General Terms and Conditions
POKOP d.o.o. (hereinafter: POKOP)
Subject Matter of the General terms and conditions
1.1. These terms and conditions of business (hereinafter: Terms and conditions) regulate relations between the POKOP d.o.o. company from Zagreb, having its registered head office at the address: Pesteri 8 (as well as all of its branches, hereinafter: POKOP) as suppliers of products and services for which POKOP has been granted authorisation or other permits on one side, and clients, customers and service clients (hereinafter: client) on the other side. All relations between POKOP and its clients which are not specially arranged will be subject to all corresponding provisions that will enter into effect on the day of the receipt of the order or upon the beginning of work, that is the following day.
Services provided by POKOP and the level of service
2.1. POKOP provides services within its scope of operations in accordance with applicable legal provisions. The basic services that POKOP offers to its clients are the following: import, export, organisation, mediation, retail and wholesale of products, transport of the deceased, passenger transport, funeral services and other.
2.2. In accordance with legal and by-law acts, POKOP agrees, upon the request of the customer and according to their knowledge, for all the manufactured products, products that are supplied to the customer, as well as for every service provided, that they will provide detailed and accurate information, as well as the accompanying conditions under which they provide the said products and services in a transparent and honest manner that is understandable to an average user.
2.3. POKOP agrees to perform its funeral activities with the greatest care and in the manner of a good entrepreneur, taking care first and foremost of the safety of personnel, customer satisfaction and maintaining a high standard of business.
2.4. All customers are entitled to equal treatment, the best possible quality of performance, and all clients are treated equally regardless of the volume and type of work.
The conditions for the use of POKOP services
3.1. The users of POKOP services may be natural or legal persons.
3.2. The client will, at the time of the order or contract, give POKOP or an authorised person the necessary data for drafting a contract.
3.3. The client agrees that POKOP will conduct a verification of the client’s personal data, identity, status and financial capabilities with the competent authorities that have access to such data, for which they have the express consent of the client.
3.4. By their order, either oral or written, the client (physical or natural person) gives their explicit consent to POKOP to use, enter and process personal data (including personal identification numbers) for the purpose of the organisation and records. Furthermore, the customer gives their consent to POKOP in accordance with the Law of Protection of Personal Data, to forward personal information of the client to financial institutions, bank creditors or debt collection agencies, credit verification companies, operators of public communication services, legal or natural persons providing data (information) and publishing of client lists, operators of services with added value for the purpose of fulfilling legal obligations, checking financial viability, reducing the risk of possible damage and protecting the interests of the client and POKOP, and reducing of future debt.
3.5. The client agrees to respect intellectual property. We are not responsible for the ownership of the delivered materials nor do we check this. The intellectual property of the supplied materials is the sole responsibility of the client.
3.6. The offer or the contract stipulated with the client and internal documents contain the following: client’s data (the physical or natural person who signed the contract or purchase order and is financially responsible for the use of the services), data on object(s) to which the contract or purchase order refers, payment terms and other relevant information related to the specific purchase order by the customer.
3.7. POKOP hereby agrees that for each product to which modifications were made in terms of installation, printing or other changes, they will do everything they can in order to make it look best (unless the client has manufactured or seleced it himself). By reading these general conditions, the client has become aware of the fact that a change in the selected materials and colour shades of the agreed or selected goods or products is possible.
Goods, products that are being contracted or selected through samples, catalogues, monitors or digital devices, do not have to meet technical specifications, materials or colours. Such contracting or the selection of goods, products is only to be used as a reference to the client. If the customer wants to purchase the goods, products and view them before delivery, he or she has to promptly notify POKOP so that the product would not be processed or changed in any way whatsoever, including printing, installing or similar activities.
According to a special order, a sample of the goods, product or print will be made, and all manufacturing costs of the product will be born by the client.
The obligation of the client to notify the service provider of the change of data on the purchase order or contract
4.1. In case the client’s data (as a legal or natural person) have changed before completing the work, the client is obliged to inform POKOP in writing about this matter, certainly before issuing the invoice for delivered products and services.
4.2. If the client fails to notify POKOP of the change in personal or identification data within the period provided by paragraph 1 of this Article, and if due to such failure POKOP’s announcements or other correspondence cannot be delivered to the client, it will be assumed that the order was properly handled. The same applies to invoices and outstanding account letters that POKOP will send to the reported address of the client.
Receiving Purchase Orders and Work Contracting
5.1. Work contracting and purchase orders issued by clients
5.1.1. POKOP will consider a purchase order valid if it was issued in a written form and sent by post, fax or via e-mail. With oral orders, the client will receive an e-mail or a text message with an order confirmation to which the client must respond positively in order to confirm his or her purchase order.
5.1.2. The rights and obligations of the relationship between POKOP and the client start with the client and his or her confirmation of the acceptance of the offer or of the contract. POKOP is obliged, upon the concluding of the contract, to enable the client to inspect the General Terms and Conditions. The client confirms hereby that he or she expressly agrees with the General Terms and Conditions.
5.1.3. In case the client cancels an order for which certain work or services have already been performed, or if products were ordered solely for the purposes and upon the request of the client, the client is obliged to compensate for the damages suffered and to pay the full price of the products.
5.1.4. In case of signing a distance contract, POKOP funeral company is required to send the client a written offer, and the client is to decide whether he or she will accept the offer or not in writing.
5.1.5. POKOP is obliged to send an invoice to the client for the work done. The client can be offered an option to obtain the invoice in an electronic form in accordance with special provisions (separately or together with the printed invoice).
5.2. Refusing to conclude the contract
5.2.1. POKOP has the right not to accept a purchase order from the client in the following cases:
a) in the case of an order from a natural person for products and services intended for legal persons;
b) if there is reasonable doubt that the client's identity data as a natural person, or of the client as a legal person, his or her financial solvency and lacks in the authorisation or in the right to representation, are incorrect or false;
c) if the client has got a bankruptcy, liquidation or restructuring procedure inicommenced against him or her or if the client becomes insolvent or overdue, or if there are any overdue receivables on the side of POKOP on any basis towards the client or if, upon reasonable doubt of POKOP, the client has other difficulties with regard to his or her business activity or paying of his or her debts to creditors, unless the client provides POKOP with the appropriate insurance for the payment of services including, but not limited to: an advance sufficient to cover the invoices for a minimum of 80% of the value of the business or service that is being contracted, a valid bank guarantee, an acceptance of the limitation in service use determined by POKOP, and, if possible;
d) if there is reasonable doubt that the client has abused, is abusing or has the intent to abuse or if they he or she is allowing the abuse of these services by third parties;
e) if the client has not duly confirmed his or her order or if he or she has provided invalid information;
f) if the client, according to the reasonable assessment of POKOP; is not able to fulfil the obligations towards POKOP in relation to a particular service, or a particular job and/or service of interest or the other appropriate claim for each POKOP service, especially if the client will not be able or does not have the intent to settle his or her future or current liabilities for the performed services, nor has he or she, upon POKOP’s request, submitted the appropriate insurance payments referred to in paragraph c) of this Article.
5.3. Failure to perform the services
5.3.1. If the advance payment was made and the order was not placed for some reason referred to in Article 5, section 2, subsection 1, a) – f), the client has the right, within 8 days, to request the return of the advance payment in writing, on the condition that he or she pays all the expenses incurred by such an order.
The delivery of the ordered products and services to the client
6.1. Unless otherwise agreed, the client will pick up the ordered product at the premises where the product was ordered.
6.2. The delivery of products or services will follow within the time limit that was set in the contract stipulated with the client.
6.3. POKOP is required, in the spirit of positive business relationships, to meet the agreed deadlines, but this does not exclude changes in delivery deadlines in case of Force Majeure (delivery services being late, unusually long custom controls, electricity issues during production process, unannounced inspections, a change in the inventory at the storehouse of the supplier in the period between the sending of purchase offers and final orders etc.). In such cases of delays in delivery, the return of goods that were ordered for the client, or the return of arranged or printed goods, is not possible.
6.4. The customer is not entitled to compensation for any damage incurred on account of the extension of delivery period.
6.5. POKOP is authorised to partially deliver products or services except for the case in which the partial delivery of products or services is excluded according to a separate written agreement between the customer and the service provider.
6.6. The right of the customer to request a return or an exchange for their ordered and/or printed products is specifically excluded.
6.7. The delivery costs of products and services are paid by the customer. POKOP will not assume responsibility in case the delivery could not be exeuted due to false data submitted by the customer. POKOP funeral company shall assume the risk of accidental loss of items until the customer has received the products, and from that moment on, the risk of accidental loss of products is to be assumed by the customer.
6.8. In case the delivery of products or services could not be exeuted for reasons known to the client, that is in case the client has not received the product or service within the agreed time period although he or she has effectuated the entire payment for the products or services, the client will bear the costs of storing products or delivering services later on, and these costs are to be paid by the customer before receiving the products or services.
6.9. POKOP delivers products and/or services to the client after the work is completed according to the client's order or offer that was accepted by the client. All products and services are the property of POKOP until all claims against the accrued and unpaid invoices that POKOP issued to the client are settled. The software solutions, organisation and agency that POKOP used while providing services belong to POKOP funeral company regardless of the actual owner of the equipment or services. POKOP provides the free use of their intellectual property to the client for the individual solutions implemented during the service life of the equipment or service, provided there is no interferring by third parties nor cession of rights to persons who are not the owners of the solutions.
6.10. The client is obliged to use the ordered products and services and use them according to the law, acts of the law and generally accepted social and moral norms.
6.11. POKOP is not responsible in any way for damage caused to the client and/or third parties for the improper or illegal use of delivered products, services, software and/or organisational solutions.
The price system and payment methods
7.1. The price system
7.1.1. The price system for services, as well as other fees that POKOP is entitled to on the basis of General terms and conditions, are determined by POKOP’s price list that is valid during the exeution of works and/or the performing of services and/or during the conclusion of the contract (hereinafter: price list). POKOP is authorised to change the price list and is required to publish it and make it available in a common and affordable way. The price list will be available to every client as well as all the information regarding additional services offered by POKOP, and the prices of those services.
Price which is provided to customers or interested parties, that is the price which is enlisted in the price list, on websites or in any other way issued or published is not binding and POKOP can change it without prior notification. The price specified in the order that contains all the essential legal elements of the offer is binding for 3 days from the date of issuing of the offer, while for the availability of the goods according to the offer there is no guarantee unless this is specifically agreed. The price is valid for the area of the City of Zagreb and it shall be invoiced with the addition of VAT. However, some services are exempt from tax in accordance with the laws of the Republic of Croatia.
7.1.3 If the price in the offer includes discounts for the purchase of larger quantities of the same product or service, such price is only valid for the offer of the aforementioned products or services that also regard the overall specified amount, and each change requires a new purchase offer from POKOP.
7.1.4. Products the price of which is expressed in Euros are paid in Croatian Kunas according to the current rate of the Croatian National Bank on the day of issuing of the offer or invoice, in as far as the price does not include VAT, it will be increased by a valid VAT rate.
7.2. The conditions of service payment
7.2.1. POKOP issues invoices to the client for services and fees, with the deadline written on the invoice. Objections relating to the amount from the invoice must be submitted to POKOP in writing in accordance with Article 10 of General terms and conditions. Otherwise, the client is considered to have accepted the invoice. The costs of all the provisions of the institutions where invoices are paid for are fully covered by the client. The client is required to pay the total amount of costs and debts incurred for the duration of the contract, all the costs of the performed works and services according to the offer and/or the accepted purchase offer.
7.2.2. POKOP is authorised, with a prior written consent by the client and a written notification, to cede (for the client) to the bank creditors as well as to the authorised collection agencies, the right to charge the clients’ invoices. If he or she receives a written notice from POKOP funeral company, the client is required to pay the due amount of the invoice for the services provided at no extra charge to the bank creditors or collection agencies in accordance with the received notice. In order to enable the transfer the rights of the payment to bank creditors or collection agencies, POKOP funeral company is required to provide bank creditors and collection agencies with all the necessary data.
7.2.3. If due to the failure of the client, the identification data of the client or the invoice number are not correctly entered into the payment order, POKOP funeral company will assume that the claim is settled only after the client presents accurate data, the original payment order certified by the institution where the payment was made and proof that the payment order refers to the appropriate invoice. For due and unpaid claims by the client, POKOP funeral company has the right to charge a legal default interest.
7.3. The collection of debts
7.3.1. If the client has not filed a written complaint under Article 10 of these General terms and conditions and has not settled the due debt for the rendered services, POKOP will deliver the client a written warning that after the expiration of thirty (30) days from the day of delivery of the warning to the client, if the complete due debt is not paid in this period, POKOP funeral company will take necessary measures and actions in order to protection their interests.
7.3.2. If clients have not covered their due debt to POKOP, POKOP reserves the right to suspend all deliveries, the provision of services and of any technical support.
7.3.3. The suspension of further activities towards the client does not depend on the type of debt. However, all activities will be suspended until debts and obligations are settled.
7.3.4. POKOP reserves the right to charge the client for the warning in accordance to the applicable price list.
7.3.5. If the client does not pay his or her debts even after the expiration of thirty (30) days from the day of the temporary suspension of the delivery of services, equipment and support to the client, POKOP can permanently suspend the delivery of services and support to the client and terminate all contractual relations with the client in accordance with the General terms and conditions.
7.3.6. In case the debts are settled, POKOP reserves the right to charge the customer a fee for the re-establishment of a particular service if it requires a technological process, according to the current price list. POKOP retains the discretion right in deciding about the resuming of the cooperation with the client described in Article 7, section 3, subsection 5 of Terms and Conditions.
7.3.7. In case of an enforcement proceeding being initiated against the client or circumstances having arisen as set out in Article 7, section 2, subsection 2 of the Terms and Conditions, all contractual obligations of POKOP towards the client will automatically cease to apply.
Interference during the processing of purchase orders, technical and operational capabilities of POKOP funeral company
8.1. By accepting these General terms and conditions, the client agrees hereby that POKOP will provide services within its technical and operational capabilities. POKOP is required to inform the client of the potential difficulties during the implementation of the commissioned work upon the stipulation of business agreement.
8.2. If an activity performed by the client causes an unexpected extension of the deadline for the manufacturing of the product or the providing of a service, the client will not be freed from the obligation to pay the costs to POKOP funeral company.
8.3. POKOP funeral company is not obliged to pay the compensation for damage if the quality level of the provided services is lesser than the one prescribed due to objective reasons that could not have been predicted nor avoided or eliminated (Force Majeure) or were influenced by the will or actions of the client. POKOP will not be claimed responsible for any damage caused during the use of the products supplied by POKOP, which could have an impact on the quality of the services nor for any damage or loss of profits on behalf of the client that resulted from the use of POKOP’s products or services, unless it is differently specified in the mandatory regulations of the Republic of Croatia.
Filing a complaint
9.1. The client who filed a timely complaint on the quality of the service may request the implementation of additional works in order to meet the criteria of quality on the basis of these General terms and conditions of POKOP if it was observed that the quality of the provided service was lower than the one stipulated by the regulations in force in the Republic of Croatia and these General terms and conditions.
A timely complaint is a complaint that has been sent in written form within 7 days from the day of the receipt of the ordered goods and/or services. The complaint must be drafted on the company letterhead of the client for legal persons with all the master data; for natural persons, a name and surname has to be written in the header, along with the address, place, tax number (personal identification number), phone number and e-mail, which has to be signed by the person who has ordered the products and/or services that are the subject of the complaint and it has to contain a clear statement of the subject of the complaint.
9.3. In case of justified complaints, POKOP is required, at their expense, to remove all deficiencies as soon as possible and notify the client in writing. Untimely and incomplete complaints will not be taken into consideration. If in the course of resolving the complaint it is observed that the complaint is unfounded, POKOP reserves the right to charge for the present state analysis according to the current price list.
9.4. The complaint must contain facts and evidence on which it is based and it must be composed in the form set out in Article 9, section 2 of the Terms and Conditions. POKOP is required to submit a written response on the complaint within 15 days at most from the date of the filing of the complaint in first instance proceedings.
9.5. In the written response, the client has the right to file a complaint (reclamation) within 15 days. If the client does not file a complaint within the set deadline, it will not be considered and it will be rejected as untimely.
9.6. The client who has filed a complaint set out in Article 9, section 4 of the Terms and Conditions on the amount charged for the product and/or service will pay the undisputed part of the invoice for the obtained products and/or services until the resolution of the complaint.
The obligation of POKOP to ensure the protection of customer data
10.1. POKOP will collect, process and store personal and identification data of their clients. POKOP will keep this data confidential and will use it only for their own purposes as well as for the purposes that are in accordance with the Act and these General terms and conditions.
10.2. POKOP reserves the right to inform the client about the various discounts and new products and services, as well as the current offers. The client may reject such notifications via e-mail or phone.
Settlement of disputes
11.1. Disputes arising from the contract, including the disputes regarding the interpretation, application or exeution of these General terms and conditions, will be resolved amicably by POKOP and the client. In the event of a dispute, the client can submit a complaint to POKOP’s customer service department as the first instance department, and if they are not satisfied with the solution, they can submit a complaint (reclamation) in due course to the Commission for the resolution of user complaints (hereinafter: Commission) as the appellate body. However, if the parties do not resolve their disputes as described above, the competent court will be the court in Zagreb.
12.1. These General terms and conditions will be published on POKOP’s websites in accordance with the provisions applicable in the Republic of Croatia and will be available to all clients, and legal and natural persons who intend to become their business partners.
12.2. POKOP will publish and make all the amendments to these General terms and conditions available in accordance with Article 12, paragraph 1 of these Terms and conditions on the day of their publication.
The validity of the General terms and conditions
General terms and conditions of conducting business are effective upon their adoption and they render all the previous ones void, and they are valid until revoked or until new ones are drafted.
In Zagreb, 1st of October, 2015