Basic
Provisions
- 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”).
- Njuškalo web portal is owned by
the company Njuškalo d.o.o. (hereinafter: “Njuškalo”).
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Njuškalo is not liable for any
costs that the user may incur due to the use of Njuškalo web portal and
mobile phone applications.
- 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
- 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.
- Ads must be written in
Croatian.
- 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.
- Images in the ad must show the
item offered for sale. Logos, banners and alike may not be posted.
- 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.)
- Ad must be posted in the
category corresponding to its content.
- 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 ***).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Njuškalo reserves the right to
edit individual ads without changing the content of the ad (copyediting,
completing data, etc.).
- 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.
- 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.
- 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.
- 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, bank cards and prepaid vouchers. Refund
of funds paid by text messages 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 can 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 through 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.
- 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.
- 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
Promotions
and Discounts
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- These Terms and Conditions of
Use apply as of 17 July 2020.
- 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.