PORT GOURMET GENERAL TERMS AND CONDITIONS

ABOUT PORT GOURMET DIRECT WEB STORE

Port Gourmet is a website dedicated to providing web store services for food and other products.
These General Terms and Conditions (hereinafter: the General Terms and Conditions) apply to the Port Gourmet web store located on the website www.port-gourmet.com and which is owned and operated by the company:

FORUS d.o.o. turistička i pomorska agencija
Dubrovnik, Mandaljenska 2
MBS: upisan kod Trgovačkog suda u Splitu, OIB: 16035996537
Kontakt adresa: Forus Yachting, Lapadska obala 18, 20000 Dubrovnik
Kontakt broj telefona: 00385 98 1300593
Kontakt e-mail: info@forusyachting.com
(hereinafter: FORUS YACHTING or Seller)

These general terms and conditions regulate the policies of purchase, payment, delivery, complaints and termination of a distance contract and all other details of the purchase.
The Consumer Protection Law, the Trade Law, the Electronic Commerce Law, the Civil Obligations Law, and other applicable regulations of the Republic of Croatia which apply to business conditions. Before using the Port Gourmet website, please read the General Terms and Conditions carefully.
If you do not agree and do not accept the rights and obligations under these General Terms and Conditions, then you may not use the Port Gourmet web store.
By using the Port Gourmet website to purchase the product, it is considered that you have fully read, understood, and accepted the rights and obligations under these General Terms and Conditions. By using the Port Gourmet web store, you agree to abide by these General Terms and Conditions and agree that they apply to you in full. These General Terms and Conditions as well as the individual terms of sale indicated with the information on certain products on the Port gourmet website represent FORUS YACHTING's offer for concluding distance contracts. The Buyer, by concluding an order or otherwise determined by these Terms, accepts them, which is considered to be a distance contract between the Buyer and FORUS YACHTING, and according to the terms of sale specified in these Terms. These General Terms and Conditions form an integral part of the distance contract if it is concluded. Each Buyer will be informed and acquainted with these General Terms and Conditions before entering a contract, in an appropriate manner. The general terms and conditions will also be sent to you by e-mail, which is a confirmation of the contract.
The General Terms and Conditions are published in Croatian, English and German. The Port Gourmet website enables customers to use the web store services in Croatian, English and German.

BUYERS

Buyers can be adult persons of age, whereby legal persons will be issued R1 invoices on request (by calling the contact phone number: 00 385 99 5223 550) By accepting these Terms, you confirm that you are over 18 years of age and that you have full legal capacity.

PERSONAL DATA AND COOKIES

Port Gourmet as the processing manager, is committed to protecting your personal data. The collection and storage of data is carried out in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: Regulation), of the Law on the application of the General regulation of data protection (NN 42/2018), and other regulations governing the subject area, which are applied in the Republic of Croatia.

When you make a purchase on the Port Gourmet web store, we process your personal data that you have entered in the web form (name, surname, e-mail, telephone number, address, delivery address) in order to identify you as a Buyer, to enter into and fulfill a one-time distance sales contract and to be able to contact you for delivery. The legal basis is the fulfillment of the sales contract in which the Buyer is a party. Also, processing is necessary in order to comply with the legal obligations of the processing manager (for example, e-mail is also necessary to fulfill the obligation to send a confirmation of the contract).

When you subscribe to the newsletter, we process your personal data that you have entered in the web form (name, surname, e-mail, gender as mandatory data, and date of birth if you wish to enter) for the purpose of informing you about Port Gourmet offers and news via e-mail. The legal basis is your consent. To ensure that there is no error or abuse when entering the e-mail address, we use the so-called Double-Opt in process (double verification): after the e-mail address is entered in the login field, FORUS YACHTING sends a confirmation link to the e-mail. Only after you have clicked on the confirmation link, your e-mail address is added to the database to send a specific Newsletter. You can withdraw your consent at any time and free of charge by e-mail to: newsletter@valamar.com. Withdrawal of consent does not affect the lawfulness of processing, based on consent before it is withdrawn.

ORUS YACHTING has the right, based on legitimate interest, to collect and use data on the e-mail address and the name and surname of all customers, as well as data on the completed purchase, for the purpose of direct marketing and exclusively for the purpose of informing about Port Gourmet offers and news via e-mail. In this case, you have the right to object to such processing, including the creation of a profile to the extent associated with such direct marketing, either in relation to initial or further processing, at any time and free of charge by e-mail to: info@port-gourmet.com.

The deadline for processing personal data for the purpose of sending a newsletter is 10 years, counting:
-from the day of the last purchase or other business relationship with Seller when newsletters are sent based on a legitimate interest,
-from the date of your consent when newsletters are sent on the basis of your consent.

Seller based on its legitimate interest, can also send customers an e-mail after each purchase with a survey and ask you to rate our service and products, if you wish. We will use the obtained data for our own needs of business analysis and service improvement.

By calling our contact phone number, we may collect your information related to the purpose of your call, for example, if it is a purchase, we will ask for your name, surname, order number so that we can respond to your request. Also, based on a legitimate interest, we keep records of calls.

FORUS YACHTING, as the processing manager, has a legitimate interest in implementing video surveillance measures in its properties in order to protect property and persons.

When you visit our Port Gourmet web store, we collect cookies (small files that are saved on your computer when accessing the Port Gourmet website to enable basic or additional functionality of these sites), and other technologies that facilitate the delivery of content depending on your areas of interest, processing purchases, analyzing the characteristics of your visits, etc. Cookies cannot be used to reveal your personal identity. You can always delete cookies stored on your computer, thus preventing further processing of your personal data through such technology. Each internet browser has its own cookie deletion process.

Regardless of the data collection, all users of our website can exercise the following rights free of charge within the limits prescribed by the Regulation: 

• The right to information
• Right to erase ("right to forget")
• The right to access data
• Right to rectification
• The right to data portability
• Right to object: when processes data based on its legitimate interests that are stronger than the interests of the respondents
• The right to restriction of processing

In any case, you also have the right to:

• submit a complaint to the Personal Data Protection Official,
• file a complaint to the supervisory body (Personal Data Protection Agency) if they believe that their rights to data protection have been violated.

FORUS YACHTING has appointed a personal data protection official who you can contact at any time via e-mail: info@port-gourmet.com or by mail to the address FORUS YACHTING, Lapadska Obala 18, 20 000 Dubrovnik, Republic of Croatia - for DPO, for issues related to personal data protection and for exercising their rights guaranteed by the General Data Protection Regulation. For more information on the processing of personal data and your rights, please see the Privacy Policy.

PRODUCTS AND PRICES

All products in the Port Gourmet web store are clearly marked, with clearly highlighted main features and to the appropriate and necessary extent, given the type of product, with clearly and unambiguously indicated prices. In the case of a semi-ready meals, instructions on preparation and preparation time will be clearly indicated. Seller reserves the right to withdraw any product from sale at any time. In such cases of undelivered and paid product, you will be refunded the full amount of money for those products that are no longer on offer, regardless of the reason for withdrawal of the product from sale, or failure to perform the service. The photos of the products offered in the Port Gourmet web store are illustrative in nature and Seller does not guarantee that the image fully corresponds to the product or service itself.

All prices are expressed in Croatian national currency, Croatian kuna (kn), and include VAT. The products are delivered at prices valid on the day of ordering as published in the Port Gourmet web store.

Prices are subject to change. Featured product prices do not include the delivery costs.

Port Gourmet can, according to its decision, offer certain products at prices lower than the prices in regular sales, ie with a special discount that is available under the same conditions to all Buyers or only to a specific group of Buyers. The conditions of special forms of sale, such as the duration of such sales, the limitation of the quantities of goods, the amount of the discount, etc., will be described in detail on the product page. After the expiration of the sale period at prices lower than the priceas in regular sales, Port Gourmet cannot accept orders under conditions relating to special forms of sale that have expired. As a seller, Seller will, in compliance with all provisions of positive regulations, periodically organize special sales of certain products, special offers of certain products that will be limited in duration, and special seasonal offers that will be available only for a certain period of time. Promotions and products will be prominently displayed, and the Buyer will be informed on the terms and duration of such sales on the product itself.

ONLINE SHOPPING

Orders can be placed online every day from 0 - 24.

Ordering process:

CART> PERSONAL DETAILS AND DELIVERY> PAYMENT AND CONFIRMATION

Detailed description of ordering process:

• 1. In the Port Gourmet online store, select the product you want to buy.
• 2. For more information about a product or service, click on the image or text of that product.
• 3. By clicking on the "ADD" button, the selected product or service is saved in your shopping cart. It is possible to change the quantity of a certain product before the product is added to the cart by pressing the "+" or "-" button.
• 4. Your shopping cart contains an overview of all the products or services you have chosen so far. Their quantity, price and total price of the product are visible.
• 5. If you want to change the quantity of an individual product in the consumer basket, click on "+" to increase the quantity of the product or "-" to decrease the quantity of the product.
• 6. If you want to remove a specific item from the shopping cart, you can do the same by clicking on the "Remove from cart X" label for the individual item.
• 7. Below the list of selected products is a field for entering a discount voucher code. After entering the voucher code (if you have one), you confirm the voucher entry by clicking the "Apply" button. After that, a new calculation of the product price and the total amount after the applied voucher will be visible.
• 8. After you have selected the desired products and their quantity, applied for the voucher if you have it, you choose the method of payment (cash on delivery or pay by card).
• 9. Then enter personal details: name, surname, e-mail, confirmation e-mail, phone number, address, city, postal code, country.
• 10. After entering personal details, you choose the delivery method: Port Gourmet point (Luka Dubrovnik - Gruž) or to the address you specify. If the shipping address is the same as the address you entered in your personal information, click on "Address and contact are the same as above". If not, fill in the address and contact and then the delivery details in the drop-down menu (day, date).
• 11. After entering the delivery information, you proceed to the payment, which depends on the previously selected payment method. If you have chosen to pay by card (Payment Gateway), you are directed to the screen where you need to fill in the card user information and finally to the "Confirm and pay" screen. If you have chosen to pay by cash, you will be taken to the "Confirm and pay" screen.
• 12. The purchase ends by selecting the "CONFIRM AND PAY" icon.
• 13. The order is considered received and accepted by Port Gourmet, at the moment when the Buyer electronically completes the purchase by selecting the icon "CONFIRM AND PAY" and Port Gourmet receives this notification.

After completing the order, you will receive an e-mail which is a confirmation of the contract, containing the order and invoice number. In the appendix, the General Terms and Conditions and invoice or order confirmation (depends on the chosen payment method) will be attached. An invoice in paper form will be delivered to you upon delivery of products.

PRODUCT DELIVERY AND COLLECTION OF PRODUCTS AT THE PORT GPURMET

Delivery to the address specified by the Buyer

At the Port Gourmet web store, the Buyer can indicate on the calendar the date for delivery. Delivery is possible every day, including Sundays and holidays.

If the courier estimates that due to some extraordinary circumstances he will not be able to deliver in the selected terms, he will inform the Buyer and agree on an alternative date and method of delivery. In any case, the Supplier will inform the Buyer by phone about the exact time of arrival, in time before the arrival. At the address specified in the order, it is necessary to ensure the presence of a person to pick up the product. If delivery cannot be realized due to insufficient access or access to the delivery address or in case there is no one to pick up the product at the delivery address, the products are not left at the address, but we will try to deliver the goods again. If in two attempts the Buyer does not take over the products, it is considered that the Buyer gives up the takeover and Seller reserves the right to unilaterally terminate the contract. In the event that the Products have been paid for, Seller will in this case return to the Buyer the amount of the value of the products within 14 calendar days after the second failed takeover. If for any reason the Buyer was not available at the delivery address or via the indicated contact number, Seller is not responsible for extending the aforementioned delivery deadlines.

Collection of goods in storage – Port Gourmet point

In addition to delivery to the specified address, Port Gourmet also allows you to pick up goods at the Port Gourmet warehouse in Dubrovnik, Port Gruž. If you choose the option to collect the goods at the Port Gourmet Takeaway point, you will arrange in advance the time of collection of the products at the designated place marked Port Gourmet, you will call the employee, who will then deliver the ordered products. In the event that you do not pick up the goods within 2 working days at the latest, it is considered that you have canceled the collection and Seller reserves the right to unilaterally terminate the distance sale contract. In the event that the products have been paid for, the money paid will be refunded in full within 14 calendar days after the expiry of the 2-day period for collecting the goods.

COMMON PROVISIONS

The products will be packed in such a way that they cannot be damaged by normal handling during transport. You are obliged to check for any damage and defects when receiving the products.

When you pick up the products, in order to ensure the quality of delivery, you are obliged to show the order confirmation/invoice and sign the delivery invoice. Since the sale of alcoholic beverages to persons under the age of 18 is prohibited, you are obliged to present a document proving your legal age upon request upon collection.

In exceptional circumstances, when there are official recommendations for the implementation of certain protection measures or Seller decides that it is good to adhere to special delivery conditions, delivery will be contactless. In that case, during the delivery to the address, the delivery person will leave the ordered products in front of the apartment / house, and timely inform the Buyer about the delivery. Also when picking up the products in storage, delivery will be done without physical contact between the Buyer and the person who delivers the products from the storage.

The risk of accidental defect or damage to the Product passes to the Buyer at the time when the Product is handed over to him or to the person he named.

PAYMENT METHODS

You can choose between two payment methods:

• 1. card via the WSPay system to which you will be redirected to make a secure payment, in which case you will immediately receive an invoice by e-mail, which you will also receive in physical form when you collect the products. Link to the pages and conditions of use of the WSPay system: https://www.wspay.info/
• 2. cash when you pick up the products, in which case you will receive an order confirmation by e-mail, and an invoice when you collect the products. 

SUBMISSION OF WRITTEN COMPLAINTS OF CONSUMER CUSTOMERS

If you are dissatisfied with the service of Port Gourmet web store or the delivered product, we will try to respond to any complaints as soon as possible, and improve our service.

In accordance with the provisions of the Consumer Protection Act, we inform Buyers - natural persons about the possibility of submitting a written complaint. Buyers can send their written complaints by e-mail to prigovori.raskidi@valfresco.com or send it by mail to the address FORUS YACHTING, Lapadska Obala 18, 20 000 Dubrovnik ., marked "Port Gourmet".

We will send you a confirmation of receipt of your complaint as soon as possible, and you will receive a written response to the received complaint no later than 15 days from the received complaint. 

LIABILITY FOR MATERIAL DEFICIENCIES

In case of material defects of the Product, Seller is responsible for them pursuant to the Civil Obligations Act.

Every Buyer has the right to complain about the delivery of the wrong product, the delivery of a product that has expired, or if the goods were delivered with a defect or damage and other similar cases. Seller is not liable for defects if they were known to the buyer at the time of concluding the contract or could not remain unknown to him.

The Buyer - the consumer is obliged to inform the Seller about the existence of defects within two months from the day when he discovered the defect, and no later than within two years from the transfer of risk to the consumer.

The Buyer may send a complaint (related to the product or dissatisfaction with the Seller's service) to the address info@port-gourmet.com or send it by mail to the address FORUS YACHTING, Lapadska Obala 18, 20 000 Dubrovnik ., marked "Port Gourmet" or by phone at 00 385 99 5223 550. In the complaint, we ask the Buyers to state the order or invoice number and the description of the complaint, so that the Seller can react to the complaint as quickly as possible. If these are products that have expired or are unusable for any other reason, we ask Buyers to send pictures of the expiration date or the entire Product.

The Buyer who has timely and duly notified the Seller of the defect and it is determined that the complaint is justified has rights under the Civil Obligations Act including the right to unilateral termination of the contract with refund or replacement for the correct product.

In this case, the return of Products that are incorrectly delivered, damaged or unusable is made at the expense of the Seller, as well as the cost of replacing the product.

All products from the Port Gourmet web store that are stored and delivered in accordance with the declared storage conditions, i.e. the manufacturer's recommendation.

The customer is not entitled to a return of an expired product that has been delivered with a valid shelf life, as well as a product with a valid shelf life if it is open and meets health safety standards.

BUYER - CONSUMER RIGHT TO UNILATERAL CONTRACT TERMINATION

Only the natural person Buyer has the right to notify the Seller within 14 days from receiving the product that he withdraws from the contract without the need to state the reasons for termination. The deadline starts the day after the product collection date. Your cost in this case will only be the cost of returning the product to the Seller. The product must be returned to the Seller no later than 14 days from the submitted request for termination of the contract (cancellation of purchase) to the address FORUS YACHTING, Lapadska Obala 18, 20 000 Dubrovnik marked “ Port Gourmet”.or e-mail address: info@port-gourmet.com. The Seller will refund the amount paid for the purchase price after receiving the product, in the same way as the goods were paid for. The product must be returned in the original packaging, unused and undamaged with the original invoice.

You do not have the right to terminate the contract unilaterally without giving a reason if:

• the subject of the contract goods whose price depends on changes in the financial market that are beyond the influence of the trader, and which may occur during the consumer's right to unilateral termination of the contract;
• he subject of the contract is perishable goods or goods which are rapidly expiring;
• the subject of the contract is sealed goods which, due to health or hygiene reasons, are not suitable for return, if they were unsealed after delivery;
• the subject of the contract are goods which, by reason of their nature, are inseparably mixed with other things after delivery.

On the Port Gourmet website, you can find a form for unilateral termination of the contract, which you can send to Port Gourmet by e-mail, about which you will receive a confirmation of receipt from FORUS YACHTING, without delay. The form can also be delivered by mail to the address FORUS YACHTING, Lapadska Obala 18, 20 000 Dubrovnik marked “ Port Gourmet”. with the indication - unilateral termination.

You can unilaterally terminate the contract without a form, through an appropriate unambiguous statement expressing your will to terminate the contract. The statement must contain the name and surname, address, telephone number or e-mail address of the Buyer, and the order number. Seller will also acknowledge receipt of such statement from the Buyer.

The Buyer is responsible for any loss of value of the goods resulting from handling of the goods, except for the handling that was necessary to determine the nature, characteristics and functionality of the goods.

INTELLECTUAL PROPERTY AND USE OF THE WEBSITE

All content published on the Port Gourmet website is owned by the company FORUS d.o.o. turistička i pomorska agencija or is otherwise legally used by FORUS d.o.o. turistička i pomorska agencija All visitors to the site are prohibited from copying or using the content of the site in any way, except as provided in these General Terms and Conditions.

Access to the Website may from time to time be prevented due to site maintenance, making improvements to the Site or any other reason or circumstance that Seller will attempt to mend as soon as possible.

When paying by card, Buyers will be redirected to the pages of our partner WS Pay system, and on these pages will adhere to their policies where they will also be able to read their general terms and/or conditions of business and privacy policy.

Also on the web store page there are links to other Seller websites where you can find more information about Seller.

DISCLAIMER

The Buyer explicitly agrees to use the web store solely at his own risk, and that Seller is in no way responsible for the Buyer's authority to enter into the contract.

Seller does not guarantee the Buyer that the use of this site will not be interrupted or that it can be used without errors at any time, nor is it responsible to the Buyers for the consequences of using this site. Disclaimer in connection with the use of this website applies to all damages, direct or indirect, or possible injuries caused by any bad features, error, exclusion, interruption, deletion, malfunction, delay in operation or transmission, computer virus, interruption in the communication line, theft, destruction or unauthorized access, alteration or misuse of records, termination of contract, misconduct, negligence, or any other act.

The user of the site explicitly confirms that Seller is not responsible for offensive, inappropriate or illegal behavior of other users or third parties and that the risk of damage that may occur as a result of this lies entirely with the end user.

Seller will not be liable for any damage that may occur as a result of use, or due to the inability to use this website. The end User expressly acknowledges that the terms of this chapter apply to the entire content of this website.

FORUS YACHTING will not be liable, regardless of the cause or duration, for any errors, inaccuracies, or other deficiencies, inadequacy or inaccuracy of the information contained on this website, as well as for any delay or interruption in the transmission of information to the end user, for any claims or losses arising therefrom. Seller will not be liable for any claims or losses of a third party, including lost profits.

Seller reserves the right to change, adapt, modify, delete or remove any content it deems inappropriate. Seller shall in no event be liable to anyone for any direct, indirect, special or consequential damages resulting from the use of this or any other website, including, without limitation, loss of profits, downtime, loss of programs or other data on your data processing systems or otherwise, even when we are expressly notified of such damages.

Seller reserves the right to immediately revoke any end-user passwords or user accounts in the event of any end-user behavior that Seller, in its sole discretion, deems unacceptable, as well as in any case of non-compliance with these Terms by the end user.

DISPUTE RESOLUTION

Seller will try to resolve all disputes with the Buyer in a peaceful manner.

Disputes within the European Union related to online shopping can be resolved through the ORS platform, which can be accessed at the following link: http://ec.europa.eu/odr

In case of failure to reach an agreement, all disputes will be resolved before the competent court as per FORUS d.o.o. turistička i pomorska agencija head office, with the application of Croatian law.

APPLICATION

These General Terms and Conditions apply from 01.05.2020.

FORUS d.o.o reserves the right to change these General Terms and Conditions at any time, without prior notice.

All changes to these General Terms and Conditions will be published on this website and the date of their entry into force will be announced.

Any changes to these General Terms and Conditions will only be effective for new orders registered after the publication of these changes on this website.