Terms of service


Version 2.1.1., March 1st 2026

STUDIOTEKA d.o.o.
Ulica Radoslava Lopašića 12A, 10000 Zagreb, Croatia
OIB: 80986001318
MBS: 081457462
Registered with the Commercial Court in Zagreb under decision no. Tt-22/36575-5 dated 12 August 2022
IBAN: HR3823600001103016368 opened with ZAGREBAČKA BANKA d.d., headquartered in Zagreb, Trg bana Josipa Jelačića 10
Director: Ante Pijaca
VAT ID: HR80986001318
EORI: HR80986001318
Website: https://cherrycargo.eu
E-mail: info@cherrycargo.eu
Telephone: +385915844972

 

1. Introductory Provisions

1.1. These General Terms and Conditions (hereinafter: the “Terms”) define the rights and obligations between the company Studioteka d.o.o. (hereinafter: the “Company”) and natural persons who conclude a consumer sales contract with the Company via the online shop available at https://cherrycargo.eu (hereinafter: the “Online Shop”), while in certain parts, and where expressly stated in these Terms, they shall also apply to all other natural and legal persons entering into contractual relationships with the Company.

1.2. These Terms apply to relationships between the Company and Customers who have the status of consumers within the meaning of the applicable Consumer Protection Act (Official Gazette No.: 19/2022, 59/2023; hereinafter: the “Consumer Protection Act”). All other relationships, including relationships with other natural and legal persons, as well as persons acting within or in connection with their registered activity, shall be governed by the provisions of the Civil Obligations Act (Official Gazette No.: 35/2005, 41/2008, 125/2011, 78/2015, 29/2018, 126/2021, 114/2022, 156/2022, 145/2023, 155/2023; hereinafter: the “Civil Obligations Act”), unless otherwise stated in these Terms.

1.3. For the purposes of these Terms, a Customer is any natural person who concludes a legal transaction or acts on the market outside their trade, business, craft or professional activity.

1.4. By accepting these Terms, the Customer confirms that they have been previously acquainted with their content, that they fully understand them, that they have been informed of all pre-contractual information in accordance with Article 60 of the Consumer Protection Act, and that they fully accept them.

1.5. The Company reserves the right to amend and supplement these Terms at any time. All amendments shall enter into force upon their publication on the Online Shop. Contracts concluded prior to the publication of amendments shall be governed by the Terms valid at the time of conclusion of the contract.

1.6. In the event that certain provisions of these Terms are finally declared null and void, the provisions of the applicable regulations of the Republic of Croatia shall apply, which law is designated as the governing law for all relationships between the Company and other persons (consumers, traders and others).

 

 

2. Subject Matter of the Terms

2.1. These Terms regulate in detail the rights and obligations of the Company and Customers in connection with ordering, purchasing, payment, delivery, receipt, complaints, unilateral withdrawal, liability for material defects of products, return conditions, complaint procedures and all other rights and obligations arising from a consumer sales contract concluded via the Online Shop. To the extent expressly provided for in these Terms, certain provisions shall also apply to all other natural and legal persons who conclude contracts with the Company or enter into other obligations in connection with the purchase of products or use of the Company’s services, whether via or outside the Online Shop.

2.2. All information, conditions and rules contained in these Terms form an integral part of every contract concluded between the Company and the Customer via the Online Shop and are binding on both contracting parties; likewise, the description of the ordered product and product photographs shall be deemed an integral part of every contract. These Terms (as well as product descriptions and photographs) also form an integral part of and bind both contracting parties not only in relation to consumer sales contracts concluded via the Online Shop, but also in relation to all other contracts or obligations concluded between the Company and other natural and/or legal persons, whether via or outside the Online Shop, to the extent that their application is provided for by these Terms or by a specific agreement of the parties.

2.3. In any case, provisions of these Terms that are drafted for the purpose of fulfilling the Company’s obligations towards consumers in accordance with the Consumer Protection Act shall not apply to relationships between the Company and other natural and/or legal persons who are not consumers. Therefore, persons who are not consumers are not entitled to invoke rights and protections granted to consumers under these Terms. If anything in these Terms suggests otherwise than stated in this paragraph (2.3.), this paragraph shall prevail and all provisions of these Terms shall be interpreted accordingly.

 

 

3. Products

3.1. The Company sells new, used, unique or custom-made products, as well as decorative items, via the Online Shop, in accordance with the product description published on the Online Shop.

3.2. All products, especially used products, are sold in the condition in which they are at the time of ordering, with clearly indicated signs of material defects (wear, damage or deficiencies), if any, in accordance with available information, photographs and product descriptions on the Online Shop.

3.3. The Company strives to provide an accurate and complete description of each product, including high-resolution photographs faithfully depicting the condition of the product, as well as all potential material defects; however, the Customer is obliged, prior to ordering, to carefully review the description and photographs and to request additional information or photographs if deemed necessary, which the Company shall provide where such requests are reasonable. The Customer acknowledges and accepts that, in the case of used and antique items, minor deviations in colour, patina, degree of wear or other characteristics may occur, as reasonably expected given the nature of such products. The product description and all photographs, as well as these Terms, are binding and form an integral part of the sales contract concluded by the Customer (and other natural and/or legal persons) with the Company via the Online Shop.

3.4. The product description may include terminology such as “attributed to”, “in the style of”, “circle of”, “in the manner of”, “after”, or “workshop of”, and similar expressions, which indicate an opinion and do not constitute a guarantee of authorship, exact age, school or style of the item. The use of such expressions cannot be subject to subsequent complaints nor constitute grounds for contract termination. The use of expressions indicating uncertainty (e.g. “probably”, “presumably”) does not provide any guarantee and cannot be subsequently contested. The above applies both to consumer and non-consumer contractual relationships.


 

 

4. Prices and Tax Obligations

4.1. All product prices displayed in the Online Shop are expressed in euros (EUR) and, depending on the delivery address or the Customer’s geolocation, include value added tax (VAT) at the applicable rate of the Republic of Croatia or at the applicable rate of the Member State of the European Union to which the product is delivered, in accordance with the rules of the OSS (One Stop Shop) system. For markets outside the European Union, prices may be expressed in euros (EUR) or in the local currency of the respective market.

4.2. The Online Shop system uses a technical functionality of automatic recognition of the Customer’s location (geolocation) and calculates and displays VAT according to the selected or automatically detected delivery address. The Company shall not be liable for any errors resulting from incorrect input of the delivery address or incorrect geolocation detection.

4.3. For used products, the Company reserves the right to apply a special margin taxation scheme, in accordance with the applicable tax regulations of the Republic of Croatia. In such case, VAT shall be calculated and presented in accordance with the special rules for margin taxation, and information on the application of such special regime shall be clearly indicated in the offer, invoice or product description.

4.4. Delivery costs are not included in the product price, unless expressly stated otherwise. The final amount payable, including applicable VAT and all delivery costs, shall be presented to the Customer prior to order confirmation. In addition, Customers shall bear any import duties and customs charges locally, unless otherwise specified.

4.5. The Company reserves the right to change product prices at any time without prior notice. Such changes shall not affect contracts that have already been concluded and confirmed prior to the price change.

4.6. In the event of an obvious error in the display of the product price (for example due to a technical or typographical error), the Company reserves the right to cancel the respective order, of which the Customer shall be notified without delay, and to refund any amounts paid.

 

 

5. Payment Methods

5.1. The Customer may make payment for ordered products using one of the following payment methods available in the Online Shop at the time of order completion:

credit and debit cards (Visa, Mastercard, American Express, Maestro);
digital wallets and fast online payment systems (Shop Pay, Apple Pay, Google Pay);
local payment methods, including but not limited to Bancontact (Belgium), iDeal (Netherlands) and Klarna.

5.2. The Customer is obliged to ensure the accuracy and completeness of all data entered during payment and warrants that they are authorised to use the selected payment method.

5.3. The Company shall not be liable for any additional costs that may be charged by the payment service provider (bank or card operator) in connection with the execution of the transaction.

5.4. Payment shall be deemed completed when the full amount of the order has been received in the Company’s account. Until confirmation of receipt of full payment, the Company shall not be obliged to commence processing or delivery of the order.

5.5. If payment is not received within the period specified in the ordering process, the Company reserves the right to cancel the order, of which the Customer shall be notified.

5.6. In order to prevent fraud and misuse, the Company reserves the right to carry out additional checks and temporarily suspend order processing until confirmation of the validity of the transaction and the identity of the Customer.

 

 

6. Conclusion of the Contract

6.1. By publishing products in the Online Shop, the Company invites Customers to submit offers for the conclusion of a sales contract. The displayed information on products, including description, price, availability and delivery costs, constitutes an invitation to make an offer and not a binding offer of the Company, as the quantities of goods available are generally limited.

6.2. By placing an order via the Online Shop, the Customer submits a binding offer to the Company to conclude a sales contract for the product in accordance with the terms defined in the order and these Terms.

6.3. The sales contract shall be deemed concluded at the moment when the Company sends the Customer a confirmation of acceptance of the order by e-mail or other appropriate means of communication. An automatically generated confirmation of receipt of the order shall not be considered a confirmation of acceptance of the offer and shall not constitute the conclusion of a contract.

6.4. The Company reserves the right, at its sole discretion, to refuse or cancel an order, in particular in cases where:

the ordered product is no longer available,
there is suspicion of misuse or unauthorised use of payment means,
an obvious error in the price or product description has been identified,
the Customer has not made payment within the prescribed period,
other circumstances which the Company considers relevant;

6.5. In the event of cancellation of an order after payment has been made, the Company shall refund all amounts paid to the Customer as soon as possible, using the same method of payment, unless otherwise agreed with the Customer.

6.6. The Company provides customer support during and after the purchase in the form of correspondence via e-mail: info@cherrycargo.eu, chat in the Online Shop and, where necessary, by telephone at: +385915844972.

6.7. The contract is concluded in the Croatian language and shall be deemed to have been concluded in the territory of the Republic of Croatia, and Croatian law shall apply to all relationships arising therefrom.

6.8. In addition to Customers with consumer status, all provisions of this Article shall also apply to sales contracts concluded via the Online Shop between the Company and all other natural and/or legal persons.

 

 

7. Delivery of Products

7.1. Delivery of products shall be made to the address specified by the Customer when placing the order. The Customer bears sole responsibility for the accuracy and completeness of the delivery address.

7.2. The delivery period depends on product availability, the delivery address and the selected delivery method. Delivery times are indicative in nature and do not constitute an essential element of the contract, unless the Company expressly undertakes to deliver within a specified period.

7.3. The Company shall make reasonable efforts to ensure delivery of products within the stated timeframe, but shall not be liable for delays caused by the delivery service or other circumstances which the Company could not prevent, avoid or eliminate.

7.4. The Company strives to ensure safe and reliable delivery of products worldwide, taking into account product protection and the efficiency of the shipping process. Most orders are dispatched within 72 hours from order confirmation, while larger or more complex shipments may require 5 to 7 working days for preparation of secure delivery.

7.5. Delivery costs are automatically calculated at checkout, depending on the size, weight and delivery address. When ordering multiple products, delivery costs are combined automatically.

7.6. The Company provides various delivery methods, including standard postal delivery with average delivery times of 7 to 15 working days for the USA/Canada, 10 to 18 working days for Asia and the Middle East, and 5 to 10 working days for the EU/EEA, as well as freight delivery with average delivery times of 1 to 2 weeks for air freight transport and 1 to 2 weeks for road freight transport within the EU.

7.7. Additional information on delivery times, delivery combinations, packaging conditions, available services and a more detailed description of the overall delivery process is available at the following link: https://cherrycargo.eu/policies/shipping-policy

7.8. If delivery is not possible due to an incorrect address or the absence of the Customer, the Customer shall bear the costs of re-delivery. If the Customer fails to collect the shipment despite notification of a delivery attempt, the Company reserves the right to terminate the contract and retain the amount of actual costs incurred in connection with the delivery and return of the product.

7.9. Delivery shall be deemed completed at the moment when the product is handed over to the Customer or to a person authorised to receive it at the delivery address.

7.10. The provisions of this Article shall also apply to deliveries made to natural and/or legal persons who are not consumers.

 

 

8. Transfer of Risk and Ownership

8.1. The risk of accidental loss or damage to the product shall pass to the Customer at the moment when the Customer or a third party designated by the Customer to receive the product, who is not the carrier, takes possession of the product or when the product is delivered to them. If the taking over/delivery of the product is not carried out due to delay on the part of the Customer, the risk shall pass to the Customer at the moment the Customer falls into delay.

8.2. If the Customer organises transport themselves, the risk shall pass to the Customer at the moment the product is handed over to the carrier.

8.3. Ownership of the product shall pass to the Customer only after the Company has received full payment of the purchase price, including all related costs, and after the product has been delivered in accordance with these Terms.

8.4. Until ownership of the product has passed to the Customer, the Customer shall not be entitled to sell, assign, encumber, pledge or otherwise dispose of the product without the prior written consent of the Company.

8.5. If the Customer fails to fulfil their payment obligations, the Company reserves the right to request the return of delivered products at the Customer’s expense.

8.6. The provisions of this Article shall also apply to all natural and/or legal persons who conclude a sales contract with the Company via the Online Shop or outside it, unless otherwise agreed.

 

 

9. Right of Withdrawal from the Contract

9.1. A Customer who has the status of a consumer within the meaning of the Consumer Protection Act has the right, without stating reasons, to withdraw from a contract concluded via the Online Shop within 14 (fourteen) days from the day when the Customer or a third party designated by the Customer, who is not the carrier, has taken possession of the product.

9.2. If the Customer has ordered multiple products in one order which are delivered separately, the withdrawal period shall begin from the day when the Customer or the third party designated by the Customer has taken possession of the last product from that order.

9.3. If a product consisting of several items or shipments is delivered, the withdrawal period shall begin from the day when the Customer or the third party designated by the Customer has taken possession of the last item or shipment of the product.

9.4. In order to exercise the right of withdrawal, the Customer must, before the expiry of the withdrawal period, unequivocally inform the Company of their decision to withdraw from the contract, by means of the withdrawal form or another unequivocal statement sent to the Company’s e-mail address or business address. The withdrawal form is available to the Customer on the Online Shop and is also delivered to the Customer together with the order acceptance confirmation.

9.5. The Customer shall be deemed to have exercised their right of withdrawal in due time if the notice of withdrawal is sent before the expiry of the period referred to in point 9.1 of these Terms.

9.6. In the event of withdrawal, the Company shall, without undue delay and no later than 14 (fourteen) days from the day it is informed of the Customer’s decision to withdraw from the contract, refund all payments received from the Customer, including delivery costs (but only the costs of delivery to the Customer, while pursuant to Article 9.10 of these Terms the Customer shall bear the costs of returning the product in the event of withdrawal), except for additional costs resulting from the Customer’s choice of a type of delivery other than the least expensive standard delivery offered by the Company.

9.7. The refund shall be made using the same means of payment as used by the Customer, unless expressly agreed otherwise, without any cost to the Customer.

9.8. The Company shall not be obliged to make the refund within the period referred to in point 9.6 until it has received the returned product or until the Customer has provided proof that the product has been sent back to the Company, whichever occurs first. The Company reserves the right to withhold the refund in the event of doubt regarding the authenticity of the provided proof that the product has been sent back to the Company, until the Company has received the returned product.

9.9. The Customer shall return the product without undue delay and no later than 14 (fourteen) days from the day on which they informed the Company of the withdrawal. The Customer shall be deemed to have fulfilled this obligation in due time if the product is sent before the expiry of the aforementioned period.

9.10. The direct costs of returning the product shall be borne by the Customer, and such return costs are approximately equal to the delivery costs incurred by the Company in delivering the product to the Customer.

9.11. The Customer shall be liable for any diminished value of the product resulting from handling of the product, except for that which was necessary to establish the nature, characteristics and functioning of the product.

9.12. The right of withdrawal shall be excluded in cases provided for by the Consumer Protection Act, including, but not limited to:

  • a fully performed service contract for which the consumer is obliged to pay the price, where performance has begun with the consumer’s prior express consent and acknowledgement that they will lose the right of withdrawal if the service is fully performed

  • goods the price of which depends on fluctuations in the financial market beyond the control of the trader, which may occur during the withdrawal period

  • goods made to the consumer’s specifications or clearly personalised

  • perishable goods or goods with a short shelf life

  • sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery

  • goods which, after delivery, due to their nature, are inseparably mixed with other items

  • the supply of alcoholic beverages, the price of which was agreed at the time of contract conclusion and delivery may take place only after 30 days, if the price depends on market fluctuations beyond the control of the trader

  • where the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repairs or maintenance, provided that if, during such a visit, the trader provides additional services or delivers goods other than those necessary for the urgent repairs or maintenance, the consumer shall have the right of withdrawal in respect of those additional services or goods

  • the supply of sealed audio or video recordings or computer software which have been unsealed after delivery

  • the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications

  • contracts concluded at a public auction

  • the provision of accommodation services not intended for residential purposes, transport of goods, vehicle rental services, catering services or services related to leisure activities, where the contract provides for a specific date or period of performance

  • the supply of digital content not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and acknowledgement that they thereby lose the right of withdrawal, and the trader has provided confirmation of the concluded contract in accordance with Article 67 or Article 76 of the Act

  • where the consumer has specifically requested a visit by the trader for the purpose of providing repair services for which a price is payable, and the contract, the performance of which has begun with the consumer’s prior express consent, has been fully performed

9.13. The provisions of this Article shall apply exclusively to Customers who have the status of consumers within the meaning of the Consumer Protection Act. Natural and/or legal persons who do not have consumer status shall not have the right of withdrawal in accordance with this Article nor may they invoke the provisions of the Consumer Protection Act in this respect.

 

 

10. Liability for Material Defects

10.1. The Company shall be liable to Customers who have the status of consumers for material defects of products in accordance with the Civil Obligations Act, the Consumer Protection Act and these Terms.

10.2. Pursuant to the Civil Obligations Act, a material defect of a product exists in the following cases:

  • if the product does not correspond to the description, type, quantity and quality or lacks functionality, compatibility, interoperability and other characteristics as stipulated in the sales contract

  • if the product is not fit for the specific purpose for which the Customer acquires it, and which the Customer made known to the Company at the latest at the time of conclusion of the contract, and for which the Company has given its consent

  • if the product is not delivered with all accessories and instructions, including installation instructions, as stipulated in the sales contract

  • if the product is not delivered with updates as stipulated in the sales contract

  • if the product is not fit for the purposes for which goods of the same type are normally used, taking into account all regulations of the European Union and the Republic of Croatia, technical standards or, if none exist, applicable codes of conduct

  • if the product does not correspond to the quality and description of the sample or model made available by the Company to the Customer prior to the conclusion of the contract

  • if the product is not delivered with accessories, including packaging, installation instructions or other instructions, which the Customer may reasonably expect to receive

  • if the product does not correspond to the quantity or does not possess the characteristics and features, including durability, functionality, compatibility and safety, which are usual for goods of the same type and which the Customer may reasonably expect given the nature of the goods and any public statements made by the Company or another person in earlier stages of the transaction chain

  • if the product has been incorrectly installed or assembled, and the installation or assembly service forms part of the sales contract and was performed by the Company or a person for whom it is responsible

  • if the product which the Customer was required to install themselves was incorrectly installed due to deficiencies in the instructions provided by the Company

10.3. The Company shall not be liable for defects if, at the time of conclusion of the contract, they were known to the Customer or could not have remained unknown to the Customer, unless the Company stated that the product has no defects or that it has certain characteristics.

10.4. The Company shall in no case be liable for material defects of products which are stated in the product description or visible in the product photographs, since the description and photographs are considered an integral part of the sales contract concluded between the Customer and the Company via the Online Shop. In this respect, such defects shall be deemed to have been known to the Customer or could not have remained unknown to them.

10.4. A Customer who is a consumer is not obliged to inspect the product upon receipt but is obliged to notify the Company of visible and hidden defects within two months from the day the defect was discovered, and at the latest within two years from the transfer of risk to the Customer, under penalty of loss of rights.

10.5. In the case of used products, the Company and the Customer agree on a shorter objective period for notification of material defects, namely a period of one year, under penalty of loss of rights.

10.6. If a hidden defect is discovered after receipt of the product, the Customer is obliged to notify the Company of the defect within two months from the date of discovery.

10.7. A Customer who has duly notified the Company of a defect has the right to request:

  • removal of the defect

  • delivery of another product without defects

  • a proportional reduction of the price

  • withdrawal from the contract if the defect is not insignificant and if repair or replacement has not been carried out within a reasonable period or without significant inconvenience to the Customer

10.8. The rights referred to in paragraph 10.6 shall be exercised in the prescribed order: primarily repair or replacement, and only if this is not possible or not carried out within a reasonable period, the Customer may request a reduction of the price or withdrawal from the contract. The Customer shall not have the right to withdraw from the contract if the defect is insignificant.

10.9. The Company shall be entitled to refuse to remedy the defect if repair and replacement are impossible or would cause disproportionate costs, taking into account all circumstances, in particular the value of the item without the defect, the significance of the defect and whether repair or replacement can be carried out without significant inconvenience to the Customer.

10.10. The provisions of this Article shall apply exclusively to Customers with consumer status.

10.11. By accepting these Terms, all natural and/or legal persons who do not have the status of consumers expressly accept and confirm that they are fully aware that the Company’s liability for material defects of products is entirely excluded. They agree to this provision freely and without additional conditions. Notwithstanding the foregoing, the Company shall be liable for material defects if it was aware of the defect and intentionally concealed it.

10.12. The Company does not provide a commercial guarantee to the other contracting party in any case.

 

 

11. Consumer Complaint Procedure

11.1. A Customer who has the status of a consumer within the meaning of the Consumer Protection Act has the right to submit a written complaint to the Company regarding a purchased product, a provided service or the Company’s business operations.

11.2. A complaint may be submitted in one of the following ways:

  • in writing to the address: Studioteka d.o.o., Ulica Radoslava Lopašića 12A, 10000 Zagreb, Croatia

  • by e-mail to: info@cherrycargo.eu

11.3. When submitting a complaint, the Customer is obliged to clearly and comprehensibly provide the following information:

  • full name

  • address for delivery of the response

  • order number or other relevant data regarding the purchased product or provided service

  • a detailed description of the reason for the complaint

11.4. If the complaint is submitted by e-mail, it shall be deemed submitted at the moment it is received on the Company’s e-mail server. If the complaint is sent by post, it shall be deemed submitted on the day the registered mail is handed over to the authorised postal operator.

11.5. The Company is obliged to confirm receipt of the complaint without delay, and such confirmation shall be delivered to the Customer via the same address or communication channel through which the complaint was received.

11.6. The Company shall respond to the complaint in writing no later than 15 (fifteen) days from the date of receipt of the complaint. The response shall be delivered to the address or e-mail address provided by the Customer in the complaint.

11.7. The Company shall keep a record of received complaints on a durable medium for at least one year from the date of receipt of the consumer complaint, in accordance with the applicable Consumer Protection Act.

11.8. The submission of a complaint shall not affect the Customer’s right to initiate judicial or other appropriate proceedings for the protection of their rights.

11.9. The right to submit a complaint under this Article is granted exclusively to Customers who have the status of consumers within the meaning of the Consumer Protection Act. Natural and/or legal persons who do not have consumer status shall not have the right to submit a complaint under this Article nor may they invoke the provisions of the Consumer Protection Act in this respect.

 

 

12. Force Majeure and Liability of the Company

12.1. The Company shall fulfil its obligations towards Customers in accordance with applicable laws and these Terms, but shall not be liable for damage arising from use of the product contrary to its intended purpose, improper use, or failure to follow instructions for use, maintenance or storage of the product.

12.2. The Company does not provide commercial guarantees and does not guarantee specific conditions of use that exceed the ordinary purpose of products of the same type, unless expressly confirmed in writing.

12.3. The Company shall not be liable for indirect, consequential or non-material damage, including but not limited to loss of profit, loss of revenue, business interruption, loss of business opportunity or loss of data, except where such damage has been caused intentionally or by gross negligence of the Company.

12.4. The Company is not the manufacturer of the products within the meaning of the provisions of the Civil Obligations Act governing liability of the manufacturer for damage caused by defective products, unless otherwise provided by law or where the Company, by importing or labelling the product with its name or trademark, assumes liability as a manufacturer.

12.5. In accordance with the foregoing, the Company shall not be liable for damage that may arise to the Customer or third parties due to product defects, unless such liability is expressly prescribed by law.

12.6. The Company shall not be liable for non-performance or delay in the performance of its obligations caused by a force majeure event.

12.7. Force majeure within the meaning of these Terms includes all circumstances beyond the reasonable control of the Company that prevent or significantly hinder the performance of obligations, and the consequences of which could not have been avoided even with the exercise of due care and reasonable means. Such circumstances include, but are not limited to:

  • natural disasters (floods, earthquakes, storms)

  • fires

  • war

  • terrorist attacks

  • civil unrest

  • epidemics and pandemics

  • import or export bans

  • labour disputes and strikes

  • shortages of energy or key raw materials

  • decisions and measures of competent public authorities

12.8. In the event of force majeure, the Company shall notify the Customer without delay of the occurrence of such an event and indicate its foreseeable impact on the performance of obligations. The performance of the Company’s obligations shall be postponed for the duration of the force majeure event and for a reasonable period necessary to resume normal performance.

12.9. If the force majeure event continues uninterrupted for more than 60 days, either contracting party shall have the right to terminate the contract by written notice to the other party, without the right to claim damages on that basis, except for the obligation to settle obligations incurred up to the date of termination.

 

 

13. Governing Law and Dispute Resolution

13.1. All relationships between the Company and Customers arising out of or in connection with these Terms, as well as all sales contracts concluded via the Online Shop, shall be governed by the law of the Republic of Croatia, excluding conflict of law rules that would refer to the application of the law of another state.

13.2. The Company and the Customer undertake to resolve any disputes or disagreements arising out of or in connection with these Terms amicably, through negotiations and mutual agreement, with the aim of reaching a mutually acceptable solution.

13.3. If an amicable resolution is not possible, the court having subject-matter jurisdiction at the seat of the Company, which at the time of drafting these Terms is Zagreb, shall have jurisdiction.

13.4. The provisions of this Article relating to governing law and jurisdiction shall apply to all contractual relationships entered into by the Company, regardless of whether the other party is a consumer, trader, natural person or legal entity, and regardless of whether the contract is concluded via or outside the Online Shop.

13.5. A Customer who has the status of a consumer has the right, in accordance with the Consumer Protection Act and special regulations governing alternative dispute resolution, to initiate alternative consumer dispute resolution proceedings before an authorised ADR body in the Republic of Croatia, provided that the Company agrees to participate in such proceedings.

13.6. The Company is not obliged, but may voluntarily agree to participate in alternative dispute resolution proceedings in a specific case, if it considers such participation justified, and shall inform the consumer thereof within 20 working days from receipt of the request.

13.7. For the purposes of submitting complaints and disputes online, a Customer who has the status of a consumer may use the European Commission’s Online Dispute Resolution platform (ODR platform), which is active until 19 July 2025, but no longer accepts new complaints. Notwithstanding the foregoing, the consumer may identify new dispute resolution bodies via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2 and select one of the following bodies which, at the time of drafting these Terms, are engaged in alternative dispute resolution for goods in Croatia:

  • Centre for Mediation of the Croatian Chamber of Trades and Crafts

  • Centre for Mediation at the Croatian Chamber of Economy

  • Centre for Mediation at the Croatian Mediation Association

  • PROFI TEST d.o.o., Mediation Centre “Medijator”

  • Court of Honour of the Croatian Chamber of Trades and Crafts

  • Court of Honour at the Croatian Chamber of Economy

 

 

14. Final Provisions

14.1. These Terms, together with all special conditions, notices, statements, technical specifications, price lists, information, product descriptions and photographs, and all other documents published within the Online Shop, delivered to the Customer or expressly accepted by the Company and the Customer, constitute the complete, comprehensive and exclusive legal framework governing all mutual rights and obligations between the Company and the Customer. The foregoing also applies to all other contractual relationships entered into by the Company with other natural and/or legal persons.

14.2. If any provision of these Terms is declared null and void, unlawful or unenforceable by a competent court or other authority, such invalidity, unlawfulness or unenforceability shall not affect the validity, legality and enforceability of the remaining provisions. In place of such provision, a valid, lawful and enforceable provision shall apply which most closely reflects the economic and legal purpose of the original provision.

14.3. Failure, partial failure or delay in exercising any right or authority under these Terms shall not be deemed a waiver of such right or authority, nor shall it affect the Company’s right to require full performance at any time.

14.4. These Terms are drawn up and shall be interpreted in accordance with the applicable legal framework of the Republic of Croatia.

14.5. In the course of its business operations, the Company processes certain personal data of data subjects and therefore refers data subjects to information on the processing of personal data available at: https://cherrycargo.eu/policies/privacy-policy (Privacy Policy), and information on the use of cookies available at: https://cherrycargo.eu/pages/cookies-policy (Cookies Policy).

14.5. The Company reserves the right to amend and supplement these Terms at any time in accordance with applicable regulations. All amendments shall enter into force on the date of their publication on the Online Shop, unless expressly provided otherwise. Contracts concluded prior to the publication of amendments shall be governed by the Terms applicable at the time of conclusion of the contract.

14.6. The Customer confirms that, prior to concluding the contract, they have carefully read, understood and fully accepted the provisions of these Terms and that they have been informed of all rights and obligations arising therefrom. These Terms are fully binding on both the Customer and the Company, unless otherwise agreed in a separate contract.

14.7. The provisions of this Article shall apply to all contractual and other obligations entered into by the Company, regardless of whether the other party is a consumer or another natural and/or legal person.

14.8. These Terms shall enter into force and apply from the date of their publication on the Online Shop and shall remain in force until amended or withdrawn by the Company.

14.9. In the event of ambiguity or interpretation, the version of the Terms published on the Online Shop in the Croatian language shall prevail. All communication between the Company and the Customer shall be conducted in Croatian or English.