Terms of service

OVERVIEW
Welcome to Monci! The terms “we”, “us”, and “our” refer to Monci. Monci operates this online store and website, including all related information, content, functionality, tools, products, and services, to provide you, the customer, with a thoughtfully designed shopping experience (collectively, the “Services”). Monci uses the Shopify platform, which enables us to provide the Services.
These terms, together with all rules and policies referred to in them (collectively, the “Terms of Service” or “Terms”), govern your rights and obligations when using the Services.
Please read these Terms carefully because they contain important information about your rights and obligations, including statutory liability for defects, limitations of liability, and dispute resolution.
By visiting, interacting with, or using the Services, you confirm that you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Services. Nothing in these Terms limits the rights granted to consumers under the mandatory laws of the Republic of Croatia and the European Union.

SECTION 1 – ACCESS AND USER ACCOUNTS
By accepting these Terms, you confirm that you are of legal age and have legal capacity under applicable law. If you allow a minor under your parental or guardianship responsibility to use the Services on a device you own or control, you are responsible for that use to the extent permitted by law.
To use the Services, including browsing the store and purchasing products or services, we may ask you for certain information, such as your email address and the details needed for billing, payment, and delivery. You confirm that all information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for protecting your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your user account to another person.

SECTION 2 – OUR PRODUCTS
We have made reasonable efforts to display the products and services in our online store as accurately as possible. However, colours, textures, dimensions, and other visual elements may appear differently depending on your device, screen, and display settings.
Product photographs and representations are provided for information. This does not affect our statutory guarantees and liability for goods conforming to the contract, description, sample, or model, or any other consumer rights.
We may change product descriptions where necessary. We may discontinue a product and, where there is a justified reason, limit the quantity of products available to a particular customer, geographic area, or market. These changes do not affect orders already accepted unless otherwise permitted by applicable law.

SECTION 3 – ORDERS
By placing an order, you make an offer to purchase the selected products or services. After receiving the order, we may send an automated acknowledgement; that acknowledgement alone does not necessarily mean that the order has been accepted. A contract is formed when we expressly confirm acceptance of the order or dispatch the product, depending on the process shown during purchase.
We reserve the right to refuse an order for a justified reason, such as product unavailability, an obvious pricing or description error, inability to authorise payment, suspected fraud, or a breach of these Terms. We will notify you of the refusal, change, or cancellation using the details you provided and in accordance with applicable law.
Please check all information carefully before placing your order. We will try to process a request to change or cancel an order if it has not yet been prepared or dispatched, but this is not always possible.
Returns, exchanges, and complaints are governed by our Refund and Complaints Policy, which cannot limit statutory consumer rights.
Consumers generally have the right to withdraw from a distance contract without giving a reason within 14 days, except where a statutory exception applies. Instructions, the form, and the withdrawal function are available on our Delivery and returns page. After an online withdrawal is submitted, we will promptly send confirmation of receipt on a durable medium.
You confirm that you are purchasing products for personal or household use and not for unauthorised commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotional offers may change without prior notice. The price applicable to an order is the price displayed when the order is placed and stated in the order confirmation, except in the case of an obvious error that we must correct in accordance with applicable law.
Consumer prices are shown in euros and include all applicable taxes and charges. Delivery, handling, customs, or import charges, where applicable and capable of advance calculation, will be clearly displayed before you place the order. Where they cannot be calculated in advance, you will be informed that additional charges may arise.
Prices in the online store may differ from prices at other points of sale or on third-party platforms. Specific promotions may have their own terms. Where the terms of a particular promotion conflict with these Terms, the promotion’s specific terms apply, provided they do not conflict with mandatory law.
You agree to provide accurate, complete, and current information required for purchase, payment, and your user account and to update it promptly, including your email address and payment details.
You confirm that you are authorised to use the payment method provided, that the payment details are correct, and that you will pay the total order amount, including clearly displayed delivery charges and other applicable fees.

SECTION 5 – DISPATCH AND DELIVERY
Delivery times shown in the store are estimates unless a particular deadline is expressly stated to be guaranteed. We are not responsible for delays caused by events outside our reasonable control, but we will inform you of a significant delay and enable you to exercise the rights available to you under applicable law.
The risk of accidental loss of or damage to a product passes to a consumer when the consumer, or a third party appointed by the consumer other than the carrier, physically receives the product. If the consumer independently selected a carrier that the merchant did not offer, the risk may pass when the product is handed to that carrier, in accordance with applicable law.

SECTION 6 – INTELLECTUAL PROPERTY
The Services, including trademarks, names, text, displays, photographs, graphics, product reviews, videos, audio recordings, and their design, selection, and arrangement, belong to Monci, its affiliates, or licensors and are protected under applicable Croatian, European Union, and international copyright, trademark, and other intellectual-property laws.
You may use the Services solely for personal and non-commercial purposes. Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit materials from the Services, except where expressly permitted by law or these Terms.
Nothing in these Terms grants you a licence or other right to any patent, trademark, copyright, or other intellectual property belonging to Monci, Shopify, or a third party unless expressly stated. All rights not expressly granted are reserved.
The Monci name, logos, product and service names, designs, and slogans are trademarks or other protected features belonging to Monci or its affiliates or licensors. You may not use them without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans belong to Shopify. Other marks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS
As part of the Services, we may provide access to third-party tools that we do not monitor and over which we have no control or influence.
Such tools are provided “as is” and “as available”, without additional warranties or endorsement from us, except for rights that cannot be excluded by law. To the fullest extent permitted by law, we are not liable for damage arising solely from the use of an optional third-party tool.
You use third-party tools at your own discretion and risk and must review and accept the provider’s terms before use.
We may offer new functionality, tools, and resources in the future. They will be considered part of the Services and subject to these Terms unless separate terms are stated.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials, embedded functionality, and links to websites operated by third parties. We do not necessarily monitor their content, availability, security, or accuracy. If you choose to access such content or sites, you do so at your own risk.
To the fullest extent permitted by law, we are not responsible for damage connected with access to third-party websites or with the purchase or use of their products, services, resources, or content. Read their policies and terms carefully before entering into a transaction. Direct complaints and questions about third-party products or services to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Monci uses Shopify’s platform to provide the Services. However, sales contracts and purchases in our store are made directly between you and Monci. Shopify is not the seller of Monci products and, to the extent permitted by applicable law, is not responsible for the sales relationship between you and Monci, including injury, damage, or loss arising from purchased products or services. This provision does not affect any rights you may have directly against Shopify under applicable law.

SECTION 10 – PRIVACY POLICY
The processing of personal information we collect through the Services is governed by our Privacy Policy. Certain processing may also be governed by Shopify’s privacy policy for app users, available here. By using the Services, you confirm that you are aware of these policies.
Because the Services use Shopify’s infrastructure, Shopify may collect and process certain personal information connected with your access to and use of the Services for their provision, security, and improvement. Information you provide may be transferred to Shopify and other processors or recipients, including recipients outside your country of residence, only where an appropriate legal basis and safeguards apply. Details of how Monci, Shopify, and our partners process personal information are set out in our Privacy Policy.

SECTION 11 – FEEDBACK
If you send, upload, publish, or otherwise provide us with ideas, suggestions, comments, reviews, plans, or other content (collectively, “Feedback”), you grant us a non-exclusive, perpetual, worldwide, transferable, sublicensable, royalty-free licence to use, reproduce, adapt, publish, distribute, and display that Feedback in any medium and for any lawful purpose, including commercial use, to the extent that you have the right to grant such a licence.
You confirm that: (i) you own the necessary rights or have the necessary permissions; (ii) you have disclosed any compensation or incentive received in connection with providing the Feedback; and (iii) the Feedback does not violate these Terms or third-party rights.
Unless the law requires otherwise, we are not obliged to treat Feedback as confidential, pay compensation for it, or respond to it.
We may, but are not obliged to, monitor, edit, or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, pornographic, obscene, infringes intellectual-property rights, or is otherwise objectionable.
Feedback must not infringe copyright, trademarks, privacy, personality rights, or other third-party rights; contain unlawful, abusive, or obscene content; contain computer viruses or other malicious code; or misrepresent the identity or origin of the content. You are responsible for the content and accuracy of the Feedback you provide.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, delivery charges, transit times, or availability.
We have the right to correct an error, inaccuracy, or omission and update information. If an error materially affects an order already placed, we will inform you and act in accordance with applicable law, including allowing you to confirm the corrected terms or issuing a refund where applicable. This provision does not give us the right to unilaterally reduce statutory consumer rights.

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use the Services directly or indirectly: (a) for an unlawful or malicious purpose; (b) to violate international, European, national, or local law; (c) to infringe our intellectual-property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate, or discriminate against an employee or another person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send unsolicited advertising or promotional material, including spam, chain letters, or similar solicitations; (h) to impersonate another person or entity; or (i) in a manner that restricts or inhibits another person’s use of the Services, harms Monci, Shopify, or users, or exposes them to liability.
You must also not: (a) transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services without authorisation; (c) collect or track another person’s personal information without authorisation; (d) conduct spam, phishing, pharming, impersonation, or similar fraudulent activity; (e) use robots, spiders, scraping or data-extraction tools, automated devices, processes, or artificial-intelligence tools to access the Services contrary to these Terms, technical instructions, or applicable law; or (f) interfere with, bypass, or overcome security and authorisation mechanisms, robot rules, or other access-control measures.
If we determine that these Terms have been breached, we may proportionately restrict, suspend, or terminate access to the Services, subject to applicable law and prior notice where required.

SECTION 14 – AGENTS
14.1. This section (“Agent Terms”) applies when you use, permit, enable, or cause the deployment of an Agent that accesses, uses, or interacts with the Services. “Agent” means software or a service that autonomously or semi-autonomously takes actions on behalf of or at the direction of a person or entity and may run on a device or on a person’s behalf without immediate supervision.
14.2. An Agent may access the Services only if it identifies itself at all times and complies with the requirements in clause 14.4. An Agent must not access the Services if we have expressly requested that it stop accessing or interacting with them, provided that request is lawful.
14.3. We may use technical and other proportionate measures to restrict whether and how an Agent may access, use, or interact with the Services.
14.4. An Agent must: (i) clearly indicate in every HTTP/HTTPS request that the request comes from an Agent and disclose the Agent’s name by including “Agent/<agent-name>” in the user-agent string; (ii) not conceal or disguise that access or interaction comes from an Agent, including by imitating human behaviour or bypassing CAPTCHA checks and other measures intended to distinguish humans from computers; (iii) answer truthfully any question or verification intended to determine whether an interaction comes from a person or computer; and (iv) not bypass measures that block, restrict, alter, or monitor how Agents access the Services.

SECTION 15 – TERMINATION
We may terminate this contractual relationship or suspend or restrict your access to the Services where there is a justified reason, particularly in the event of a material or repeated breach of these Terms, abuse, fraud, or a security risk. Where applicable, we will notify you in advance and provide a reasonable period to remedy the breach. Obligations that became due before termination remain in force.
Provisions that by their nature should survive termination continue to apply, including provisions on intellectual property, Feedback, liability, indemnification, severability, governing law, and privacy.

SECTION 16 – WARRANTIES AND STATUTORY LIABILITY
Information available through the Services is provided for general information. We aim to keep it accurate and current, but we do not guarantee that it is complete or error-free at all times. You should make decisions based on such general information after reasonably assessing the circumstances.
The Services are provided in the form and scope currently available. We do not guarantee that digital access to the Services will always be uninterrupted, immediate, completely secure, or free of technical errors.
Nothing in these Terms excludes or limits our statutory liability for goods and services conforming to the contract, material defects, rights under any commercial guarantee issued, the right of withdrawal, or any other right that cannot be excluded or limited under applicable law. For new goods, a consumer generally has at least two years of statutory protection in the event of a defect or lack of conformity, calculated from the date the goods are delivered.

SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Monci, its partners, employees, affiliates, representatives, contractors, service providers, and licensors, and Shopify and its affiliates, are not liable for indirect, incidental, special, punitive, or consequential loss, including lost profit, revenue, savings, or data, where such loss was not a reasonably foreseeable consequence of a breach of duty.
This limitation does not apply where exclusion would conflict with mandatory law, including liability for intent or gross negligence, death or personal injury where such liability cannot lawfully be excluded, fraud, infringement of statutory consumer rights, or other cases where liability cannot be contractually limited.

SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to compensate Monci, Shopify, or their affiliates for reasonable and proven damage they suffer toward a third party as a direct result of your intentional or unlawful breach of these Terms, violation of law or third-party rights, or unauthorised use of the Services.
We will notify you of a claim for which compensation is sought within a reasonable time. Delay in notification releases you from the obligation only to the extent that it actually prevents your defence. You will cooperate in the defence by providing reasonably necessary information. We will not enter into a settlement that imposes a non-monetary obligation on you without your consent, which must not be unreasonably withheld. This provision does not reduce your consumer rights.

SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law and the unenforceable part will be treated as severed. This does not affect the validity and enforceability of the remaining provisions. Where necessary, an invalid provision will be replaced by a valid provision that most closely reflects its permitted commercial and legal purpose, without reducing consumer rights.

SECTION 20 – NO WAIVER AND ENTIRE AGREEMENT
If we do not exercise or immediately enforce a right or provision of these Terms, that does not mean that we have waived that right or provision.
These Terms and any rules or policies published on the website concerning the Services constitute the entire agreement between you and us on the matters they govern and replace earlier agreements, communications, and proposals on the same subject, whether oral or written.
Ambiguous provisions will be interpreted in accordance with applicable law. Where the user is a consumer, doubtful or unclear pre-drafted contractual terms will be interpreted in the manner more favourable to the consumer where required by law.

SECTION 21 – ASSIGNMENT
You may not transfer or assign this contractual relationship or your rights or obligations under these Terms without our prior written consent, except where such a transfer is permitted by mandatory law.
We may transfer or assign rights and obligations to another person as part of a business transfer, corporate change, or reorganisation, provided this does not reduce your rights or guarantees. We will notify you of the transfer where required by applicable law.

SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms and contracts you enter into with Monci are governed by the law of the Republic of Croatia, together with directly applicable European Union law.
If you are a consumer habitually resident in another country, the choice of Croatian law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence where they apply.
Disputes are subject to the courts determined by applicable law. This provision does not restrict a consumer’s right to bring proceedings before a court competent under consumer-protection rules or the possibility of alternative consumer-dispute resolution.

SECTION 23 – HEADINGS
Section headings are provided for convenience only and do not limit or alter the meaning of these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the latest version of these Terms on this page.
We may amend the Terms when necessary because of changes to the Services, business model, technical or security requirements, legal obligations, or other justified reasons. We will publish material changes and, where required, notify you on a durable medium before they take effect.
Changes generally apply prospectively. An order already accepted is governed by the terms in force when the contract was formed unless a change is required by law or you have expressly agreed to it. Continued use of the Services after changes take effect constitutes acceptance of the amended Terms only to the extent permitted by applicable law.

SECTION 25 – CONTACT AND WRITTEN COMPLAINTS
Questions about these Terms can be sent to info@monci.hr.
You can submit a written complaint by email to info@monci.hr or by post to the registered address below. We will confirm receipt without delay and respond in writing no later than 15 days after receiving it, clearly stating whether we accept that the complaint is well-founded.

Monci, obrt za proizvodnju odjeće i usluge, owner Simona Špiljar
Registered address: Avenija Marina Držića 83B, 10000 Zagreb, Croatia
Email: info@monci.hr
MBO: 99223643
Registration: Croatian Trades and Crafts Register