Welcome to our website. Please read these Terms & Conditions ( “Terms”, “Terms of Service”) carefully before using the www.fab.toys website (the “Service”, “Website”, “Site”) operated by WiseMedia, obrt (“us”, “we”, or “our”, “FAB.toys”, “FAB toys”, “WiseMedia obrt”, “WiseMedia p.o”, “WiseMedia”, “Just FAB toys”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to these Terms. If you disagree with any part of the Terms then you may not access the Service.
Information About Us
The following Terms & Conditions of Sale concern the offer and sale of products on the Website www.fab.toys, owned and maintained by:
Milutina Baraca 7, 51000 Rijeka, Croatia
Owner Gregor Bogdanović / OIB: 14705618372
WiseMedia, obrt is registered in Croatia under company number 97644048, pursuant to Article 15, par 1 and Article 17, par 1 of the Crafts Act (Narodne novine n. 143/13) at the Department of Economy, Rijeka Branch Office, Primorje-Gorski Kotar County, Croatia.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period of time.
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All texts and images are copyright of Fab.toys (WiseMedia obrt), unless otherwise stated.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors .
We are happy to share content for non-commercial purposes, on condition that you add a name, credit and link back to this Website.
Reliance On Information Posted
This Website aims to be as accurate as possible, however commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials (including without limitation warranties of merchantability and fitness for purpose) by any visitor to our Site, or by anyone who may be informed of any of its contents. In addition, we do not represent or warrant that the information accessible via this Website is accurate, complete or current. Please note that if you attempt to use any of the products made by Fab.toys, you are advised to exercise due care and attention.
Please note that when you decide to purchase goods and/or services from third parties featured on this Website, the resulting legal contract is between you and that third party and not Fab.toys. Accordingly, you should carefully review their customer terms, any email confirmations of your order from them and the applicable details on their product pages in relation to the order.
Product safety and quality are of the utmost importance to us. However, if you do decide to purchase goods and/or services from third parties following recommendation on our Website, Fab.toys can not be held responsible for any safety or quality issues arising as a result of your purchase.
Limitation Of Liability
The material displayed free of charge on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Pricing & Payment
All orders will be processed in the Euro (€). The total cost of your order is the price of the products ordered plus delivery.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Possible methods of payment include:
CREDIT/DEBIT CARD payment
We do our best to ensure that all prices on our Web site are up to date and current at all times. However, despite our best efforts some prices may at times be incorrect. Please be assured that as part of our order checking and dispatch processes we do verify our prices. In the event that the price is lower than our stated price, we charge the lower amount and still send you the product. In the event that the current price is higher than our stated price, we will contact you to discuss this. We do, however, reserve the right to withdraw the product from sale at the incorrect price and cancel your order.
All orders will be processed in Euro (€).
A distance contract is a contract concluded between Fab.toys (WiseMedia obrt) and the customer.
Order confirmation does not constitute a concluded distance contract between Fab.toys (WiseMedia obrt) and the customer.
The contract concluded outside the business premises of Fab.toys (WiseMedia obrt) and/or concluded at a distance between Fab.toys (WiseMedia obrt) and the customer is made effective with the issuance of an invoice after purchase.
The customer has the right to unilaterally terminate without justification the concluded distance contract within 14 days after issuance of invoice, in accordance with Article 72 of the Consumer Protection Act (Narodne novine n. 41/14).
Contests, Sweepstakes & Promotions
If you wish to cancel an order, you may do so by contacting us immediately. If the order has already been dispatched at the time of your cancellation request, we ask that you return the goods to us once they have been delivered, at your own cost using a traceable method at your own discretion. We cannot be responsible for any items sent back to us that do not arrive.
#Description Of Products
Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Web site are correct at the time when the relevant information was entered onto the system. Please note that all of our products are made-to-order so sometimes they can vary in appearance. This is the nature of made-to-order items and we feel this adds to their character and is not to be considered a flaw. Although we aim to keep the Web site as up to date as possible, the information, including Product Descriptions, appearing on this Web site at any particular time may not always reflect the position at the exact moment you place an order.
#Refusal Of Transaction
We reserve the right to withdraw any products from this Web site at any time and/or remove or edit any materials or content on this Web site. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Web site whether or not that product has been sold; removing or editing any materials or content on the Web site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under Croatian law you must:
Provide your real name, phone number, e-mail address, payment details and other requested information
Be over 18 years of age
Please note that PO box numbers, hotels and accommodation addresses are not acceptable
Possess a valid credit or debit card issued by a bank acceptable to us
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
When you create a customer account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you.
Links To Other Web sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fab.toys (WiseMedia obrt). Fab.toys (WiseMedia obrt) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fab.toys (WiseMedia obrt) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
These Terms shall be governed and construed in accordance with the laws of Croatia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right to modify or replace these Terms at any given time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us. These terms and conditions apply to orders placed on www.fab.toys only.