GENERAL TERMS AND CONDITIONS OF THE COMPANY Illuminor j.d.o.o.
Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement, are the property of or used under license by Illuminor. All trademarks used or referred to on this website are the property of their respective owners. Nothing contained in this site shall be construed as conferring any license or right to any copyright, patent, trademark or other right or proprietary interest of Illuminor or any third party. This site and the content provided in this site — including, but not limited to, all graphics, images, audio, video, animations, html code, buttons, and text — may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Illuminor, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.
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Interpretation of terms
Individual terms used in these General Terms and Conditions shall have the following meaning:
“Illuminor” means the company Illuminor j.d.o.o., Split, Borisa Papandopula 7, personal identification number (OIB): 13977070003, entered into the Court Register of the Commercial Court in Split under registration number (MB): 05056390.
“Client” means any natural or legal person who orders products or services from Illuminor and who is the payer of invoices issued by Illuminor;
“Services” means the products and/or services developed by Illuminor that entail conceptual and/or intellectual solutions exclusively owned by Illuminor.
“Contract” means the contract concluded between Illuminor and the Client under which the Client orders and purchases Services for the Price named in the Offer and/or the Contract. For the purposes of these Terms and Conditions, a written acceptance of the Offer by the Client shall also be considered a Contract, if the Offer contains all the essential elements of the Contract in regards to the subject matter (Services) and Price;
“Offer” means a form or any other type of document in which Illuminor specifies the type of Services, as well as their Prices, which is sent to the Client for the approval. For the purposes of these General Terms and Conditions, an email that contains all the essential elements of the Contract in regards to the subject matter (Services) and Price sent by Illuminor to the Client shall also be considered an Offer, as well as an email sent by Illuminor to the Client with the Contract proposal attached;
“Price” means the price of Services set in the Offer/and or the Contract and the Client orders and purchases Services from Illuminor at that price. It shall be explicitly mentioned that the Value added tax (hereinafter referred to as the: VAT) is not included in the Price.
“Force majeure” means an exceptional event that could not have been foreseen at the time of the acceptance of the Offer and/or the conclusion of the Contract and that was beyond the reasonable control of either party;
“Working day” means any day other than Saturday, Sunday or a public holiday in Croatia;
1.0. Illuminor shall undertake to submit the Offer to the Client for every project. The Offer shall be considered a forming part of the Contract.
1.1. The Client shall take full responsibility in making sure that the Services specified in the Offer correspond exactly to its needs at the moment of signing and accepting the Offer and/or concluding the Contract.
1.2. After the Client accepts the Offer, they shall undertake to notify Illuminor on the acceptance of the Offer in writing as quickly as possible. Upon receipt of the notification from the Client, the Contract shall be deemed concluded and the contracting parties are authorized to formally proceed with the signature of the Contract within the next 3 (three) Working days if the same is deemed necessary.
1.3. By accepting the Offer and/or concluding the Contract, the Client confirms to have read the provisions of these General Terms and Conditions and to fully understand the meaning and legal effects of the provisions concerned. In addition, by accepting the Offer and/or concluding the Contract, the Client explicitly confirms that he consents to the application of the provisions under these Terms and Conditions to the Contract.
2.1. If the contracting parties established the liability of the Client to pay the advance, Illuminor shall not be required to start the provision of the Services until the amount of the advance is paid in full by the Client and registered in the business account of Illuminor.
2.2. Illuminor shall undertake to issue an invoice to the Client for the Services provided that will show the amount of the Price, together with the corresponding VAT. Unless agreed otherwise, the due date for the payment of the invoice issued by Illuminor shall be 14 (fourteen) days starting from the day when the invoice was issued.
2.3. If the Client is late with the payment of the invoices, Illuminor shall be entitled to default interest calculated from the due date of the invoice to the day of the payment.
2.4. In the event mentioned in the previous paragraph, Illuminor is authorized to fully or partially stop the provision of the Services to the Client during the period when the Client is in default.
2.5. If the contracting parties established a discount on the basis of the Price for a certain payment method and the Client fails to use that payment method, Illuminor has the right to issue the invoice without the discount.
2.6. Illuminor shall be entitled to the reimbursement of expenses for the actual expenditure needed for the provision of the Services, as well as the reimbursement for transportation and accommodation expenses that can occur during the provision of the Services. Reimbursement for transportation expenses is calculated as 3,00 HRK per mile and is charged separately. It shall be explicitly mentioned that the relevant expenses will be rationalized as much as possible and previously agreed upon with the Client whenever possible.
2.7. It is explicitly stated that the Price shall always be related to the currency EUR, regardless of the currency stated in the Offer and/or the Contract. Illuminor shall retain the right to change the Price in case of a deviation of the foreign exchange rate of the currency EUR in comparison with the exchange rate which, in relation to the agreed currency from the Offer and/or Agreement, was valid at the time of the acceptance of the Offer and/or the conclusion of the Agreement, for more than 5%.
3.1. The contracting parties shall not be held liable for failure and/or delay in the performance of the obligations under the provisions of these General Terms and Conditions and/or the Contract, caused by reasons or circumstances that occurred after the acceptance of these General Terms and Conditions and/or conclusion of the Contract that could not have been foreseen, avoided or removed (Force Majeure).
3.2. If one of the contracting parties believes that the reasons or circumstances from the previous paragraph of this Article occurred, such party shall notify the other party in writing immediately upon it becoming known.