1.1. Tommy d.o.o. with its seat at 93 Domovinskog rata, Split, Croatia, OIB: 00278260010 (also: Company) manages the Tommy online sales system. The Tommy online sales system is available through the website www.tommy.hr and by using the Tommy mobile application. The Tommy mobile application is free to download and install on both the iOS and the Android operating systems. This service aims to enable our clients to register for the Tommy online sales system, and to buy the goods the Company carries online.
1.3. The Tommy online (network) sales system enables its clients two ways to take possession of purchased goods, by using one of the following services:
the “Pick Up” service enables clients to pick up the goods they have purchased online at a store of their choosing (also: Pick Up)
the “Deliver” service enables clients to have the goods they have purchased online delivered to an address of their choosing (also: Deliver.)
1.6. Documents pertaining to registering users as well as resulting communication shall take place primarily in the Croatian language.
1.7. A registered user means any individual in possession of an open user account within the Tommy online sales system (also: Registered User).
1.8. A registered user may be any individual of legal age residing in the Republic of Croatia.
1.9. A Client is a Registered User making purchases and paying for goods using the Tommy online sales system (also: Client.) Only a Registered User may become a Client, and obtains this status during the act of confirming an Order.
1.12. An automated email is an email message automatically generated by the system and delivered to a Registered User’s or Client’s email address, used to register for the Tommy online sales system in order to edit personal information, confirm orders, or for similar purposes (also: Automated email), regardless of whether the Registered User is accessing the system via an Internet browser or by using the mobile application. Please note automated emails are machine-generated and replies to addresses from which they are sent will NOT be read.
1.13. Delivery/Pick up is defined as the moment the Client is given access to the goods purchased at a store of their choosing, or the moment when the ordered goods are delivered and handed over to the Client at an address of their choosing (Also: Delivery or Pick up.)
2.2.1. The Tommy online sales system is available only to Registered Users. Registering for the Tommy online sales system requires access to a personal email address. Registration instructions may be found in the Company’s Internet pages. User registration is a prerequisite for the establishment of a Sales contract.
2.2.2. The registration and consequent use of the Tommy online sales system is restricted to individuals aged 18 and over residing in the Republic of Croatia. Users obtain Registered User status by completing the registration process.
2.2.5. The information required to register a user are as follows: full name, date of birth, gender, mobile phone number, email address.
2.2.6. The email address and mobile phone number listed by a Registered User as part of their registration process may not be previously assigned to another user account.
2.2.7. Multiple registrations are not allowed.
2.2.8. The required information entered by a user registering for the Tommy Online Sales System shall be used as the communication channel between the Company and the Registered User, specifically electronic mail and/or mobile phone, including SMS or “text messages.”
2.2.9. Registering for the Tommy Online Sales System creates a password-protected user account for the Registered User. The user account is the basis of registration and pertains to all information associated with the Registered User’s login credentials. The user account may be accessed either by browsing the Company’s Online Sales pages at www.tommy.hr or by using the Tommy mobile application.
A Registered User has the following options: to manage their user account and the settings relating to editing user information, which include: changing the email address, the mobile phone number, or the store for making pick-ups. A Registered user has the ability to browse active orders, payment statuses, order history, discounted products, products marked as favorites, as well as the options to save card payment information and browse Loyalty program points accrual and consumption, provided they are members of this Program.
2.2.10. A Registered User edits and uses their user account freely and independently, with the right to opt into receiving promotional offers through electronic bulletins or newsletters. All Registered Users shall receive news and weekly discount notifications, whereas promotional messaging via electronic bulletins or newsletters shall be delivered only to users who have specified within the system they wish to receive such messaging.
2.2.11. A Registered User is fully liable for the accuracy and completeness of all information given during registration and making purchases. If any changes occur regarding the access information entered during registration or during a purchase, the Registered User is obligated to update their user account within the Tommy Online Sales System without delay.
2.2.12. Following a successful registration or activation of a user account or changes to access information (such as the email address, mobile phone number, password or similar), a Registered User shall receive an Automated email from the Company containing an Activation Confirmation, or a confirmation of the changes made. The Automated email containing this confirmation is generated and sent as the activation or changes are made.
2.2.13. A Registered User is obligated to keep their password information secret. All actions taken by entering access information shall be considered to have been taken by the Registered User. A Registered User must ascertain the accuracy of all information given during registration, and must also keep their user account updated; change their password if the user knows or suspects it has been compromised; use the service in accordance with all valid regulations.
2.2.14. Any interaction between a Registered User and the Company taking place through the user account or via electronic mail shall be assigned to the Registered User. This includes possible cases of third parties acting through the Registered User’s account, or possible cases of third parties obtaining illegitimate access to the user account due to the Registered User’s unacceptable behavior. A Registered User is obligated to notify the Company without delay of any illegitimate access to their user account, as well as to change the access password for their user account in cases of suspicion that their user account and/or electronic mail is compromised by third party access.
2.3.1. Goods are purchased electronically. Prior to a purchase, a Registered User must make a selection in the system regarding the method and address for delivery, by choosing either the Pick-up or the Deliver service.
2.3.2. By clicking or tapping “Add to Cart” or “Add,” the chosen goods are added to the user’s cart. The goods shall be considered ordered at the time when a Registered User has completed the full purchase process.
2.3.3. The act of confirming an order promotes a Registered User to Client status.
2.3.4. The Client is fully liable for the accuracy of all information entered during a purchase.
2.3.5. The Tommy Online Sales System enables Clients and Registered Users to:/p>
2.3.6. After an order is placed and confirmed, the Registered User shall receive an Automated email with the Confirmation of the Company’s acceptance of the order. The Automated email shall be sent to the Registered User at the time of an order’s confirmation.
2.3.7. When making a purchase, the Client indicates which delivery method shall be used, from a choice of “Pick-up” or “Deliver” services.
2.3.8. The Company undertakes to deliver all goods ordered which are at the time of delivery in stock at the store listed for Pick-up, or to deliver all goods ordered which are at the time of delivery in stock at the store from which the goods are being sent. If the goods are not in stock at the said store, the Company shall notify the Client via telephone or in writing. All other goods ordered shall be delivered to the Client.
2.3.9. Prices for all products are listed in the national currency of the Republic of Croatia and include the Value Added Tax. All goods shall be charged at the prices valid on the day the order was made, regardless of the pick-up or delivery dates.
2.3.10. The Company reserves the right to cancel an order in cases of suspected abuse.
2.3.11. Product imagery in the Tommy Online Sales pages are of an illustrative nature. The photographs used to illustrate goods in our Internet pages or in our mobile application may differ from the appearance and content of goods delivered. In cases of discrepancies between goods shown in photographs and goods delivered, the Client may not invoke a product’s material deficiencies.
2.3.12. The Company shall undertake to publish accurate and up-to-date information through the Tommy Online Sales System, however the Company accepts no responsibility for the accuracy and completeness of this information.
2.3.13. Purchases are allowed only in the amounts appropriate for an individual household.
2.3.14. The Company reserves the right for the discounted sales through its Online Sales System to differ from those available in its stores, i.e. through its offline sales system.
2.4.1. The Client undertakes to pay the Company for all goods purchased using one of the methods listed in the Company’s Internet pages, namely: online payments or payments at pick-up at one of the Company stores (cash or card payments.) The sole exception is the “Deliver” service, for which cash payments are not acceptable and online payments are the only option. Receipts for purchases shall be delivered together with the goods.
2.5.1. The order price is our estimate for what your purchase price will be at the time of pick-up or delivery. Your purchase price may deviate slightly from the price shown with total weighted variable costs included at the time the order is placed and from your order confirmation in the Tommy Online Sales System.
2.5.2. The purchase price may differ from the price listed in your order: weighted variable cost applies to goods such as cheeses, cured meats or produce, where the unit price is weight rather than piece. For example, a certain cured meat product may have a listed price for 200 gram packaging, whereas the Client will have the same cured meat delivered in a package weighing slightly more or less. These deviations will be minimal, meaning you may be delivered a few grams less or more than you ordered. The price will be calculated for the exact weight delivered to you.
2.6.1. When using the Deliver service cash payments are not acceptable, and online payments are the only option.
2.6.2. The Company delivers orders made using the Deliver service to addresses specified either through the Company’s couriers or through partnering couriers.
2.6.3. In cases where deliveries are made through partnering couriers (also: Acting Couriers), these Acting Couriers are wholly liable for the delivery service, from the time of pick-up to the time of delivery to the Client’s address. The Acting Courier is wholly responsible for any and all damages arising from improper, disorderly or incorrect deliveries (improper handling, unsuitable packaging during transport, unsuitable temperatures and similar,) as well as in cases where deliveries to the Client were not made in full, which does not exclude other provisions of this Article which may apply.
2.6.4. Deliveries of orders using the Deliver service shall be made at times listed in the process of closing an order:/p>
2.6.5. In cases where the order price made using the Deliver service does not exceed 53,09 € (400,00 kn), the Company shall charge an additional delivery fee in accordance with the price list published on the Company’s website. The delivery fee shall be clearly stated during delivery time slot selection.
2.6.6. The goods ordered shall be arranged in such a way that it cannot be damaged by common handling during transport.
2.6.7. The Client undertakes to perform an immediate visual inspection of goods delivered, and to report any visible damage, which the Client may refuse to accept.
2.6.8. The Acting Courier undertakes to perform an immediate visual inspection of goods picked up, and to report any visible damage, which the Acting Courier may refuse to accept.
2.6.9. If card payments are used, the Client shall receive an Automated email containing the Card Payment Status Confirmation, namely a Confirmation that the transaction has been made, or that the account has insufficient funds to complete the transaction.
2.6.10. After the payment is made and the goods picked up, the Client will be delivered a printed receipt. The Client may additionally ask for a R-1 account for tax purposes, in which case they must list the following information about the business entity they represent: owner’s full name and OIB together with the business name, or if the business entity is a corporation, the said corporation’s name, its street address, postal code, town, country and OIB. The Client will then receive an Automated email containing a Confirmation of the Company’s delivery of goods ordered.
2.6.11. The order may be picked up by the Client or a third party instructed by the Client and using a QR code issued to the Client for the order in question.
2.6.12. Orders containing alcohol, tobacco and other products not for sale to minors may be picked up only by a person of legal age, otherwise the Client shall be held liable for any and all consequences arising from improper pick-ups.
2.6.13. If the Client should fail to pick up the goods when the delivery is made, or should refuse to receive it lacking a valid reason, the Company reserves the right to demand a reimbursement of the handling and transport services, as well as a reimbursement for any perishable goods contained in the order.
2.7.1. Orders made using the Pick Up service may be picked up at the location listed on the order, on any business day, Saturday or Sunday within the business hours of the store selected for pick-up.
2.7.2. Deliveries of orders using the Pick Up service shall be made at times listed in the process of closing an order:
2.7.3. The Client undertakes to perform an immediate visual inspection of goods picked up, and to report any visible damage, which the Client may refuse to accept.
2.7.4. If card payments are used, the Client shall receive an Automated email containing the Card Payment Status Confirmation, namely a Confirmation that the transaction has been made, or that the account has insufficient funds to complete the transaction, whereas the Receipt shall be delivered to the Client at the time of pick-up.
2.7.5. After the payment is made and the goods picked up, the Client will be delivered a printed receipt. The Client may additionally ask for a R-1 account for tax purposes, in which case they must list the following information about the business entity they represent: owner’s full name and OIB together with the business name, or if the business entity is a corporation, the said corporation’s name, its street address, postal code, town, country and OIB. The Client will then receive an Automated email containing a Confirmation of the Company’s delivery of goods ordered. The Automated email containing the Confirmation shall be sent to the Client at the time of the pick-up transaction.
2.7.6. The order may be picked up by the Client or a third party instructed by the Client and using a QR code issued to the Client for the order in question.
2.7.7. Orders containing alcohol, tobacco and other products not for sale to minors may be picked up only by a person of legal age, otherwise the Client shall be held liable for any and all consequences arising from improper pick-ups.
2.7.8. If the Client should fail to pick up the goods at the appropriate time, or should refuse the goods lacking a valid reason, the Company reserves the right to demand a reimbursement of the handling and transport services, as well as a reimbursement for any perishable goods contained in the order.
2.8.1. The Client has the right to justified objections and to a return of goods in the following cases:/p>
2.8.2. Should the Client wish to submit a justified request to return the goods, a written complaint must be submitted to the electronic mail address email@example.com. All Client complaints regarding goods or services shall be submitted in writing to the aforementioned address.
2.8.3. All complaints must contain the Client’s personal contact telephone number, the receipt number and a note specifying the complaint (for example, should the complaint pertain to food items, we ask the Clients to attach or deliver photographs of the goods in question.)/p>
2.8.4. After receiving a complaint, the Company shall issue an Automated email to the address from which the complaint was submitted, including a Confirmation of the complaint being received and shall undertake to address the complaint in the following 15 business days at the latest, in accordance with Article 10 of the Croatian Consumer Protection Act (Croatian, Zakon o zaštiti potrošača) (N.N. 41/14, 110/15, 14/19.)/p>
2.8.5. If the Company shall determine that the Client’s complaint is justified, the Client shall have the right to partial contract cancellation (relating to the product or products to which the complaint referred) together with the refund of monies paid or the substitution of fully functional, undamaged and valid product, or a prepaid card to the amount not smaller than monies paid, which the Client can use for their next purchase.
2.8.6. The Company shall accept the returns of damaged, dysfunctional or improperly delivered goods if it can be ascertained that the Client’s complaint is justified and that the Client had no influence over the functionality, damages or any other fault to the goods. In cases of justified Client complaints, the Company shall cover the full cost of substituting the goods in question.
2.8.7. The Client shall undertake to immediately inspect all fresh produce and other perishable goods. If this inspection shows the goods represent a health hazard or have had their organoleptic properties changed (such as flavor, smell, color etc.) to the point of unsuitability for consumption, the Client shall submit a complaint in no more than 24 hours from the time of pick-up or delivery. Since fresh produce and other perishable goods have a very short shelf life, the Company is unable to accept complaints submitted past this deadline.
2.8.8. The Client has no right of return in the following cases:/p>
2.8.9. Should the Company receive a Client’s complaint or an objection pertaining to the accurate, orderly and proper deliveries or the lack thereof, the same shall be immediately forwarded to the Acting Courier’s email address.
2.8.10. The Acting Courier shall undertake to execute a full refund of the cost of goods ordered if their representative has scanned and picked up the goods, whereas the goods or some components thereof have been neither delivered to the Client nor returned to their place of origin, namely the Company’s pick-up location.
3.1. Client shall have the right to cancel a submitted order, namely an order not yet delivered, with no costs incurred, two hours before the scheduled delivery or pick-up time at the latest.
3.2. In cases of order cancellations, the Company shall deliver to the Client an Automated email containing the Confirmation of cancellation. The Automated email containing this Confirmation shall be delivered to the Client at the time of cancellation.
3.3. If the Client has made a card payment for the order being cancelled, the Company shall issue a full refund.
4.1. The Tommy Online Sales System does not include services and equipment you use to access our pages, such as computers and other electronic devices. The Company shall not be held liable for expenses incurred through the use of metered telephone lines, data traffic or any other such expenses which may arise during the placing of an order, the browsing of Internet pages or the use of the Tommy mobile application.
4.2. Except for cases of malicious intent or gross negligence, the Company shall accept no liability for damages (whether material or non-material) caused by the following:/p>
4.3. The Company shall not be held liable for the accuracy of information submitted at user registration or any damages (whether material or non-material) which may arise therefrom.
4.4. The contents of the Tommy website and the Tommy mobile application are protected and the Company has the sole right to their use. Any and all commercial use of any content found on the Company’s web pages must be explicitly consented to by the Company, which may for this reason be contacted at the email address firstname.lastname@example.org or the toll-free Croatian telephone line 0800 0203.
4.5. The Company shall undertake to make the best possible offers for goods and services, but cannot guarantee that the online sales system will meet a Registered User’s requirements.
4.6. Liability for material damages shall be determined in accordance with the Croatian Obligatory Relations Act (Croatian, Zakon o obveznim odnosima, N.N. 35/05, 41/08, 125/11, 78/15, 29/18, 126/21) and the Croatian Consumer Protection Act (Croatian, Zakon o zaštiti potrošača, N.N. 41/14, 110/15, 14/19).
4.7. Access to the Company’s Internet pages (www.tommy.hr) as well as access to the Tommy mobile application may be temporarily unavailable due to maintenance, the introduction of new features or if unforeseen circumstances arise, which we shall undertake to address as quickly as is practicable.
4.9. The Company’s Internet pages include links to other Internet pages, however these other pages contain material beyond the Company’s control. Registered Users/Clients therefore access these external pages at their own risk and with full responsibility, for which reason the Company cannot be held liable for external pages’ contents.
4.10. A section of the Company’s Internet pages are set aside for advertising and the advertising partners using this space are liable for their advertising materials to fully comply with all applicable regulations. The Company shall not be held liable for any inaccuracies or irregularities of the marketing materials in question.
5.1. The contract to which the Client and the Company agree is a one-time Contract for the sales of goods or services and shall be considered executed at the time when the Company or an Acting Courier delivers the goods and the Client makes the payment, unless it is canceled.
5.2. In accordance with Article 72 Item 1 of the Croatian Consumer Protection Act (Croatian, Zakon o zaštiti potrošača, N.N. 41/14, 110/15, 14/19), any contract made over long-distance communication (such as online sales) may be canceled by the Client with no reasons given, throughout a period of 14 days starting with the day when the Client or a third party assigned by the Client (and in possession of the required QR code) took possession of the goods, or with the day the goods were delivered to the Client’s specified address. The Client is under no obligation to provide reasons for canceling the contract, however they are obliged to inform the Company of their decision to cancel the contract, using a non-perishable medium.
The cancellation request is submitted using a unilateral cancellation form or by making any unambiguous statement of the Client’s desire to have the contract cancelled, which shall include the Client’s full name, address, telephone number and electronic mail address. This may be submitted in one of the following ways:
5.3. If a unilateral contract cancellation request is received at the address listed above, the Company shall reply without delay by sending the Client an Automated email containing a Confirmation of unilateral cancellation of the Contract.
5.4. Clients may find a standard form for unilateral contract cancellations at this link. (Note: the form is in Croatian language.) If the Client cancels the Contract unilaterally, the Company shall issue a refund without delay, and at the latest 14 days after the unilateral contract cancellation request was received.
5.5. The refund shall be paid using the same method as that of the Client’s initial payment. The Client may agree to another payment method without incurring any costs thereby.
5.6. The Company may issue the refund only after the Client has returned the goods, or after producing evidence the goods were returned.
5.7. The Client is obliged to return the goods to the Company without undue delays, and at the latest within 14 days from the day the unilateral contract cancellation request was sent. The Client shall bear the cost of sending the goods, whether it be standard mail or another courier service.
5.8. The Client’s full range of responsibility has been determined by the Regulation on the Content and Form of Notices Regarding Unilateral Cancellations of Contracts Made by Long-Distance Communication and Contracts Made Outside Business Premises (Croatian, Pravilnik o sadržaju i obliku obavijesti o pravu potrošača na jednostrani raskid ugovora sklopljenih na daljinu i ugovora sklopljenih izvan poslovnih prostorija, N.N. 72/14), which may be found at this link. (Note: the text is in Croatian.) The goods returned by the Client must be in good condition, unopened, unused and in original packaging.
If the returned goods are faulty, with major damages, parts or ancillary documents missing, and if the same is not delivered after an additional period of 8 days, the Client shall be considered remiss of their duty to return the goods. In this case the Company is under no obligation to issue a full refund. An estimate of the diminished value of the goods may be made instead. The Client is liable for any diminished value of the goods which may result from handling, except for that needed to determine the nature, properties and functionality of the goods.
5.9. In cases of unilateral contract cancellations, each party is obliged to return all that it has received in accordance with the Contract, as per the Croatian Consumer Protection Act (Zakon o zaštiti potrošača, N.N. 41/14, 110/15, 14/19.)/p>
5.10. The Client has no right to submit a unilateral contract cancellation request in the following cases:/p>
5.11. The full range of the Client’s rights pertaining to unilateral contract cancellations may be found in the Croatian Consumer Protection Act (Zakon o zaštiti potrošača, N.N. 41/14, 110/15, 14/19.)/p>
5.13. If the Tommy Online Sales System is canceled, the Company will notify Registered Users by publishing a notice on the Company’s official website www.tommy.hr.
5.14. Registered Users have the right to disable their user account and exit the Tommy Online Sales System after submitting a written request. The written request may be sent by a Registered User to the electronic mail address email@example.com (or by regular mail to the Company address given in Article 1 above.) The request must be legible and contain the Registered User’s full name, electronic mail address and mobile phone number.
After receiving a written Request, the Registered User’s account shall be disabled within 10 business days starting on the day the written Request was received. The Company shall notify the User that their account was disabled by sending an Automated email containing the Confirmation of Exclusion from the Tommy Online Sales System.
5.15. In order to keep the Registered User database up-to-date, the Company has the right to exclude from its Online Sales System any Registered User whose account is inactive for at least 1 year.
5.16. A Registered User shall lose all access rights regarding their user account in the Tommy Online Sales System on the day their account is excluded from the System. Information on inactive Registered Users are anonymized and maintained in accordance with applicable regulation until the requisite periods are over, at which time the information will be deleted in a secure manner.
6.1. The Company guarantees that all personal information on Registered Users and/or Clients is used only at the extent necessary to perform contractual obligations in the Tommy Online Sales System. The Company manages personal information gathered as part of the proper functioning of the Tommy Online Sales System in accordance with the EU General Data Protection Regulation (2016/679/EU) and the Croatian General Data Protection Regulation Implementation Act (Croatian, Zakon o provođenju Opće uredbe o zaštiti podataka, N.N. 42/2018.)/p>
6.2. The Company processes Registered Users’ and/or Clients’ personal information to ensure the proper functioning of the Tommy Online Sales System and to manage its online sales system. As part of managing the Tommy Online Sales System, the Company processes the personal information gathered from Registered Users during their registration (by browsing the Company’s Internet pages or using the Tommy mobile application), as well as the information on the Registered User or Client gathered during their use of the Tommy Online Sales System.
6.3. If the delivery to the Client is performed by an Acting Courier, the Acting Courier is required to access some of the Client’s personal information in order to fulfill their (the Courier’s) contractual obligations. The Company shall deliver the following personal information categories to the Acting Courier: full name, address, address details, mobile phone number for delivery contacts, order number and receipt. The Company and the Acting Courier are independent Processors in terms of personal information protection, as each performs their registered, licensed business activities.
7.2. Special EU Regulation passed on February 15, 2016 enables all EU-based disputes regarding Internet purchases to be resolved by using the ODR platform, which may be accessed through the link https://ec.europa.eu/odr.
In Split, November 2, 2021.
Fixed exchange rate1 € =7,53450 kn