may sell items and post ads exclusively through their Njuškalo shops. If they are providing a service, they can offer it under Njuškalo services. Njuškalo shops may not be resold.
34. Links from Njuškalo web portal: only links to an additional item description are allowed. Links to websites advertising various services are not allowed. Only those users who have an open Njuškalo shop on Njuškalo web portal may provide links to their separate web shop (outside of Njuškalo web portal). Links to the websites of Njuškalo’s competitors are not allowed. Njuškalo retains the discretion to evaluate whether or not a certain link will be approved.
35. Njuškalo reserves the right to delete or not to post ads that do not comply with certain criteria or are in conflict with these terms and conditions.
36. In the following circumstances, Njuškalo has the right to remove, edit, modify or reject an ad without any notice:
• when an ad is posted in the wrong category
• when a product and/or an advertiser violates copyright and/or other intellectual property rights
• when a product can in any way cause damage to and/or violate the intellectual property rights of any other party
• when a product and/or the content of the ad contains discriminatory elements, (child) pornography material or any material deemed illegal under the Croatian law
• when one ad contains several products or services that are not properly categorised
• when an ad is offensive in any way
• when an ad is suspicious in terms of advertising stolen or illegal goods
• when an ad is damaging the quality of the content in any way
• when a demand is posted (items are sought instead of being offered for sale)
• when there is suspected abuse of Njuškalo web portal
• when the price quoted in an ad is not the actual selling price
• when the price stated in an ad posted by a legal entity is exclusive of VAT
  
• Njuškalo reserves the right to edit individual ads without changing the content of the ad (copyediting, completing data, etc.).
37. By posting an ad on Njuškalo web portal, the user agrees to respond to other users' inquiries (by phone or e-mail) with due care. User must have an active e-mail address which he/she checks regularly.
38. By requesting an ad to be posted, users grant an irrevocable authorisation to Njuškalo to use, copy, post and distribute this content in other media. Njuškalo will not post the user's personal data in other media, but only the content of the ad and the link to Njuškalo web portal.
39. Njuškalo does not guarantee that the user will be able to access the content of his/her ad once it expires. Therefore, it is recommended that the user saves the content and images of the ad in order to be able to use them later for some other purposes.
40. Electronic communication between the users of Njuškalo is intended for conversations related to the product or service offered in an ad for the purpose of:
• providing detailed information about the ad
• concluding a transaction or conducting a trade related to the product or service advertised
• providing information about other products or services if the advertiser is a business user.

Regarding written communication, the users of Njuškalo are obligated to:

• regularly check other users' inquiries and respond to them in a timely manner
• before submitting an offer related to a particular ad, read the detailed ad description and make an offer according to the details specified in the ad.

During written communication, the users of Njuškalo are not allowed to:

• promote other services and products
• send links to other online locations
• offer intermediation services for sale or rental purposes
• offer an unadvertised business cooperation
• use the name or e-mail address of any other person, use a false identity or otherwise mislead other users to believe that they are being contacted by a third party, institution or business entity
• seek help, donations or sponsorships
• arrange prices with other advertisers
• use profanities, send offensive messages and use hate speech
• send threatening messages or intimidate other persons
• use robots or scripts to send multiple automated messages.

For the purpose of protecting its users, preventing misuse of communication, detecting spam and malicious software and developing its products, Njuškalo reserves the right to take the following measures without any notice:

• check and analyse the content of messages (including related e-mails)
• temporarily withhold messages and postpone their delivery to recipients
• permanently cancel the delivery of messages to their recipients
• suspend a user or block him from communicating by messages.
• messages older than 2 years are permanently deleted
  

Payment sevices

41. In the event of suspension of the account or deletion and deactivation of an ad due to a violation of these Terms and Conditions of Use, it is not possible to get a refund or otherwise use the deposited funds for the unused, but paid ads or to get a refund of the remaining funds in the user’s Njuškalo account balance. Funds deposited to a Njuškalo user account can be used solely for the purpose of advertising on Njuškalo web portal. User is not entitled to transfer these funds, either in part or in whole, to another user or another account nor is the user entitled to exchange the funds for another service or to get a refund.
42. If the user has the right to a refund of deposited funds, he/she will be entitled only to a refund of the funds deposited via bank transfer and bank cards. Refund of funds paid by text messages and paysafe vouchers, or a refund of a Njuškalo bonus is not possible, but the funds paid via text messages are taken into account when calculating the refund balance, as described in this Article. Funds deposited to the account balance via text message and prepaid vouchers (paysafecard) may be used exclusively for the purpose of advertising on Njuškalo web portal. Said funds cannot be transferred in any way to any other user and it is also not possible to get a refund. In the event of exercising the right to a partial or full refund of the amount of balance on the user's account deposited by using multiple payment methods (e.g., bank transfer and text message(s)), the amount to be refunded is determined based on the priority of payment methods. Primary payment methods shall be bank transfer, followed by card payments, prepaid vouchers (paysafecard), payments via text messages and finally Njuškalo bonus. Upon receiving a refund of the funds deposited to the user's account which also contains a Njuškalo bonus, it will be fully cancelled.
43. If the user has unused funds in the account balance for more than two years, they will be deleted after the two-year time limit has expired. The user will receive any notices about the process of deleting unused funds in the account balance via the e-mail address registered for the purpose of using Njuškalo web portal services
44. Refund of credit card payments can be made within one year after a payment has been made. Refund is made exclusively to the credit card account used to make the payment.
45. Refund of funds paid after a sole proprietorship or a business entity has been closed is not possible. Before closing any account, the user must request a refund if he/she is eligible for refund.
46. Payments without a reference number and other information used to associate the payment with the user will be refunded by Njuškalo to the IBAN used to make the payment one month after the credit card payment has been made.
47. Njuškalo will not be able to make a refund with respect to payments without a reference number and other information used to associate the payment with the user if such payments are made by a payment slip at a bank or a post office. The user may identify his/her payment within one month after it has been made, after which it will be deposited into the user’s account balance.

Promotions and Discounts

48. Njuškalo web portal also offers a service called Njuškalo Discounts, which allows its users to search and compare offers, leaflets and vouchers by local retailers free of charge.
49. At popusti.njuskalo.hr, advertising and promotional offers as well as individual products and services will always be clearly separated from web portal’s own content. Advertisers, business partners or any third parties have no influence on the web portal’s own content. The fact that a particular retailer, manufacturer or service provider has published certain information on Njuškalo web portal does not mean that Njuškalo recommends that product, retailer, manufacturer or service provider.
50. Any offer, leaflet or voucher displayed on the online platform does not represent an offer (quotation) in legal and commercial sense, but only information that should allow the user to purchase goods directly from the retailer in an easier way. Njuškalo is neither the seller of the goods and services displayed nor a representative or an assistant of any particular retailer. Therefore, the user and Njuškalo do not enter into any kind of contractual relationship regarding the goods and services displayed.
51. Njuškalo does not guarantee for the completeness, validity, accuracy and quality of goods and services displayed on Njuškalo web portal. In particular, no guarantee is given that the goods and services displayed on Njuškalo web portal can actually be purchased under the conditions stated by a particular retailer.
52. If interested, the user may be directed to the retailer’s website. Prior to concluding any potential agreement with the retailer, the user is obligated to inform himself/herself about all relevant conditions using the information provided by the retailer. Any potential agreement will be concluded exclusively between the user and the retailer.
53. User can download the retailer's vouchers in electronic form free of charge via the Njuškalo web platform. Vouchers are used by showing them on a mobile device or in printed form at the retailer’s store.  Vouchers are valid only for the goods and services displayed on the web platform, within the time limits and under the conditions specified for a certain voucher. Upon expiry of its validity period, the voucher can no longer be used. If during the validity period the user and the retailer agree that the voucher may be used at a time lying outside the voucher’s validity and if the voucher is used accordingly, it will be deemed that the voucher has been used within the validity period.

Final Provisions

54. These Terms and Conditions of Use apply as of 29th of November 2021.
55. Any complaints under Article 11a of the Consumer Protection Act may be submitted in writing to:
• Njuškalo’s head office: Miroslava Miholića 2, Zagreb
• by e-mail to: reklamacije@njuskalo.hr
• and by fax on: 01.6500.971.

We undertake to respond to a complaint within the time limit specified in the Consumer Protection Act.

Information about Njuškalo's system administrator:

Njuškalo d.o.o.
Address: Miroslava Miholića 2, 10 000 Zagreb, Croatia

E-mail: info@njuskalo.hr
Phone: 01.6500.953

Company information:

The Company is registered in the court register of the Commercial Court in Zagreb, Company Reg. No. (MBS): 2243610, PIN: 94718723416.
Share capital in the amount of HRK 20,000.00 has been paid in full.