General business terms
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These General Terms and Conditions (last update: January 1, 2020) enter into force as follows: for new USERS upon their acceptance, while for the existing USERS after expiry of the 15 (fifteen) days’ notice period, counting from the day when revised General Terms and Conditions are published on the PLATFORM and from the day notice on publication of the amended and supplemented General Terms and Conditions is sent to the USER, whichever comes latter.
These Terms and Conditions regulate the relationship between the company NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735, (hereinafter: “NEOSTAR”) as the sole rightholder of the PLATFORM (hereinafter: “PLATFORM”) as a software solution, and you as its USER (hereinafter: “USER”).
By using this PLATFORM and/or registering on it, the USER accepts General Terms and Conditions (hereinafter: „General Terms and Conditions”) of business activity and they represent the content of the contractual relationship between NEOSTAR and the USER. The USER hereby confirms that they have legal capacity as well as capacity to act as a party in legal proceedings needed to conclude binding contracts and/or use the PLATFORM and/or that they have all necessary authorizations and/or powers of attorney to undertake any action through the PLATFORM and/or conclude binding contracts. The USER confirms they are not entered into the Register of consumers who do not wish to receive promotional and/or telesales calls and/or messages (this register is currently maintained by the Croatian Regulatory Authority for Network Industries).
The USER who enters any kind of data shall only enter accurate and true data, information, materials etc. Inaccurate or untrue data shall be considered a misuse, which will consequently result in appropriate actions being taken.
Respective General Terms and Conditions mutatis mutandis shall apply to the persons who access the PLATFORM prior to and/or without obtaining the USER status (hereinafter: “VISITOR”), seeing how the very access to the PLATFORM entails certain obligations (for example, but not limited to, with regard to the intellectual property rights of the data located on the PLATFORM).
NEOSTAR reserves the right to amend these General Terms and Conditions at any moment pursuant to this provision. If NEOSTAR amends these General Terms and Conditions, it will publish the revised General Terms and Conditions on the PLATFORM and update the date contained in the heading “Last update” at the top of these General Terms and Conditions and they shall be accessibleon a cloud through the following link:www.neostar.com/terms-and-conditions. Your further access or use of the PLATFORM shall represent the acceptance of the revised General Terms and Conditions.
At the same time NEOSTAR shall notify the USER about the changes and/or amendments of the General Terms and Conditions by a separate e-mail communication, to the e-mail address of the USER they used to register on the PLATFORM. Respective communication shall encompass notice on intended amendments and supplements as well as the link for approach to the text of the General Terms and Conditions.
Proposed amendments and supplements shall not be implemented before expiry of the 15 (fifteen) days’ notice period, counting from the day when revised General Terms and Conditions are published on the PLATFORM and from the day notice on publication of the amended and supplemented General Terms and Conditions is sent to the USER, whichever comes latter.
Respective link shall allow approach to all formerly applicable versions of these General Terms and Conditions, for a time period (“storeability”) and in a way enabling their unaltered reproduction (“reproduction”) pursuant to provisions of the Regulation (EU) 2019/1150 of the European Parliament And of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter. “Regulation 2019/1150”), all to secure characteristic of “durable medium”, i.e. “durable data carrier” to the respective instrument.
At any time, NEOSTAR can accesses and use the PLATFORM and/or certain areas and/or certain features of the PLATFORM, under certain conditions and/or requirements and/or at its own discretion, especially in situations like the procedure of vetting members’ data.
In order to access and use certain features of the PLATFORM, you must open an account (hereinafter: “NEOSTAR account"), for example, to publish services and/or goods and/or to reserve and/or contract provision of services and/or sale/purchase of goods. If you register NEOSTAR account for business, organizational and/or other legal person, you guarantee that you have the authorization to legally bind this entity and assign to us all approvals and/or licenses stated in these General Terms and Conditions.
You can register NEOSTAR account by using an e-mail address and creating a password and/or by using your account with certain services of third party social networks, such as Facebook or Google (hereinafter: “SNS account”). At any time, you have the option of disabling the connection between your NEOSTAR and SNS account by accessing the “Properties” section on the PLATFORM. All e-mail communication based on these General Terms and Conditions will be executed via e-mail address that the USER registered on the PLATFORM.
You must provide accurate, current and complete data during the registration procedure and update your NEOSTAR account data at any given moment.
One person must not register more than 1 (one) NEOSTAR account, unless the USER has been authorized by NEOSTAR to act differently. You cannot assign or otherwise transfer your NEOSTAR account to another party.
The USER shall be responsible for maintaining confidentiality, security and accuracy of their NEOSTAR account and shall not disclose the data necessary to log into their NEOSTAR account to any third party. The USER shall immediately notify NEOSTAR if they find out or have any reason to believe their NEOSTAR account is in any way compromised and/or they suspect of any unauthorized use of their NEOSTAR account. The USER is held responsible for any NEOSTAR account activity and/or any activity related to their NEOSTAR account, therefore it shall be considered that all NEOSTAR account actions taken are taken by the USER themselves.
NEOSTAR may enable features/actions that give authorization to the other USERS and/or certain third parties to undertake certain actions that affect the NEOSTAR account of the USER. For example, NEOSTAR can enable USERS or certain third parties to register new USERS and/or enter data on behalf of the other USERS. It is not necessary to request a special consent for these features/actions. NEOSTAR does not assume any responsibility for the identity confirmation of any USER, whereas NEOSTAR can, but has no obligation to, ask from the USER to submit identification proof (copies of personal identity documents, excerpts from the public registers, etc.) and/or other information and/or can unilaterally undertake additional checks to check the identity of the USER.
Access and/or use of certain areas and/or features of the PLATFORM can be subject to special rules, standards and/or guidelines and/or can be conditional upon the USER accepting additional provisions and conditions before they access relevant areas and/or features of the PLATFORM. In case of discrepancy between these General Terms and Conditions and provisions applicable to a certain area and/or feature of the PLATFORM, the latter shall take precedence with regard to the USER account and/or the use of that area and/or features, unless explicitly determined otherwise.
If the USER accesses and/or downloads the application from Apple App Store and/or Google Store, they accept Apple’s and/or Google’s application license contract.
Some areas of the PLATFORM implement Google Maps/Earth, including Google Maps APIs mapping services. USER’s use of Google Maps/Earth is subject to additional conditions of Google Maps/Google Earth provision of services.
These General Terms and Conditions include the following special parts that together make a unique whole and each of them is considered integral part of the General Terms and Conditions:
- CONDITIONS OF USE “SALE AND PURCHASE OF MOTOR VEHICLES”;
- CONDITIONS OF USE “SERVICE OF MOTOR VEHICLES”;
- CONDITIONS OF USE “MONETARY TRANSACTIONS AND RESERVATION”;
- CONDITIONS OF USE “PUBLICATION OF MOTOR VEHICLE SALES ADVERTISEMENTS”;
- CONDITIONS OF USE “PUBLICATION OF MOTOR VEHICLE SERVICING ADVERTISEMENTS”;
- CONDITIONS OF USE “VERIFICATION OF THE MOTOR VEHICLE AND NEOSTAR GUARANTEE”;
- CONDITIONS OF USE “TYPES OF IDs - CONTENT OF DOCUMENTS”;
- CONDITIONS OF USE “TAXES”;
- CONDITIONS OF USE “INTELLECTUAL PROPERTY”;
- DISCLAIMER;
- PRIVACY POLICY;
- COOKIES POLICY;
- APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION;
- PROVISIONS REFERRING TO THE USER WHEN THEY HAVE A STATUS OF CONSUMER WITH REGARD TO NEOSTAR;
- NOTIFICATION ON THE WAYS OF SUBMITTING WRITTEN CONSUMER COMPLAINTS;
In view of the above, the Preamble applies to and constitutes integral part of each separate part of these General Terms and Conditions.
In these General Terms and Conditions some terms have the following meaning:
NEOSTAR: is a legal person NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735, e-mail: [email protected], entered into the Court Register of the Commercial Court in Zagreb under the registration number (Cro. MBS): 081307940, VAT ID number: HR24813383735, as the sole rightholder of the PLATFORM.
PLATFORM: is an online advertising place where sales and/or purchase of goods and/or provision and/or ordering of services takes place i.e. it is an advertising place that enables USERS, including business partners (hereinafter: “BUSINESS PARTNER”), to, at their own discretion, advertise, place on the market, sell, promote, publish invitations to tender and/or offer their goods and/or products and/or services to order and/or shop and/or consume. It is a business solution USERS and/or BUSINESS PARTNERS can use to advertise and/or offer and/or contract and/or order:
- Sale and/or purchase of motor vehicles;
- Vehicle service;
- Damage reporting and processing.
The PLATFORM is intended for business activities in the territory of the Republic of Croatia, for persons who have business establishment in the Republic of Croatia or are entered into the Register of taxpayers of the Republic of Croatia and have a valid PIN (OIB) of the Republic of Croatia.
USER: is every person who, upon the registration, through the PLATFORM and possibly with the participation of a NEOINSPECTOR, in a way defined in the General Terms and Conditions, advertises and/or offers and/or contracts and/or orders:
- Sale and purchase of motor vehicles;
- Vehicle service (which, among other things, comprises tires sales and car wash services);
- Damage reporting and processing.
From the moment a motor vehicle is published, the USER can find themselves in a role of the SELLER-USER in the procedure of motor vehicle sales (from the moment a motor vehicle is published they appear as the owner of the motor vehicle and/or a proxy and/or a person authorized to initiate the motor vehicle sales-purchase procedure and/or publishing the sales-purchase of the motor vehicle on the PLATFORM in the name of and on behalf of the owner, and/or undertake all other actions in order to realize the sales-purchase of the motor vehicle through and/or with regard to the PLATFORM) in case they are selling the motor vehicle and/or the role of a BUYER-USER (from the moment a motor vehicle has been reserved and/or a proposal to take the vehicle for a test ride was submitted to the SELLER-USER of the motor vehicle and/or from the moment when the BUYER-USER submits an inquiry to the SELLER-USER to check if the vehicle is available and/or suitable for sales and/or from the moment the BUYER-USER sends an inquiry to the SELLER-USER referring to the purchase price offered by the BUYER-USER (if the SELLER-USER advertises their motor vehicle stating that the purchase price is not fixed, it is allowed for the BUYER-USER to offer a lower purchase price, adhering to the limitations stated in the Conditions for Publishing)).
Additionally, with regard to their status, a USER can be:
ORDINARY USER: is a person who, outside of their commercial or professional activity, advertises and/or contracts and/or orders sale and purchase of used vehicles, service of vehicles and reporting, appraisal and repair of the damage.
CONTRACTUAL USER: is a person who, within their commercial or professional activity, advertises and/or contracts and/or orders sale and purchase of used vehicles, service of vehicles, and reporting, appraisal and processing of the damage. The relationship between NEOSTAR and/or the PLATFORM and CONTRACTUAL USER shall be regulated by a special business cooperation agreement. By signing the respective business cooperation agreement the SUER shall obtain the CONTRACTUAL USER status.
BUSINESS PARTNER: is a person who, as NEOSTAR’s contractual partner, provides motor vehicle insurance services and/or motor vehicle financing services and/or any other services enabled as such by the BUSINESS PARTNERS through the PLATFORM to the USERS. NEOSTAR does not act in the name of and/or on behalf of a BUSINESS PARTNER in any case nor does it assume liability for BUSINESS PARTNER’s actions. Neither these General Terms and Conditions nor an agreement with a BUSINESS PARTNER or any of its parts shall be considered a distribution contract or any representation contract (i.e. agency, intermediary or commission contract).
NEOINSPECTOR: is a person engaged by NEOSTAR, who is, as an integral part of the PLATFORM, in charge of vetting the data, entering vehicle check lists and service history, photographing vehicles and other tasks and/or actions as defined in these General Terms and Conditions. If the SELLER-USER is also the CONTRACTUAL USER, in this case they entirely perform the tasks of the NEOINSPECTOR and/or substitute the role of the NEOINSPECTOR, therefore, the provisions of these General Terms and Conditions referring to the role of the NEOINSPECTOR mutatis mutandis apply to the CONTRACTUAL USER as well as the SELLER-USER who is not an ORDINARY USER if they are personally present while NEOINSPECTOR performs any of their tasks.
MOTOR VEHICLE: for the purpose of these General Terms and Conditions, only passenger cars (category M1 - motor vehicles used for carriage of passengers, comprising not more than 8 (eight) seats) and heavy good vehicles (category N1 - motor vehicles used for the carriage of goods and having a maximum mass ≤ 3.500 kg (three thousand and five hundred kilograms) shall be deemed a Motor vehicle.
WORKING DAY: is for the purpose of these General Terms and Conditions, any day of the week except Saturday and Sunday, excluding public holidays in the Republic of Croatia determined by the Act on Holidays, Memorial Days and Non-Working Days in the Republic of Croatia, whereat working hours are limited so that a working day begins at 08:00:01 and ends at 16:00:00, unless explicitly stipulated differently by these General Terms and Conditions (for example, a deadline that would be counted in hours, and lasts 8 hours starting on Friday at 15:00:01, would expire on Monday at 15:00:00).
NEOSTAR has the right to terminate use and/or participation of a USER/BUSINESS PARTNER/NEOINSPECTOR on the PLATFORM at their own discretion and pursuant to and adhering to any applicable laws and regulations, with adherence to provisions of the Regulation 2019/1150, under certain conditions, when not contrary to provisions of the Regulation 2019/1150, even without any liabilities and statement of reason. Furthermore, in order to use the PLATFORM, the USER accepts that their relationship with NEOSTAR is defined solely and exclusively by these General Terms and Conditions, and by any separate document only if this is stipulated in the respective document. NEOSTAR has the right to amend/disable the access/deactivate any feature of the PLATFORM at any moment, without any liability towards the USER whatsoever.
The ORDINARY USER who no longer wishes to participate in the content of the PLATFORM may discontinue their participation and close the user account by clicking on the “delete account” button, pursuant to the General Terms and Conditions. If there are any ongoing activities of the ORDINARY USER on the PLATFORM (including for example, unfinished transactions, published vehicles and similar), they are obliged to finalize them independently prior to deleting their account. Whereat, the ORDINARY USER is solely and exclusively responsible for any and all consequences that might arise if the ongoing activities are not finished prior to deleting their account. Upon the deletion of the account, any and all rights of the ORDINARY USER that can cease to exist in accordance with law shall cease to exist, and the ORDINARY USER shall entirely waive any and all rights resulting from these General Terms and Conditions or related to them.
However, this does not affect NEOSTAR’s right to disable the “delete account” option for the ORDINARY USER until all ongoing activities that the ORDINARY USER has pending on the platform are finished.
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The PLATFORM can be used to enable easier sale and/or purchase of motor vehicles.
NEOSTAR enables use of PLATFORM and/or similar technology for sellers and/or buyers of motor vehicles and/or enables the help of the “NEOINSPECTOR” to simplify the procedure of motor vehicle sale. NEOSTAR and/or PLATFORM is not the owner and/or reseller of motor vehicles and/or representative (i.e. agent, intermediary or commission agent) of the seller and/or buyer.
At the moment of entering the data through the PLATFORM, and within the scope of possibilities to enter such data into the PLATFORM and to the extent that the PLATFORM enables it, the SELLER-USER shall (i) provide complete and accurate information about themselves and their motor vehicle (ii) disclose any flaws and/or limitations of the motor vehicle and (iii) provide any other relevant information. The SELLER-USER is solely responsible for the content and/or update of the data entered (including photographs).
The SELLER-USER is particularly responsible for the entry of data needed for the lawful processing of the payment transactions necessary to perform business processes that the SELLER-USER selects during use of the PLATFORM (this includes, but is not limited to, account number, IBAN and Swift/BIC code (if applicable). The SELLER-USER is obliged to use their account number in order for payment transactions to be enabled, and by accepting these General Terms and Conditions they confirm that they have entered their own bank account number on the PLATFORM and that there are no legal obstacles to conduct payments using that account. NEOSTAR acts presuming that the previously stated is true and/or accurate and if this is not the case, the SELLER-USER frees NEOSTAR from any responsibility that can arise from SELLER-USER’S opposite behavior.
The SELLER-USER is the only person responsible for posting the price (price without fee) of the motor vehicle they are selling through and/or with the help of the PLATFORM (including all taxes and/or costs that the SELLER-USER must bear according to the applicable rules, if these exist, including VAT / administrative charge if applicable, delivery costs, other handling costs and other costs), whereat the SELLER-USER accepts that they shall not offer the vehicle in a different way at a lower price. The price of the motor vehicle, which the SELLER-USER posts pursuant to the previous sentence, shall be increased by an automatically generated fee (that cannot amount to less than HRK 1,000.00 (one thousand kuna), which shall then be the purchase price of the motor vehicle (hereinafter: “Purchase price of the motor vehicle“ or “Purchase price”).
The SELLER-USER shall change the price (price without fee) of the posted motor vehicle if they change the price of the respective motor vehicle on other platforms/online classifieds so that the price of the respective vehicle on other platforms/online classifieds is not lower than the price posted on the PLATFORM. In case of failure to comply with this provision, NEOSTAR reserves the right not to publish and/or delete particular ad.
Photographs and/or animations and/or video recordings (collectively, “images”) used in the USER’s ads shall reflect the exact quality and condition of the motor vehicle and are sole responsibility of the USER. NEOSTAR shall reserve the right to demand that ad(s) have a minimum number of photographs of a certain format, size and resolution.
The SELLER-USER starts the procedure of publishing an ad in order to sell a motor vehicle, having been previously registered to use the PLATFORM, by stating and/or attaching the data (price, photographs, written text, etc.) on the PLATFORM, all for the purpose of advertising respective motor vehicles in order to sell them. The PLATFORM and/or NEOSTAR shall not be held liable for the quality and/or truthfulness of data regarding the motor vehicles entered by the SELLER-USER.
SELLER-USER has the possibility to decide whether they will check the option “Instant” next to the vehicle (“Instant” means that the vehicle is always available for purchase and that a potential BUYER-USER may purchase it, regardless of the option referring to the price - “fixed” or “non-fixed”) or “Non-instant” (“Non-instant” means that a motor vehicle does not always have to be available for purchase and that a potential BUYER-USER has to first ask if the respective vehicle is available and/or suitable for sales).
The PLATFORM enables USER to enter the data based on preset categories. If these data meet the publication conditions (publication conditions are described in: Conditions of use “Publication of motor vehicle sales advertisements”), they shall be published on the PLATFORM so they are publicly visible to all the VISITORS and USERS of the PLATFORM. An advertisement published in that way shall contain the message “Vehicle in arrival” because the procedure of selling a vehicle is only possible if NEOSTAR conducts the Initial verification of the respective motor vehicle pursuant to the conditions for the verification (these conditions are described in the Conditions of use “Verification of a motor vehicle and the NEOSTAR warranty”).
The act of publication itself shall not be considered neither general offer nor display of goods or invitation to bid or make an offer.
After a motor vehicle has passed the process of the Initial verification (the Initial verification means that NEOSTAR accepted the motor vehicle for sale through the PLATFORM), interested BUYER-USER, in order to start a possible sales procedure of the selected motor vehicle (hereinafter: “Selected motor vehicle”), shall act as follows:
- if the option “Instant” next to the motor vehicle is checked, then the BUYER-USER will send an inquiry to the SELLER-USER with regard to the quoted price (if the SELLER-USER advertises the motor vehicle stating that the price is not fixed, the BUYER-USER is allowed to offer a lower price, with the limitations stipulated in the Conditions of use “Publication of motor vehicle sales advertisements”).
- If the option “Non-instant” next to the motor vehicle is checked, the BUYER-USER sends an inquiry to the SELLER-USER to find out if the vehicle in question is available and/or suitable for sale, and to ask about the offered price (if the SELLER-USER advertises the motor vehicle stating that the price is not a fixed one, the BUYER-USER is allowed to offer a lower price, with the limitations stipulated in the Conditions of use “Publication of motor vehicle sales advertisements”).
If the SELLER-USER replies that the selected motor vehicle is available (if the option “Non-instant” next to the motor vehicle is checked) and/or suitable for sales and/or that the price offered by the BUYER-USER is accepted (if such an inquiry/request has been forwarded to them) - the BUYER-USER shall be able to first select how the Purchase-price shall be paid (payment order, credit, leasing) and reserve the selected vehicle (unless the BUYER-USER has opted for buying the vehicle entirely through credit and/or leasing – in which case it shall be considered that the vehicle has already been reserved). The selected motor vehicle shall be considered reserved from the moment of reservation until moment the financing procedure is finished (the moment when the financing procedure is finished is the moment of the Purchase price payment), but not longer than 15 (fifteen) days. However, the PLATFORM still withholds the possibility to request an option confirmation of the vehicle reservation if the payment through a credit and/or leasing shall not cover the entire value of the vehicle, whereas the carrying out of the reservation procedure (after which the reservation deadline not longer than 15 (fifteen) days starts) shall be possible for the BUYER-USER only within 48 (forty eighth) hours starting from the moment of selecting the payment method for the selected vehicle, whereat the selected motor vehicle is not reserved during the time of conducting the reservation procedure.
Having selected the Purchase price payment method and having selected and/or clicked the field “reserve” (unless the BUYER-USER had selected purchase through credit and/or leasing - in which case it shall be considered that the vehicle has already been reserved), the BUYER-USER is forwarded, in order to conduct the reservation procedure pursuant to the conditions for monetary transactions and reservation (conditions are described in: Conditions of use “Monetary transactions and reservations”), to a safe website for online authorization of credit cards of intermediary in online payment: WEB STUDIO d.o.o., Ćićarijska 10, HR-51000 Rijeka, OIB: 17859403608 (“Web Secure Payment Gateway – WSPay”) (hereinafter: “WSPay”).
On the website for credit card online authorization, the USER enters their credit card and owner data, and by clicking on the field “Pay” conducts the payment of the means on the credit card in the fixed amount of HK 2,000.00 (in writing: two thousand Kuna and nil Lipa)(hereinafter: “Authorization amount”) to the NEOSTAR account. The payment procedure of the previously stated amount is possible with the following credit cards:Visa®, Mastercard®, Maestro®, American Express® and Diners®.
As well, payment of the Authorization amount can be done offline, at the purchase places of contractual user, by accessing the POS terminals of the intermediary in payment Monri Payments d.o.o., Radnička cesta 54, HR-10000 Zagreb, OIB: 82551932122 (hereinafter: “Monri”).
By completely entering the required data and conducting the authorization of the amount necessary for the reservation (unless the BUYER-USER had selected purchase through credit and/or leasing - in which case it shall be considered that the vehicle has already been reserved; however, the PLATFORM still withholds the possibility to request an option confirmation of the vehicle reservation if the payment through a credit and/or leasing shall not cover the entire value of the vehicle), it shall be considered that BUYER-USER sent a request to SELLER-USER to obtain an offer for the purchase of the motor vehicle BUYER-USER marked as selected vehicle in the previously described procedure.
After the authorization of the amount necessary for the reservation has been conducted (or after the BUYER-USER has selected purchase on credit and/or leasing - in which case it shall be considered that the vehicle has already been reserved) BUYER-USER will, to their e-mail address, receive from the SELLER-USER an offer for the purchase of the Selected motor vehicle. In the respective offer the following links shall be stated:
- - a link to open informative contents of the Contract on the purchase of the motor vehicle (final version of the Contract on the purchase of the motor vehicle shall be created based on the circumstances of the type of USER and other circumstance stated in the procedure of the sales-purchase described in the Conditions of use: “Type of documents - Contents of the documents”).
- a link to the text of the Check list (the contents of the Check List are contained in the in the Conditions of use: “Verification of motor vehicle and NEOSTAR warranty”).
- a link to the text „General Terms and Conditions of the NEOSTAR warranty“ and “Scope of the NEOSTAR warranty“ (conditions for obtaining the NEOSTAR warranty are described in the Conditions of use: “Verification of motor vehicle and NEOSTAR warranty”).
Only upon the signing of the Contract on the sales-purchase of the motor vehicle, it is confirmed that all requirements form the submitted offer have been met. Duration of the respective offer depends on the selected payment method of the Purchase price and it is stated in the offer. BUYER-USER and SELLER-USER accept they shall, irrespective of the Purchase price payment method, and depending on whether the SELLER-USER is an ORDINARY USER or CONTRACTUAL USER, the procedure of the motor vehicle sales-purchase itself shall be conducted as follows:
a) When the SELLER-USER is an ORDINARY USER:
i. The moment of the Purchase price payment (on the condition that the payment is done during the time period for the payment of the purchase price stated in the offer);
ii. Within a further deadline of 5 (five) working days NEOINSPECTOR shall, in the name of and on behalf of the BUYER-USER, inspect the motor vehicle vehicle at the address of the SELLER-USER (final verification);
iii. In their Final verification, the NEOINSPECTOR confirms that it matches the conditions of the Initial verification i.e. the NEOINSPECTOR confirms that all requirements of the verification have been met;
iv. The NEOINSPECTOR shall note down eventual differences pertaining to the condition of the vehicle during the Final verification in comparison to the Initial verification in the Check List, and the BUYER-USER shall sign the list thus confirming their acknowledgment of the differences (apart from those differences (vehicle mileage) when the NEOINSPECTOR themselves can confirm these differences to be acceptable);
v. NEOINSPECTOR shall take the respective motor vehicle into their possession in the name of and on behalf of the BUYER-USER (except in the case when the BUYER-USER is personally present, together with the NEOINSPECTOR, in which case it shall be considered that the BUYER-USER has personally taken the respective motor vehicle into their possession), and in addition to the motor vehicle shall also take 3 (three) copies of the signed (by the SELLER-USER and/or the person signing the contract on behalf of the SELLER-USER) Sale-purchase Contract into their possession, out of which 1 (one) copy is signed in the name of and on behalf of the BUYER-SELLER and it stays with the SELLER-USER. By signing the Motor Vehicle Sales-purchase Contract, the BUYER-USER acknowledges that the vehicle meets their demands and accepts the sale on “as is” basis;
Whereat it shall be considered that all the requirements from the submitted offer have been met i.e. that the realized purchase of the selected motor vehicle (hereinafter: “The Moment of the selected motor vehicle purchase realization”), after which NEOSTAR shall pay portion of the Purchase price (price without fee) they hold in the name of and on behalf of the BUYER-USER to the account of the SELLER-USER, within 1 (written: one) working day. The SELLER-USER acknowledges that the moment of the arrival of portion of the Purchase price (price without fee) to their account depends on circumstances that are not necessarily under NEOSTAR’s control (for example, the rules of procedure of business banks) and that therefore the moment of arrival shall not necessarily be the day when NEOSTAR places an order to conduct the respective transaction.
b) When the SELLER-USER is a CONTRACTUAL USER:
i. The moment of the Purchase price payment (on the condition that the payment is done during the time period for the payment of the Purchase price stated in the offer);
ii. Within a further period of 5 (five) working days at the address of the SELLER-USER, the BUYER-USER shall inspect the motor vehicle;
iii. By signing the Motor Vehicle Sales-purchase Contract, the BUYER-USER acknowledges that the vehicle meets the demands of the BUYER-USER and accepts the sale on “as is” basis;
iv. BUYER-USER receives the respective motor vehicle into their possession, and in addition to the motor vehicle also receives 3 (three) copies of the signed Contract (signed by the SELLER-USER and/or the person who signs the contract in the name of and on behalf of the SELLER-USER) on the sale-purchase, which the BUYER-USER personally signs and 1 (one) copy of the Contract remains with the SELLER-USER. At the moment of receiving the respective motor vehicle into their possession, the BUYER-USER receives an invoice, unless sent to the e-mail address (as an e-invoice or in some other adequate form);
whereat it shall be considered that all the requirements from the submitted offer have been met i.e. that the realized purchase of the selected motor vehicle (hereinafter: “The moment of the selected motor vehicle purchase realization”), after which NEOSTAR shall pay portion of the Purchase price (price without fee) they hold in the name of and on behalf of the BUYER-USER to the account of the SELLER-USER, within 1 (written: one) working day. The SELLER-USER acknowledges that the moment of the arrival of portion of the Purchase price (price without fee) to their account depends on circumstances that are not necessarily under NEOSTAR’s control (for example, the rules of procedure of business banks) and that therefore the moment of arrival shall not necessarily be the day when NEOSTAR places an order to conduct the respective transaction.
Both BUYER-USER (in case they are ORDINARY USER) and SELLER-USER have the possibility to schedule a test ride through the PLATFORM until the moment of the selected vehicle purchase realization. Depending on NEOSTAR’s decision, NEOINSPECTOR shall participate in the respective test ride.
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PLATFORMA se može koristiti u svrhu olakšavanja ugovaranja usluge servisiranja motornih vozila.
PLATFORMA će KORISNIKU, koji želi reklamirati svoje usluge servisiranja motornih vozila, omogućiti unos podataka temeljem predefiniranih kategorija. Predmetno unošenje podataka, te odabir opcije za objavu istih smatrati će se pozivom za sklapanje ugovora o marketinškoj suradnji s NEOSTAROM. NEOSTAR će u daljnjem roku od najdulje 15 (petnaest) dana dostaviti KORISNIKU nacrt Ugovora o poslovnoj suradnji (kojim će se definirati uvjeti oglašavanja i licence za korištenje softverskog rješenja). Potpisom istog / istih KORISNIK postaje UGOVORNI KORISNIK – SERVISER. NEOSTAR zadržava pravo odbiti sklopiti Ugovor o poslovnoj suradnji s KORISNIKOM, te se predmetno ne smatra pozivom za dostavljanjem ponude i/ili obvezujućom radnjom NEOSTAR-a.
KORISNIK koji želi izvršenje usluge servisiranja motornog vozila, te zbog navedenog putem PLATFORME pristupi reklamiranom UGOVORNOM KORISNIKU – SERVISERU i unese podatke u za to predviđenim mjestima na PLATFORMI, od trenutka podnošenja upita i/ili zahtjeva za servisiranjem motornog vozila prema UGOVORNOM KORISNIKU – SERVISERU i/ili rezerviranja termina servisiranja motornog vozila i/ili isplati naknadu za servisiranje motornog vozila postaje KORISNIK – NARUČITELJ SERVISERA.
Oglas UGOVORNOG KORISNIKA – SERVISERA u vidu reklamiranja usluge servisiranja, ukoliko isti odgovaraju uvjetima za objavu (uvjeti za objavu opisni su u: Uvjeti korištenja „Objava oglasa servisiranja motornog vozila“), objavit će se na samoj PLATFORMI na način da će biti javno vidljivi svim POSJETITELJIMA i KORISNICIMA PLATFORME.
UGOVORNI KORISNIK – SERVISER jamči da je odnosni servisni prostor za servisiranje motornih vozila njegovo isključivo vlasništvo ili da u pogledu istog raspolaže svim valjanim ovlaštenjima koja su temeljem primjenjivih propisa potrebna za uredno provođenje poslovnih aktivnosti UGOVORNOG KORISNIKA – SERVISERA, da se glede predmetnog servisnog prostora ne vodi nikakav spor pred sudom ili izabranim sudištem (arbitraža), te da predmetno nije opterećeno nikakvim teretom, zalogom, niti pravima trećih, bilo upisanim ili neupisanim, koja isključuju, umanjuju ili ograničavaju pravo i/ili mogućnosti UGOVORNOG KORISNIKA – SERVISERA na uredno provođenje poslovnih aktivnosti UGOVORNOG KORISNIKA – SERVISERA.
UGOVORNI KORISNIK – SERVISER izjavljuje i jamči da je u sustavu PDV-a te se za svo vrijeme trajanja odnosa s NEOSTAROM i/ili PLATFOROM poslovati na način da se u svako doba nalazi u sustavu PDV-a.
UGOVORNI KORISNIK - SERVISER prilikom unosa podataka putem PLATFORME, te unutar mogućnosti unosa takvih podataka u samu PLATFORMU i u razini u kojoj to PLATFORMA omogućava, mora (i) pružiti potpune i točne informacije o sebi i svom servisu (ii) otkriti bilo kakve nedostatke i/ili ograničenja servisa i/ili svojih usluga (iii) pružiti sve ostale relevantne informacije. UGOVORNI KORISNIK - SERVISER je isključivo odgovoran za sadržaj podataka i/ili ažuriranje unesenih podataka. Posebice, UGOVORNI KORISNIK - SERVISER odgovoran je za unos podataka koji su potrebni za zakonito obavljanje platnih transakcija koje su potrebne kako bi se proveli poslovni procesi koje UGOVORNI KORISNIK - SERVISER odabere tijekom korištenja PLATFORME (ovo uključuje, ali se ne ograničava na, broj računa, IBAN i Swift / BIC Code (ako je primjenjiv). UGOVORNI KORISNIK - SERVISER dužan je radi omogućavanja obavljanja platnih transakcija koristiti broj svojeg računa te prihvaćanjem ovih Općih uvjeta potvrđuje da je bankovni račun čije je podatke unio na PLATFORMU njegov račun te da nema zakonskih zapreka za obavljanje platnog prometa po istom. NEOSTAR postupa s predmnijevom istinitosti i/ili točnosti prethodnog navedenog te u slučaju suprotnog UGOVORNI KORISNIK - SERVISER oslobađa NEOSTAR bilo kakve odgovornosti koja može proizaći iz suprotnog ponašanja.
Posebice, UGOVORNI KORISNIK – SERVISER izjavljuje i jamči da ne postoje nikakve zaprjeke (npr., ali se ne ograničavajući na, blokada računa, nemogućnost vršenja obračunskih plaćanja zabrana raspolaganja oročenim novčanim sredstvima, a gotov novac koji je primio obavljajući registriranu djelatnost dužan je položiti na svoj račun u banci) kako bi se novčane transakcije vezane uz njegov poslovni račun odvijale na način i u rokovima kako je to predviđeno ovim Općim uvjetima, Ugovorom o poslovnoj suradnji i/ili s njima povezanim dokumentima. UGOVORNI KORISNIK – SERVISER obvezuje se za svo vrijeme trajanja odnosa s NEOSTAROM i/ili PLATFOROM poslovati na način da se u svako doba u cijelosti pridržava izjave i jamstva danog u prethodnoj rečenici.
NEOSTAR neće redovito provjeravati sadržaj kojiUGOVORNI KORISNIK – SERVISER, ali zadržava pravo (ali ne i obvezu) da ukloni sadržaj štetnog ili zabranjenog karaktera kad ustanovi da je isti objavljen na web stranici. Materijali zaštićeni autorskim pravima, uključujući bez ograničenja softver, grafiku, tekstove, zvučne, video i glazbene zapise, ne smiju se objavljivati bez pravno valjanog dopuštenja vlasnika autorskog prava ili jednakovrijednog dokumenta.
UGOVORNI KORISNIK - SERVISER je jedina osoba odgovorna za postavljanje cijene servisiranja motornih vozila i/ili termina servisiranja motornih vozila koje reklamira putem i/ili uz pomoć PLATFORME (uključujući sve poreze i/ili troškove koji temeljem primjenjivih propisa terete UGOVORNOG KORISNIKA – SERVISERA).
Postupak objave oglasa u svrhu servisiranja motornog vozila UGOVORNI KORISNIK - SERVISER započinje uz uvjet da je prethodno registriran za korištenje PLATFORME te da je s NEOSTAR sklopio Ugovor o poslovnoj suradnji, na način da naznači i/ili priloži podatke (cijena, fotografije, pisani tekst, i sl.) na PLATFORMI, a sve u svrhu reklamiranja iste usluge servisiranja motornih vozila. Fotografije i/ili animacije i/ili videozapisi (zbirno, „slike“) koji se koriste u oglasima UGOVORNOG KORISNIKA - SERVISERA moraju točno odražavati kvalitetu i stanje servisne radnje i/ili poslovnog prostora / nekretnine u/na kojoj se odnosna servisna radnja nalazi te su isključiva odgovornost UGOVORNOG KORISNIKA – SERVISERA. NEOSTAR zadržava pravo zahtijevati da oglas/i imaju minimalni broj slika određenog formata, veličine i rezolucije.
Sam postupak servisiranja motornog vozila počinje na način da KORISNIK - NARUČITELJ SERVISERA na PLATFORMI odabere UGOVORNOG KORISNIKA – SERVISERA i na „za to označenim poljima“ naznači zahtijevanu uslugu (koja može sadržavati i robu/dijelove koji će se ugrađivati prilikom izvršenja usluge servisiranja, pa se zbog navedenog u ovim općim uvjetima pod uslugom servisiranja podrazumijevaju i radovi i/ili roba/dijelovi kumulativno ukoliko je naručena usluga sadržavala i jedno i drugo), te vrijeme i datum izvršenja usluge servisiranja (ukoliko je riječ o „instant“ usluzi) ili će predložiti datum i vrijeme izvršenja usluge servisiranja (ukoliko je riječ o „ne instant“ usluzi).
Ukoliko UGOVORNI KORISNIK – SERVISER naznači da uslugu servisiranja obavlja „instant“ isto podrazumijeva da će isti uslugu naručenu od strane KORISNIKA – NARUČITELJA SERVISA obaviti u terminu (na datum i/ili vrijeme) koji je kao takav naznačen kao slobodan i odabran je od strane KORISNIKA – NARUČITELJA SERVISA. Kod opcije „Instant“ nije potrebna potvrda termina od strane UGOVORNOG KORISNIKA-SERVISERA budući NARUČITELJ SERVISA odabire termin koji je slobodan i odabrani termin nije moguće mijenjati/otkazati od strane UGOVORNOG KORISNIKA-SERVISERA.
U situaciji kada UGOVORNI KORISNIK – SERVISER naznači da servisiranja obavlja „ne instant“ isto podrazumijeva da će isti uslugu naručenu od strane UGOVORNI KORISNIK – SERVISER obaviti u terminu koji se naknadno dogovori i/ili komunicira (putem PLATFORME) između KORISNIKA – NARUČITELJA SERVISA i UGOVORNI KORISNIK – SERVISER. Dakle, kod „ne instant“ usluge potrebno je da UGOVORNI KORISNIK – SERVISER potvrdi termin unesen / zatražen od strane KORISNIKA – NARUČITELJA SERVISA. Ukoliko UGOVORNI KORISNIK – SERVISER u roku od 24 (dvadeset i četiri) sata ne potvrdi termin unesen / zatražen od strane KORISNIKA – NARUČITELJA SERVISA, smatrat će se da termin nije dogovoren, odnosno da je isti odbijen od strane UGOVORNOG KORISNIKA – SERVISERA.
UGOVORNI KORISNIK – SERVISER obvezuje se da će dogovorenu uslugu servisiranja motornog vozila za KORISNIKA – NARUČITELJA SERVISA obaviti:
1) u skladu s pravilima struke;
2) za naknadu koja je određena i kao takva vidljiva na PLATFORMI;
3) u određenom/dogovorenom terminu i mjestu izvršenja.
Usluga servisiranja motornog vozila pruža se kao kumulativan skup radova i/ili roba/dijelova unaprijed definiranih i uređenih po skupinama koje se za potrebe ovih Općih uvjeta nazivaju „servisni paketi“. Servisni paket obuhvaća ukupan rad UGOVORNOG KORISNIKA – SERVISERA u trajanju propisanim od strane proizvođača vozila /tvornički normativ) i/ili ukupnu robu/dijelove potrebne za izvršenje određene usluge servisa te može biti standardno kategoriziran kao „Economy“ ili „Premium“.
Servisni paket „Economy“ podrazumijeva profesionalan i stručan rad UGOVORNOG KORISNIKA-SERVISERA i/ili robu/dijelove potrebne za izvršenje određene usluge servisa, pozicionirane u nižem do srednjem razredu cijena na tržištu maloprodaje roba/dijelova za motorna vozila
Servisni paket „Premium“ podrazumijeva profesionalan i stručan rad UGOVORNOG KORISNIKA-SERVISERA i/ili robu/dijelove potrebne za izvršenje određene usluge servisa, pozicionirane u srednjem do višem razredu cijena na tržištu maloprodaje roba/dijelova za motorna vozila
NEOSTAR ne sudjeluje u određivanju proizvođača robe/dijelova koji se ugrađuju u vozilo, već je isto u potpunosti prepušteno odnosu UGOVORNOG KORISNIKA – SERVISERA i KORISNIKA – NARUČITELJA SERVISA, pri čemu se mogući izbor definira odabirom „Economy“ ili „Premium“ standardnog servisnog paketa od strane KORISNIKA – NARUČITELJA SERVISA.
Dodatno, UGOVORNOM KORISNIKU – SERVISERU bit će omogućeno od strane Platforme kreirati i vlastite, tzv. „custom made“ servisne pakete, ili kao unaprijed pripremljene ili kreirane kroz direktan kontakt s KORISNIKOM – NARUČITELJEM SERVISA.
UGOVORNI KORISNIK – SERVISER nakon odabira termina servisiranja motornog vozila i naznake same usluge servisiranja motornog vozila može naručiti uslugu na način da izvrši plaćanje iste usluge (unaprijed) ili samo da naruči uslugu bez plaćanja iste unaprijed (u takvoj soluciji UGOVORNI KORISNIK – SERVISER uslugu će podmiriti nakon izvršenja iste u roku dospijeća kako je to naznačeno na računu UGOVORNOG KORISNIKA – SERVISERA). Plaćanja usluge servisiranja regulirano je sukladno uvjetima za novčane transakcije i rezervaciju (uvjeti su opisani u: Uvjeti korištenja „Novčana transakcija i rezervacije“, podskupina: „Novčane transakcije za uslugu servisiranja.
Nakon o dogovora termina i sadržaja usluge servisiranja KORISNIK – NARUČITELJ SERVISA zaprimiti će u svoj osobni pretinac potvrdu u kojoj će biti vidljive slijedeće informacije:
1) sadržaj naručene usluge servisiranja,
2) podatci o UGOVORNI KORISNIK – SERVISER,
3) datum i vrijeme naručene usluge servisiranja,
4) naknada za uslugu servisiranja motornog vozila.
Izvršenje usluge servisiranje, odnosno trenutak istoga, te sam sadržaj prava i obveza, a uzimajući u obzir okolnost da NEOSTAR omogućuje korištenje PLATFORME i/ili srodne tehnologije za UGOVORNE KORISNIKE - SERVISERE i/ili KORISNIKE – NARUČITELJE SERVISA motornih vozila, u svrhu reklamiranja i/ili pojednostavljenja postupka narudžbe servisiranja motornih vozila, predstavlja isključivo odnos između UGOVORNOG KORISNIKA - SERVISERA i KORISNIKA – NARUČITELJA SERVISA, te u vidu navedenoga informacije o okolnosti izvršenja usluge naručenog servisiranja, a koje su relevantne za čuvanje i/ili isplatu novčanih iznosa u vidu naknade za uslugu servisiranja sukladno „Uvjeti korištenja „Novčana transakcija i rezervacije“, podskupina: „Novčane transakcije za uslugu servisiranja“, NEOSTAR će zaprimiti od strane UGOVORNOG KORISNIKA – SERVISERA, a sa čim je KORISNIK – NARUČITELJ SERVISA suglasan.
NEOSTAR i/ili PLATFORMA nije UGOVORNI KORISNIK - SERVISER i/ili KORISNIK – NARUČITELJ SERVISA i/ili vlasnik UGOVORNOG KORISNIKA - SERVISERA motornih vozila i/ili zastupnik (odnosno agent, posrednik ili komisionar) UGOVORNOG KORISNIKA - SERVISERA i/ili KORISNIKA – NARUČITELJA SERVISERA. Sukladno navedenom. NEOSTAR i/ili PLATFORMA ne daje nikakvo jamstvo za izvršene usluge UGOVORNOG KORISNIKA – SERVISER i/ili kvalitetu izvršenja iste, kao niti bilo koju drugu vrstu jamstva i/ili garancije vezano uz odnos UGOVORNOG KORISNIKA - SERVISERA i/ili KORISNIKA – NARUČITELJA SERVISERA, osim ako ovim Općim uvjetima nije što drugo izrijekom predviđeno.
Conditions Of Use “Monetary Transactions And Reservation” in relation to sale-purchase of motor vehicle;
The reservation procedure starts when the BUYER-USER chooses the Selected motor vehicle. The Selected motor vehicle is considered reserved after the USER-BUYER has finished the entire reservation procedure and has filled in all fields necessary to reserve the product and choose the payment method to pay the Purchase price (payment order, credit, leasing). Only if the BUYER-USER selected the purchase entirely through a credit and/or leasing, shall it be considered that the vehicle has already been reserved.
The selected motor vehicle shall be considered reserved from the moment of reservation until moment the financing procedure is finished (the moment when the financing procedure is finished is the moment of the Purchase price payment), but not longer than 15 (fifteen) days.
The PLATFORM withholds the possibility to request an option confirmation of the vehicle reservation if the payment through a credit and/or leasing shall not cover the entire value of the vehicle, whereas the carrying out of the reservation procedure (after which the reservation deadline not longer than 15 (fifteen) days starts) shall be possible for the BUYER-USER only within 48 (forty eighth) hours starting from the moment of selecting the payment method for financing of the Purchase price for the selected vehicle, whereat during the time of conducting the reservation procedure the selected motor vehicle is not reserved.
The reservation procedure comprises following actions:
i. Click on the respective motor vehicle, which is an action that takes BUYER-USER to the details about the motor vehicle and enables them to choose the selected motor vehicle as Selected motor vehicle.
ii. Click on the field “Reserve”, which is an action that enables the BUYER-USER to open the fields that they need fill in (fields to enter needed data).
iii. After that, the BUYER-USER is forwarded to a safe website for online authorization of credit cards of intermediaries in online paymentWSPay.
iv. On the website for online authorization of credit cards, the BUYER-USER enters their credit card and credit card owner data, and by clicking on the designated field conducts the authorization of the means on the credit card in the fixed amount of HRK 2,000.00 (in writing: two thousand Kuna and nil Lipa). The authorization procedure of the previously stated amount is possible with the following credit cards Visa®, Mastercard®, Maestro®, American Express® and Diners®.
As well, payment of the Authorization amount can be done offline, at the purchase places of contractual user, by accessing the POS terminals of the intermediary in payment Monri.
By completing the entry of the required data and selecting the Purchase price payment entirely through credit and/or leasing i.e. by authorizing the amount necessary for the reservation if applicable, the BUYER-USER has sent the SELLER-USER a request to submit an offer to purchase the Selected motor vehicle which they have designated as the Selected motor vehicle during the previously described procedure and for which they request an offer to be submitted.
After the reservation of the BUYER-USER has been received, and on the condition that the entry of their data is complete and authorization of the amount carried out, a confirmation of successful authorization shall be sent to the BUYER-USER’s e-mail address (that the BUYER-USER stated during the reservation processes).
Authorization amount shall be paid to the NEOSTAR account. It will be used at the moment of the Selected motor vehicle purchase realization or “released” after non-realization of the Selected motor vehicle purchase (the moment of the expiry of the offer for the Selected motor vehicle purchase shall be taken as the moment when non-realization of the purchase occurs - only by signing the Contract on sales-purchase it is confirmed that all requirements from the submitted offer have been met), and returned to the BUYER-USER to the account from which the means were paid.
Since the authorization of the amount necessary for the reservation shall not be deemed concluded contract, it does not entail giving deposit nor forfeit money.
The amount of authorization that the BUYER-USER makes available shall be “released” to the BUYER-USER in case the moment of the Selected motor vehicle purchase realization does not occur, pursuant to the General Terms and Conditions of the credit card company through which the BUYER-USER had carried out the authorization procedure.
In case the Purchase price is paid in total within the deadline stated in the sent offer, the authorization amount shall be calculated as part of the total Purchase price of the Selected motor vehicle.
In addition to the authorization amount payment at the moment of the Selected motor vehicle purchase realization, all other monetary transactions in terms of Purchase price payment, until the “Moment of the Selected motor vehicle purchase realization”, are carried out to NEOSTAR’s account, and NEOSTAR receives respective sums of money in the name and on behalf of the BUYER-USER.
The “Moment of the Selected motor vehicle purchase realization” shall be considered as the moment when NEOSTAR stops keeping respective sums of money (received in the name of and on behalf of the BUYER-USER) in the name of and on behalf of the BUYER-USER, and starts keeping them in the name of and on behalf of the SELLER-USER.
If the “Moment of the Selected motor vehicle purchase realization” does not occur, the amount of the paid Purchase price and/or a part of the paid Purchase price in NEOSTAR’s account shall be returned/paid to the BUYER-USER to their account (from which the payment was made by the BUYER-USER) within a time period of 90 (ninety) days from the day of the payment of the respective Purchase price at the latest.
If the BUYER-USER chose to buy the Selected motor vehicle on credit and/or leasing - in this case it shall be considered that the motor vehicle has already been reserved and therefore registration procedure, described in this chapter CONDITIONS OF USE “MONETARY TRANSACTION AND RESERVATION”, shall not be conducted. However, the PLATFORM still withholds the possibility to request an option confirmation of the vehicle reservation if the payment through a credit and/or leasing shall not cover the entire value of the vehicle, as described in this chapter.
Uvjeti korištenja „Novčana transakcija i rezervacije“ u svezi servisiranja motornog vozila
Potpunim unošenjem zahtijevanih podataka, i izborom podmirenja cijene naknade usluge servisiranja motornog vozila (plaćanje iste usluge (unaprijed)) te uplatom iste putem kreditnih kartica posrednika u online / offline naplati […] d.o.o. KORISNIK – NARUČITELJ SERVISERA istu naknadu uplaćuje na račun NEOSTAR koji isti iznos do trenutka izvršenja naručene usluge servisiranja čuva u ime i za račun KORISNIK – NARUČITELJ SERVISERA, a dok od trenutka izvršenja usluge servisiranja čuva u ime i za račun UGOVORNOG KORISNIKA – SERVISERA te s tim novčanim iznosom raspolaže UGOVORNI KORISNIK – SERVISER.
U slučaju da KORISNIK – NARUČITELJ SERVISERA prilikom narudžbe usluge servisiranja nije prihvatio soluciju da naručenu uslugu servisiranja isplati unaprijed, isti će naknadu za izvršenu uslugu servisiranja isplatiti UGOVORNOM KORISNIKU – SERVISERU prilikom i/ili neposredno poslije izvršenja usluge servisiranja na adresi UGOVORNOG KORISNIKA – SERVISERA.
Ako KORISNIK – NARUČITELJ SERVISERA odustane od narudžbe, a iznos usluge servisiranja je isplaćen unaprijed, NEOSTAR će iznos usluge servisiranja vratiti KORISNIKU – NARUČITELJU SERVISERA, uplatom na račun s kojeg je odnosi iznos i zaprimljen.
Use of the package: “Sale and purchase of motor vehicles“
NEOSTAR has the right to charge an appropriate Fee to the SELLER-USER for enabling the SELLER-USER to use the package of services available on the PLATFORM (hereinafter: “Fee”).
The Fee represents the fee for the SELLER-BUYER’s successful realization of the Selected motor vehicle sale by using the package of services given to the SELLER-BUYER’s disposal on the PLATFORM and it amounts to 2% (in writing: 2 percent) of the contracted Purchase price, increased by the applicable amount of VAT charged to the Fee in question, whereat the minimum fee shall amount to not less than HRK 999.00 (in writing: nine hundred and ninety-nine Kuna and nil Lipa) increased by the applicable amount of VAT charged to the Fee in question and the maximum fee shall amount to not more than HRK 3,999.00 (in writing: three thousand nine hundred and ninety-nine Kuna and nil Lipa) increased by the applicable amount of VAT charged to the Fee in question.
For the purpose of these General Terms and Conditions it shall be considered that all amounts NEOSTAR possibly settles in the name and on behalf of the SELLER-USER are included in the amount of the Fee.
The SELLER-USER, as the only person responsible for the respective action, posts the price of the motor vehicle (price without fee) they are selling through and/or with the help of the PLATFORM (including all taxes and/or costs that the SELLER-USER must bear according to the applicable rules, if these exist, including VAT/administrative charge if applicable), whereat the SELLER-USER accepts that they shall not offer the vehicle in a different way at a lower price. The price of the motor vehicle, which the SELLER-USER posts pursuant to the previous sentence, shall be increased by adding the aforementioned percentage of the automatically generated fee (with the abovementioned limitation of minimum and maximum fee), and shall then be the Purchase price of the motor vehicle i.e. Purchase price.
The right to the Fee is due immediately after the “Moment of the Selected motor vehicle purchase realization”, and NEOSTAR shall charge it from the amount of the Purchase price it holds at that moment in the name and on behalf of the SELLER-BUYER, within 1 (in writing: one) working day.
Exceptionally, if the SELLER-BUYER uses the PLATFORM as a tool to store the data about the vehicles they intend to sell thus limiting themselves the use of the package of services made available to them through the PLATFROM, and sells the vehicles independently, without using any other service from the package made available through the PLATFORM (to clarify, a vehicle shall not be published on the Platform i.e. it shall not be visible to third parties through the Platform), he will be charged a Discounted Fee amounting to 0.5 % (in writing: nil point five (half) percent) of the contracted Purchase price, ) increased by the applicable amount of VAT charged to the Fee in question.
The right to the Discounted Fee is due […], and NEOSTAR shall charge it […], within 1 (in writing: one) working day.
An overview of Fees charged for the use of the package of services through the PLATFORM shall be visible to the SELLER-USER in their personal profile or shall be delivered to them by e-mail which the SELLER-USER registered on the PLATFORM. Additionally, each charged Fee shall be accompanied by a corresponding invoice that the SELLER-USER shall receive from NEOSTAR in their personal profile and/or by e-mail which the SELLER-USER registered on the PLATFORM.
By accepting these General Terms and Conditions, the SELLER-USER gives explicit and irrevocable consent to NEOSTAR allowing NEOSTAR to deduct and withhold any amount that the SELLER-USER owes to NEOSTAR from the amount that NEOSTAR owes to the SELLER-USER at any moment, pursuant to laws and regulations.
NEOSTAR reserves the right to amend conditions and/or amount of fee/s, under the same conditions valid for these General Terms and Conditions.
The procedure of potential motor vehicle publication for the purpose of selling it by using and/or through the PLATFORM starts when the SELLER-USER enters necessary data.
The SELLER USER shall guarantee that the respective motor vehicle is their sole propriety or that they dispose of all valid authorizations for the respective vehicle that are necessary, in line with the applicable laws and regulations, to conduct activities on the PLATFORM, that there are no disputes before the court or chosen court (arbitration) with regard to the respective motor vehicle, and that the respective motor vehicle is free of any encumbrance, lien, or third party rights, registered or not, that exclude, diminish or limit the right of BUYER-USER (this rule does not pertain to the CONTRACTUAL USER who concludes a separate business cooperation contract with NEOSTAR, prior to gaining their status, that regulates, among other thing, the conditions of buying or selling a thing of another).
At the moment of entering the data through the PLATFORM, and within the scope of possibilities to enter such data into the PLATFORM (for example the SELLER-USER states the condition of the vehicle by selecting the options “Very good”, “Good”, “Satisfactory (road worthy)” and to the extent that the PLATFORM enables it, must (i) provide complete and accurate information about themselves and their motor vehicle (ii) disclose any flaws and/or limitations of the motor vehicle and (iii) provide any other relevant information. The SELLER-USER is solely responsible for the content and/or update of the data entered (including photographs).
By accepting these General Terms and Conditions, the SELLER-USER is obliged to and guarantees that they will not use the PLATFORM for any kind of organized and biased political activity and that they will not publish or spread illicit content, including the following:
- Defamatory, disturbing or threatening messages and content;
- Mentioning of illicit activities with an intent of committing them, or encourage others of doing such activities;
- Violating or illegally appropriating other people’s intellectual property, including copyrights, registered trademarks and trade secrets;
- Content that contains profane and inappropriate language or pictures;
- Advertising, promotional and other materials for commercial purposes, if they are not directly linked to activities conducted through the PLATFORM i.e. That are not the subject of sales and/or services and/or damage reporting and processing;
- Content malicious for other users or visitor of the PLATFORM;
- Any content that violates applicable national or international regulations (including, for instance, any activity contrary to Recommendation No. R(97) 20 of the Council of Europe on “Hate Speech”, to the Act on Prevention of Discrimination (Official Gazette no. 85/08 and no. 112/12) or those that in any way encourage violence or hatred or represents any form of discrimination);
- Content that checks or tests vulnerability of an internet system or network;
- Content that violates or circumvents security measures;
- Content that distracts or endangers activities and work of any user, domain or network, for example, by sending computer viruses, spam e-mails, “bombarding” with mails and similar;
- Content that covertly spreads malicious software (malware).
NEOSTAR shall not regularly check the content that the SELLER-USER publishes/uploads, but it reserves the right (not an obligation though) to remove malicious or illicit content when it NEOSTAR has established that such content had been published on the web-site. Copyright materials, including without limitation to, software, graphics, texts, sound, video and music records, cannot be published without legally valid approval from the copyright owner or equivalent document. Furthermore, by registering on the web-site, the SELLER-USER confirms they shall not: a) reproduce, duplicate, copy, sell or resell or use any part of the platform apart from what they are allowed to do pursuant to these General Terms and Conditions; (b) use the name, trademark, servers or any other material of NEOSTAR and BUSINESS PARTNERS to send unsolicited or illicit e-mails and other forms of communication; (c) use any automated or electronic means to access the PLATFORM (including without limitation to robots, spiders, scripts or tools to take down web-sites); (d) set up pop-up ads or any other content that disrupts and endangers the visibility of the PLATFORM or (e) disturbs and interferes with the web-site or servers and networks connected with the PLATFORM, or in any way violates conditions, procedures and regulations of the network connected with the PLATFORM. Finally, by registering on the PLATFORM the SELLER-USER guarantees they will not access or try to access the accounts of other persons and represent themselves falsely during the use of the PLATFORM.
Photographs and/or animations and/or video records (collectively, “images”) used in USER’s ads shall reflect the exact quality and condition of the motor vehicle and are the sole responsibility of the USER. NEOSTAR shall reserve the right to demand that ad/s have a minimum number of photographs of a certain format, size and resolution.
By the same token, NEOSTAR reserves the right, through predefined categories for data entry or by examining the data the SELLER-USER freely enters, not to publish a certain motor vehicle, for example, but without limitation:
- Motor vehicle production year (motor vehicle cannot be older than 15 (fifteen) years);
- Motor vehicle mileage (motor vehicle’s mileage cannot exceed 250,000 (two hundred and fifty thousand) kilometers);
- Incomplete data that are a prerequisite for the publication of the motor vehicle (entry is not possible without complete data i.e. one of the prerequisites is to enter all data);
- Based on the general condition of the motor vehicle (for example, damage visible on the photographs);
- Low-quality of the published photographs;
- In case there is reason to believe that a vehicle is not at the site of delivery (in the contracted area where the PLATFORM undertakes its business activities - the area where the legal person/entity/subject who is the rightholder of the PLATFORM is registered.
- General non-conformity of data.
The SELLER-USER starts the procedure of publishing an ad in order to sell a motor vehicle, having been previously registered to use the PLATFORM, by stating and/or attaching the data (price, photographs, written text, etc.) on the PLATFORM, all for the purpose of advertising the motor vehicles in order to sell them. Although the PLATFORM usually enables entry of data based on the predefined categories, the content for publication is the personal choice of the SELLER-USER. The PLATFORM and/or NEOSTAR shall not be held liable for the quality and/or truthfulness of data regarding the motor vehicles entered by the SELLER-USER.
SELLER-USER has the possibility to decide whether they will check the option “Instant” next to the vehicle (“Instant” means that the vehicle is always available for purchase and that a potential BUYER-USER can purchase it, regardless of the option referring to the price - “fixed” or “non-fixed”) or “Non-instant” (“Non-instant” means that a motor vehicle does not always have to be available for purchase and that a potential BUYER-USER has to first ask if the vehicle in question is available and/or suitable for sales).
If these data meet the publication conditions, data chosen by the SELLER-USER shall be published on the PLATFORM so they are publicly visible to all the VISITORS and USERS of the PLATFORM. Such an advertisement shall contain the message “Vehicle in arrival” because the procedure of selling a vehicle is only possible if NEOSTAR conducts the Initial verification of the respective motor vehicle pursuant to the conditions for the verification (these conditions are described in the Conditions of use “Verification of a motor vehicle and the NEOSTAR warranty”).
The act of publication itself shall not be considered neither general offer nor display of goods or invitation to bid or make an offer.
The SELLER-USER is the only person responsible for posting the price (price without fee) they sell through and/or with the help of the PLATFORM (including all taxes and/or costs that the SELLER-USER must bear according to the applicable rules). The price of the motor vehicle which is, pursuant to the previous sentence, posted by the SELLER-USER, plus the PLATFORM Fee which is automatically generated, presents the Purchase price of the motor vehicle or the Purchase price.
The SELLER-USER has the possibility to decide whether they will mark the price (price without fee) as fixed (and by doing so disable a potential BUYER-USER from negotiating about the Purchase price and leave them only with the option to accept it) or as non-fixed (enabling the potential BUYER-USER to offer a lower Purchase price).
With regard to the price posted by the SELLER-USER who is an ORDINARY USER, the PLATFORM reserves the right to publish and/or delete the ad in the following cases:
- If the price posted by the SELLER-USER is too high (“Unusually high price”) and it can therefore be considered that the SELLER-USER does not really intend to sell the motor vehicle, and that the primary cause of them joining the PLATFORM is their own marketing;
- If the price posted by the SELLER-USER is too low (“Unusually low price”) and it can therefore be considered that the SELLER-USER circumvents applicable laws and regulations (dumping, paying the difference up to the market price through channels different from those envisaged by the PLATFORM);
- If the price posted by the SELLER-USER is not lower than the price of the respective motor vehicle that the SELLER-USER had published on other platforms/classifieds (“Lowest price guarantee”).
In order to avoid potential misunderstandings the PLATFORM shall, pursuant to the data SELLER-USER entered, offer a SMART price option as a recommended price which the SELLER-USER will be able to select for entry.
To calculate the SMART price which will be offered to the SELLER-USER as an option to select, parameters available to NEOSTAR on the respective market shall be used.
Generally, NEOSTAR shall rank the advertisements on the PLATFORM by timeline of their publication, in a way that the later advertisement on the PLATFORM is placed above the earlier one. However, the placement and ranking of the entry in the search results on the PLATFORM can vary and depend on multiple factors, such as parameters and settings of the USER’s search.
Since the SELLER-USER is solely responsible for the entry and accuracy of the motor vehicle data (among other things, the SELLER-USER is the only person responsible for posting the price (price without fee) they are selling through and/or with the help of the PLATFORM, including all taxes and/or costs that the SELLER-USER must bear according to the applicable rules, if these exist, including VAT/administrative charge if applicable) entered into the corresponding rubrics of the PLATFORM, NEOSTAR recommends that the SELLER-USER always checks these data when entering them. Usually, rectification of data shall be possible only by deleting the old entry and entering the motor vehicle data.
NEOSTAR omogućuje korištenje PLATFORME i/ili srodne tehnologije za UGOVORNE KORISNIKE - SERVISERE i/ili KORISNIKE – NARUČITELJE SERVISA motornih vozila, u svrhu reklamiranja i/ili pojednostavljenja postupka narudžbe servisiranja motornih vozila.
NEOSTAR i/ili PLATFORMA nije UGOVORNI KORISNIK - SERVISER i/ili KORISNIK – NARUČITELJ SERVISA i/ili vlasnik UGOVORNOG KORISNIKA - SERVISERA motornih vozila i/ili zastupnik (odnosno agent, posrednik ili komisionar) UGOVORNOG KORISNIKA - SERVISERA i/ili KORISNIKA – NARUČITELJA SERVISERA.
Postupak potencijalne objave reklamiranja usluge servisiranja motornog vozila pomoću i/ili putem PLATFORME započinje unošenjem potrebnih podataka od strane KORISNIKA.Predmetno unošenje podataka, te odabir opcije za objavu istih smatrati će se pozivom za sklapanje ugovora o poslovnoj suradnji s NEOSTAR. NEOSTAR će u daljnjem roku od najdulje 15 (petnaest) dana dostaviti KORISNIKU nacrt Ugovora o poslovnoj suradnji (kojim će se definirati uvjeti oglašavanja i licence za korištenje softverskog rješenja). Potpisom istog ugovora KORISNIK postaje UGOVORNI KORISNIK – SERVISER.
KORISNIK koji želi izvršenje usluge servisiranja motornog vozila, te zbog navedenog putem PLATFORME pristupi reklamiranom UGOVORNOM KORISNIKU – SERVISERU i unese podatke u za to predviđenim mjestima na PLATFORMI, od trenutka podnošenja upita i/ili zahtjeva za servisiranjem motornog vozila prema UGOVORNOM KORISNIKU – SERVISERU i/ili rezerviranja termina servisiranja motornog vozila i/ili isplate naknade za servisiranje motornog vozila postaje KORISNIK – NARUČITELJ SERVISERA.
UGOVORNI KORISNIK – SERVISER jamči da je odnosni servisni prostor za servisiranje motornih vozila njegovo isključivo vlasništvo ili da u pogledu istog raspolaže svim valjanim ovlaštenjima koja su temeljem primjenjivih propisa potrebna za provođenje aktivnosti na PLATFORMI, da se glede predmetnog servisnog prostora ne vodi nikakav spor pred sudom ili izabranim sudištem (arbitraža), te da predmetno nije opterećeno nikakvim teretom, zalogom, niti pravima trećih, bilo upisanim ili neupisanim, koja isključuju, umanjuju ili ograničavaju pravoUGOVORNOG KORISNIKA – SERVISERA.
Ukoliko isti odgovaraju uvjetima za objavu (uvjeti za objavu opisni su u: Uvjeti korištenja „Objava oglasa servisiranja motornog vozila“) isti će se objaviti na samoj PLATFORMI na način da će biti javno vidljivi svim POSJETITELJIMA i KORISNICIMA PLATFORME.
Sam postupak servisiranja motornog vozila počinje na način da KORISNIK - NARUČITELJ SERVISERA na PLATFORMI odabere UGOVORNOG KORISNIKA – SERVISERA i na „za to označenim poljima“ naznači zahtijevanu uslugu (koja može sadržavati i robu/dijelove koji će se ugrađivati prilikom izvršenja usluge servisiranja, pa se zbog navedenog u ovim Općim uvjetima pod uslugom servisiranja podrazumijevaju i radovi i/ili roba/dijelovi kumulativno ukoliko je naručena usluga sadržavala i jedno i drugo), te vrijeme i datum izvršenja usluge servisiranja (ukoliko je riječ o „instant“ usluzi) ili će predložiti datum i vrijeme izvršenja usluge servisiranja (ukoliko je riječ o „ne instant“ usluzi).
Ukoliko UGOVORNI KORISNIK – SERVISER naznači da uslugu servisiranja obavlja „instant“ isto podrazumijeva da će isti obaviti naručenu uslugu od strane KORISNIKA – NARUČITELJA SERVISA u terminu (na datum i/ili vrijeme) koji je kao takav naznačen kao slobodan, dok u situaciji kada UGOVORNI KORISNIK – SERVISER naznači da servisiranja obavlja „ne instant“ isto podrazumijeva da će isti obaviti naručenu uslugu od strane UGOVORNI KORISNIK – SERVISER u terminu koji se naknadno dogovori i/ili komunicira (putem PLATFORME) između KORISNIKA – NARUČITELJA SERVISA i UGOVORNI KORISNIK – SERVISER.
UGOVORNI KORISNIK – SERVISER nakon odabira termina servisiranja motornog vozila i naznake same usluge servisiranja motornog vozila može naručiti uslugu na način da izvrši plaćanje iste usluge (unaprijed) ili samo da naruči uslugu bez plaćanja iste unaprijed (u takvoj soluciji UGOVORNI KORISNIK – SERVISER uslugu će podmiriti nakon izvršenja iste u roku dospijeća kako je to naznačeno na računu UGOVORNOG KORISNIKA – SERVISERA).
Postupak objave oglasa u svrhu servisiranja motornog vozila UGOVORNI KORISNIK – SERVISER započinje uz uvjet da je prethodno registriran za korištenje PLATFORME te da je s NEOSTAR sklopio Ugovor o poslovnoj suradnji, na način da naznači i/ili priloži podatke (cijena, fotografije, pisani tekst, i sl.) na PLATFORMI, a sve u svrhu reklamiranja iste usluge servisiranja motornih vozila. Fotografije i/ili animacije i/ili videozapisi (zbirno, "slike") koji se koriste u oglasima UGOVORNOG KORISNIKA - SERVISERA moraju točno odražavati kvalitetu i stanje servisne radnje te su isključiva odgovornost UGOVORNOG KORISNIKA – SERVISERA. NEOSTAR zadržava pravo zahtijevati da oglas/i imaju minimalni broj slika određenog formata, veličine i rezolucije.
UGOVORNI KORISNIK - SERVISER ima mogućnost odlučiti se hoće li servise motornih vozila obavljati na fiksno određeni datum, a što se naznačuje opcijom „Instant“ („Instant“ označava da je termin za servisiranje motornog vozila slobodan i/ili dostupan na točno određeni datum i/ili vremensko razdoblje te će u odgovarajućem izborniku biti prikazan kao slobodan pa ga potencijalni KORISNIK – NARUČITELJ SERVISERA može odabrati kao željeni datum i/ili vrijeme servisiranja) ili „Ne-instant“ („Ne-instant“ označava da je potrebno posebna potvrda vremena i/ili datuma servisiranja motornog vozila).
Kod opcije „Instant“ nije potrebna potvrda termina od strane UGOVORNOG KORISNIKA-SERVISERA budući NARUČITELJ SERVISA odabire termin koji je slobodan i odabrani termin nije moguće mijenjati/otkazati od strane UGOVORNOG KORISNIKA-SERVISERA.
Kod „ne instant“ usluge potrebno je da UGOVORNI KORISNIK – SERVISER potvrdi termin unesen / zatražen od strane KORISNIKA – NARUČITELJA SERVISA. Ukoliko UGOVORNI KORISNIK – SERVISER u roku od 24 (dvadeset i četiri) sata ne potvrdi termin unesen / zatražen od strane KORISNIKA – NARUČITELJA SERVISA, smatrat će se da termin nije dogovoren, odnosno da je isti odbijen od strane UGOVORNOG KORISNIKA – SERVISERA.
INITIAL VERIFICATION
After an ad containing the message “Vehicle in arrival” has been published, NEOSTAR shall start, through NEOINSPECTOR, the Initial verification procedure of the respective motor vehicle (in order to conduct the Initial verification procedure motor vehicle must be located in the Republic of Croatia), pursuant to the following conditions („Check List“):
CHECK LIST OF PARTS EXAMINED DURING THE VERIFICATION
Stationary vehicle
Automobile has not been involved in a car crash
Automobile engine starts properly
The main key is in good condition
Spare key
Instrument panel functions properly
No warning lights on the instrument panel
On-board computer functions properly (if applicable)
Windshield spray nozzles and functioning of the wipers is in good condition
Windshield wiper blades are in good condition
Vehicle horn is in good condition
Lights (front and rear) function properly
External and internal rear view mirrors function properly and are in good condition
Safety belts function properly (front and back)
Moving the driver’s seat in all directions functions properly
Seat heaters function properly (if applicable)
Radio device functions properly as are all the speakers
Air conditioning functions properly
Heating system functions properly
Ventilation, air flow and fan speed regulation function properly
Glass heaters function properly
Anti-fogging of side rear view mirrors functions properly (if applicable)
Compartments, cup holders, armrests function properly and are in good condition
Driver and passenger sun visor function properly
Interior ambient lights function properly
Power window regulators function properly
Sunroof/moonroof and rooftop function properly (if applicable)
Power outlets (12v or USB) function properly
Central door lock system functions properly (if applicable)
Boot lid functions properly
Hood lid functions properly
Vehicle maintenance log is present
Vehicle registration is present
Tool and jack car lift
Safety triangle and first aid kit present
Vehicle in motion
Manual transmission shifts gears properly
Speedometer functions properly (if applicable)
Metering instruments and lights during the ride function properly
Automatic transmission shifts gears properly before reaching optimal working temperature (if applicable)
Automatic transmission shifts gears properly after having reached optimal working temperature (if applicable)
Handbrake functions properly
Gas pedal, brakes and clutch function properly
4 wheel drive functions properly (if applicable)
Automobile acceleration as expected
Vehicle interior in good condition
Automobile moves in a straight line
Vibrations check during acceleration
Brakes check during normal and sudden braking
Wheels
Front tires tread depth
Rear tires tread depth
Spare tire is present (if applicable)
All tires on the same axle are of the same manufacturer, model, size, consumption, speed and load
Under the engine lid
No unusual engine sounds or smell
Motor oil level and condition
Coolant level and tank in good condition
Brake fluid level and tank in good condition
Washer fluid level and tank in good condition
No visible signs of leaking. Leaking is not considered damaging for the automobile operation
Drive belts are in good condition (if applicable)
Hoses and lines are in good condition
No signs of damage or breakage of wiring, hoses, plastic parts
Date of Initial verification / Date of Final verification
___________________ ___________________
The BUYER-USER is warned about the difference in condition of the Selected motor vehicle between the Initial verification and Final verification, agrees and accepts them
Date: Signature:
___________________ ___________________
The SELLER-USER who is an ORDINARY USER needs to confirm time and place where a NEOINSPECTOR shall inspect a motor vehicle prior to the initiation of the Initial motor vehicle verification procedure. The SELLER-USER who is an ORDINARY USER is responsible for the coordination and organization of the inspection by a NEOINSPECTOR and hereby clears NEOSTAR and/or the PLATFORM and/or NEOINSPECTOR of any damage that might arise. The SELLER-USER who is an ORDINARY USER takes note of and agrees not to launch any claims against the above mentioned on the grounds of purchase and/or use of product and/or services as well any other grounds.
The Initial verification procedure shall be conducted within […] (in writing: […])working days from the day of publishing the ad containing the message “Vehicle in arrival”. Otherwise, the published ad shall be deactivated.
The SELLER-USER takes note of this and accepts the fact that Motor vehicle initial verification does not constitute a form of warranty and that NEOSTAR does not provide any guarantee for the good working order and/or characteristic of the respective motor vehicle. As much as the Initial verification can be of use when making decision on buying a motor vehicle, the Initial verification is no warranty and/or guarantee that the inspected vehicle contains no damages and/or that NEOINSPECTOR and/or the PLATFORM and/or NEOSTAR has identified all existing defects on the motor vehicle.
However, successfully conducted Motor vehicle initial verification means that the respective motor vehicle, under suspensive conditions listed below, can acquire the right to NEOSTAR warranty which can be activated at the Moment of the selected vehicle sale-purchase realization, with start and application date immediately following the Moment of the selected vehicle sale-purchase realization.
For this purpose, the SELLER-USER must mark whether the respective motor vehicle has or does not have the Factory warranty.
If the respective vehicle has Factory warranty, the SELLER-USER needs to enter:
- date of expiry of Factory warranty
- mileage limit after which Factory warranty expires.
After a motor vehicle has passed the process of the Initial verification (the Initial verification means that NEOSTAR accepted the motor vehicle for sale through the PLATFORM), interested BUYER-USER, in order to start a possible sales procedure of the selected motor vehicle, sends an inquiry to the SELLER-USER to check whether the Selected motor vehicle is available and/or suitable for sale, and an inquiry pertaining to the offered Purchase price.
FINAL VERIFICATION
In order to conduct the Final verification procedure, the motor vehicle needs to be in the Republic of Croatia.
a) When the SELLER-USER is an ORDINARY USER:
Upon the payment of the Purchase price (on the condition that this payment is made during the time period for the payment of Purchase price in line with the offer), within a further time period of 5 (five) working days, NEOINSPECTOR shall inspect the motor vehicle in the name of and on behalf of the BUYER-USER, at the address of the SELLER-USER.
NEOINSPECTOR confirms that the Selected motor vehicle meets verification requirements i.e. NEOINSPECTOR confirms that all verification conditions have been realized, additionally taking into consideration possibly exceeded mileage to […] (in writing: […]).
NEOINSPECTOR can make an exception with regard to the stated verification requirements (Selected motor vehicle does not meet one or more verification requirements) only if they have obtained a written consent from the BUYER-USER that needs to be provided at the place and at the moment of the Final verification, in a way envisaged in the Check List form previously elaborated in the section “Initial verification”.
NEOINSPECTOR receives the Selected motor vehicle into their possession in the name and on behalf of the BUYER-USER, and in addition to the motor vehicle also receives 3 (three) copies of the signed Motor vehicle sale-purchase contract (signed by the SELLER-USER and/or the person who signs the contract in the name and on behalf of the SELLER-USER).
NEOINSPECTOR shall sign 1 (one) copy of the Motor vehicle sale-purchase contract in the name and on behalf of the BUYER-USER which shall be given to the SELLER-USER;
NEOINSPECTOR shall personally deliver 2 (two) Motor vehicle sale-purchase contract to the BUYER-USER to sign for the purpose of registering ownership in the registration license of the Selected motor vehicle and appropriate public register at the testing centre in charge;
By signing the Motor vehicle Sales-purchase Contract, the BUYER-USER acknowledges that the vehicle meets their demands and accepts the sale on “as is” basis.
b) When the SELLER-USER is a CONTRACTUAL USER:
Upon the payment of the Purchase price (on the condition that this payment is made during the time period for the payment of the Purchase price in line with the offer), within a further time period of 5 (five) working days, the BUYER-USER shall inspect the motor vehicle, at the address of the SELLER-USER.
The BUYER-USER shall acknowledge that the Selected motor vehicle meets their demands (by signing the Motor vehicle sale-purchase contract, whereby the BUYER-USER accepts the purchase on “as is” basis);
The BUYER-USER receives the respective motor vehicle into their possession, and in addition to the Selected motor vehicle also receives 3 (three) copies of the signed Selected motor vehicle sale-purchase contract (signed by the SELLER-USER and/or the person who signs the contract in the name of and on behalf of the SELLER-USER).
The BUYER-USER signs all 3 (three) copies, after which 1 (one) copy of the Sale-purchase contract is given to the SELLER-USER;
2 (two) copies of the Motor vehicle sale-purchase contract are intended for the BUYER-USER for the purpose of registering ownership in the registration license of the Selected motor vehicle and appropriate public register at the testing centre in charge;
Radi provođenja postupka Završne verifikacije, motorno vozilo mora biti na području Republike Hrvatske.
a) Kada je PRODAVATELJ-KORISNIK OBIČNI KORISNIK:
Po uplati kupoprodajne cijene (pod uvjetom da ista uplata bude izvršena za vrijeme trajanja važenja roka za uplatu kupoprodajne cijene po ponudi), u daljnjem roku od 5 (pet) radnih dana NEOINSPEKTOR će u ime i za račun KUPCA-KORISNIKA na adresi PRODAVATELJA-KORISNIKA pregledati motorno vozilo.
NEOINSPEKTOR potvrđuje da Odabrano motorno vozilo odgovara uvjetima verifikacije, odnosno NEOINSPEKTOR potvrđuje da su ostvareni svi uvjeti verifikacije, dodatno uzimajući u obzir isključivo eventualno dodatno prijeđene kilometre do […] (slovima: […]).
NEOINSPEKTOR može učiniti iznimku u odnosu naznačene uvjete verifikacije (Odabrano motorno vozilo ne odgovara nekom ili više uvjeta verifikacije) isključivo uz pisanu suglasnost KUPCA-KORISNIKA koja mora biti dana na mjestu i času Završne verifikacije, na način kako je to predviđeno u obrascu Chek Liste koji je ranije prikazan u dijelu „Početna verifikacije“.
NEOINSPEKTOR u ime i za račun KUPCA-KORISNIKA Odabrano motorno vozilo prima u posjed, te uz Odabrano motorno vozilo prima u posjedi i 3 (tri) primjerka (od strane PRODAVATELJA-KORISNIKA i/ili osobe koja u ime i za račun PRODAVATELJA-KORISNIKA potpisuje ugovor) potpisanog Ugovora o kupoprodaji.
1 (jedan) primjerak Ugovora o kupoprodaji NEOINSPEKTOR potpisuje u ime i za račun KUPCA-KORISNIKA i on ostaje PRODAVATELJU-KORISNIKU;
2 (dva) primjerka Ugovora o kupoprodaji NEOINSPEKTOR dostavlja na potpis KUPCU-KORISNIKU osobno, za potrebe upisa prava vlasništva u prometnu dozvolu Odabranog motornog vozila i odgovarajući javni upisnik pri nadležnoj stanici za tehnički pregled;
Potpisom na Ugovoru o kupoprodaji motornog vozilaKUPAC-KORISNIK potvrđuje da isto odgovara njegovim zahtjevima te prihvaća kupoprodaju uz primjenu načela viđeno-kupljeno.
b) Kada je PRODAVATELJ-KORISNIK UGOVORNI KORISNIK:
Po uplati kupoprodajne cijene (pod uvjetom da ista uplata bude izvršena za vrijeme trajanja važenja roka za uplatu kupoprodajne cijene po ponudi), u daljnjem roku od 5 (pet) radnih dana KUPAC-KORISNIK će na adresi PRODAVATELJA-KORISNIKA pregledati motorno vozilo.
KUPAC-KORISNIK potvrđuje da Odabrano motorno vozilo odgovara zahtjevima KUPCA-KORISNIKA (potpisom na Ugovoru o kupoprodaji motornog vozila, čime prihvaća kupoprodaju uz primjenu načela viđeno-kupljeno);
KUPAC-KORISNIK Odabrano motorno vozilo prima u posjed, te uz Odabrano motorno vozilo prima u posjedi i 3 (tri) primjerka (od strane PRODAVATELJA-KORISNIKA i/ili osobe koja u ime i za račun PRODAVATELJA-KORISNIKA potpisuje ugovor) potpisanog Ugovora o kupoprodaji;
KUPAC-KORISNIK potpisuje sva 3 (tri) primjerka, nakon čega 1 (jedan) primjerak Ugovora o kupoprodaji ostaje PRODAVATELJU-KORISNIKU;
2 (dva) primjerka Ugovora o kupoprodaji služe KUPCU-KORISNIKU za potrebe upisa prava vlasništva u prometnu dozvolu Odabranog motornog vozila i odgovarajući javni upisnik pri nadležnoj stanici za tehnički pregled;
Every published vehicle can have only 1 (one) out of 3 (three) possible types of warranty:
Factory warranty
NEOSTAR warranty, 12 months or 10,000 km
NEOSTAR warranty, 6 months or 5,000 km
The SELLER-USER marks whether it exists or not during the entry of the motor vehicle on the PLATFORM. Factory warranty is a warranty for proper working condition of the mechanical, electric or electronic parts of the motor vehicle during time period and within the mileage range set out by the motor vehicle manufacturer. If at the Moment of the Selected motor vehicle purchase realization, the time period remaining until the expiry of the factory warranty is longer than 6 (six) months or the Factory warranty at that moment covers mileage greater than 5,000 km (five thousand kilometers), the BUYER-USER retains Factory warranty and the Selected motor vehicle does not get NEOSTAR warranties.
Reporting a defect during the validity of the Factory warranty is done by contacting the authorized service network prescribed by the vehicle manufacturer. Authorized service network of the vehicle manufacturer can be found on the vehicle manufacturer’s official website for the Croatian market.
NEOSTAR WARRANTY 12 months or 10,000 km
If at the Moment of the selected motor vehicle purchase realization the respective Selected vehicle meets the following requirements:
- Verified by NEOSTAR;
- Less than 7 years old, counting from the date of the first registration;
- The vehicle mileage amounts to less than 130,000 km (one hundred and thirty thousand kilometers);
- In case of the valid Factory warranty, less than 6 (six) months or 5,000 km (five thousand kilometers) remaining until its expiry;
Duration of the the NEOSTAR warranty is 12 (twelve) months or the next 10,000 km (ten thousand kilometers), whichever happens first, starting from the Moment of the selected motor vehicle purchase realization.
NEOSTAR WARRANTY 6 months or 5,000 km
If at the Moment of the selected motor vehicle purchase realization the respective Selected vehicle meets the following requirements:
- Verified by NEOSTAR;
- Older than 7 years, counting from the date of the first registration, but not older that 15 (fifteen) years);
- The vehicle mileage amounts to more than 130,000 km (one hundred and thirty thousand kilometers), but not more than 250,000 km (two hundred and fifty thousand kilometers);
- In case of the valid Factory warranty, less than 6 (six) months or 5,000 km (five thousand kilometers) remaining until its expiry;
Duration of the NEOSTAR warranty is 6 (six) months or the next 5,000 km (five thousand kilometers), whichever happens first, starting from the Moment of the selected motor vehicle purchase realization.
Important notice:
NEOSTAR warranty is non-transferable except in the following case: The SELLER-USER acquires NEOSTAR warranty at the Moment of the selected motor vehicle sale-purchase realization which is tied to the VIN number of the Selected motor vehicle, and is transferred to the BUYER-USER immediately after the Moment of selected motor vehicle sale-purchase realization, at which moment its duration and application starts.
NEOSTAR warranty shall apply to all permanently installed mechanical and electronic parts of the motor vehicle stated in the Check List through the process of Initial and Final verification, except for parts and vehicle functions stated as defect, in a way and within the scope stipulated in the “General Terms and Conditions of NEOSTAR warranty” and “The Scope of NEOSTAR warranty”.
All other terms and conditions of the NEOSTAR warranty shall be stipulated in the “General Terms and Conditions of NEOSTAR warranty” and “The Scope of NEOSTAR warranty” which shall be attached to the Motor vehicle sales-purchase contract and shall make its integral part. The BUYER-USER shall receive them by e-mail sent to the address they entered during the registration process.
Items where difference in the condition of the vehicle was determined during the Final verification compared to the Initial verification and recorded on the Check List and the BUYER-USER agreed to, shall be excluded from the NEOSTAR Warranty. Also, NEOSTAR Warranty shall not be realized unless the BUYER-USER has, as of the date of the purchase, but no later than 30 (thirty) days from the day of the purchase, submitted to NEOSTAR a proof of conducted service works on the Selected motor vehicle as envisaged by the motor vehicle manufacturer.
By the same token, NEOSTAR warranty shall not apply if the SELLER-USER gave/entered/uploaded incorrect data pertaining to the Factory warranty to the PLATFORM, in which case NEOSTAR reserves the right to claim damages arising from such actions of the SELLER-USER.
The BUYER-USER must immediately report the defect to NEOSTAR within warranty period, always prior to the beginning of the repair, and make the motor vehicle available for repair. During the warranty period, reporting a defect shall be conducted from the BUYER-USER profile so that the BUYER-USER selects the available service package and reports the defect in accordance with the NEOSTAR service network.
Additional prerequisite for exercising the right as stipulated in these NEOSTAR warranty conditions is the repair approval given by the representative (stated in u § 10 of the General Terms and Conditions of NEOSTAR warranty) and stating the ID number of the defect/damage before commencing the repair. NEOSTAR shall repair the vehicle itself or appoint member of the available NEOSTAR service network or appoint appropriate professional repair service. In case of violation of this obligation, NEOSTAR shall be released of the obligation arising from the NEOSTAR warranty, irrespective of the fact that this might make it more difficult for NEOSTAR and/or their representative (stated in § 10 of the General Terms and Conditions of NEOSTAR Warranty) and/or member of the available NEOSTAR service network to determine how defect originated i.e. what the scope of defect - subject to NEOSTAR warranty - is.
For every reported defect, the BUYER-USER is obliged to participate in repair costs (franchise) as follows:
- HRK 675 (six hundred and seventy five kuna) for a vehicle less than 10 (ten) years old and with mileage that amounts to less than 200,000 km (two hundred thousand kilometers), recorded at the Moment of the selected motor vehicle sale-purchase realization (for example: if the repair cost of the reported defect amounts to HRK 675, then the total sum of HRK 675 is paid by the BUYER-USER; if the cost of the reported repair amounts to HRK 1,000, then the BUYER-USER pays the first HRK 675, while the remaining amount (HRK 325) is the cost of NEOSTAR);
- HRK 1.500 (one thousand and five hundred kuna) for a vehicle older than 10 (ten) years and with mileage amounting to more than 200,000 km (two hundred thousand kilometers), recorded at the Moment of the selected motor vehicle sale-purchase realization. In this case, maximum coverage for all defects during the respective NEOSTAR warranty period amounts to HRK 5,200 (five thousand and two hundred kuna), without VAT (for example: if the repair of the reported defect costs HRK 1,500, then the BUYER-USER pays the total sum of HRK 1,500; if the repair of the reported defect costs HRK 7,200 then the BUYER-USER pays the first HRK 1,500, while the remaining amount (HRK 5,200) is the cost of NEOSTAR, and the BUYER-USER shall bear the cost of every subsequent reported repair; if the cost of the reported defect amounts to HRK 9,000, then the BUYER-USER pays the first HRK 1,500, while the amount of HRK 5,200 is the cost of NEOSTAR, and the BUYER-USER also pays the remaining amount (HRK 2,300).
For all the conditions of the NEOSTAR warranty we ask you to read the documents “General Terms and Conditions of NEOSTAR warranty” and “The scope of NEOSTAR warranty” in advance as they shall be integral part of the Offer (for the motor vehicle purchase) and shall be available on the links stated in it, while the Offer itself shall constitute integral part of the Motor vehicle sale-purchase contract.
Ako će u Trenutku izvršenja kupoprodaje Odabranog motornog vozila odnosno Odabrano motorno vozilo udovoljavati sljedećim uvjetima:
- Verificirano od strane NEOSTAR-a;
- Starije od 7 godina starosti računajući od datuma prve registracije;
- Prešlo više od 130.000 km (jednu stotinu i trideset tisuća kilometara);
- U slučaju važećeg Tvorničkog jamstva, do isteka istog preostaje manje od 6 (šest) mjeseci ili 5.000 km (pet tisuća kilometara);
Trajanje NEOSTAR jamstva je 6 (šest) mjeseci ili narednih 5.000 km (pet tisuća kilometara), ovisno što prije nastupi, počevši od Trenutka izvršenja kupoprodaje Odabranog motornog vozila.
Važna napomena:
NEOSTAR jamstvo se primjenjuje na sve stalno ugrađene mehaničke i elektronske dijelove motornog vozila popisane u Check Listi kroz postupak Početne verifikacije i Završne verifikacije, osim za dijelove i funkcije na vozilu koje su naznačene kao neispravne, na način i u opsegu kako je to predviđeno „Općim uvjetima NEOSTAR jamstva“ i „Opsegom NEOSTAR jamstva“.
Svi ostali uvjeti NEOSTAR jamstva bit će naznačeni u „Općim uvjetima NEOSTAR jamstva“ i „Opsegu NEOSTAR jamstva“ koji će se nalaziti u privitku Ugovora o kupoprodaji motornog vozila i čineći na taj način njegov sastavni dio. Iste će KUPAC-KORISNIK zaprimiti na adresu svoje e-pošte koju je naznačio u postupku registracije.
Iz NEOSTAR jamstva bit će isključene one stavke kod kojih je zabilježeno odstupanje u odnosu na stanje vozila prilikom Završne verifikacije u odnosu na Početnu verifikaciju zabilježena na Check Listi, a na koja je KUPAC-KORISNIK pristao. Također, NEOSTAR jamstvo neće biti ostvareno ukoliko od datuma prodaje, ili unutar 30 (trideset) dana od Trenutka izvršenja kupoprodaje Odabranog motornog vozila, nisu odrađeni zadnji servisni radovi propisani od strane proizvođača vozila, te o istom KUPAC-KORISNIK nije dostavio dokaz NEOSTAR-u.
Također, NEOSTAR jamstva neće vrijediti ukoliko je PRODAVATELJ-KORISNIK dao/unio/učitao na PLATFORMU netočne podatke o Tvorničkom jamstvu, u kojem slučaju NEOSTAR zadržava pravo naknade štete proizašle iz takvog postupanja PRODAVATELJA-KORISNIKA.
KUPAC-KORISNIK mora bez odgađanja prijaviti kvar u NEOSTAR jamstvenom roku, i uvijek prije početka popravka, te motorno vozilo staviti na raspolaganje za popravak. Prijava kvara za vrijeme trajanja NEOSTAR jamstva obavlja se iz profila KUPAC-KORISNIK na način da KUPAC-KORISNIK odabire raspoloživi servisni paket te prijavljuje kvar prema dostupnoj NEOSTAR mreži servisa.
Dodatna pretpostavka za ostvarivanje prava u skladu s ovim NEOSTAR jamstvenim uvjetima je odobrenje zastupnika (naveden u § 10. ovih Općih uvjeta) u za popravak i navođenje identifikacijskog broja kvara/štete prije izvođenja popravka. NEOSTAR izvodi popravak sam ili imenuje člana dostupne NEOSTAR mreže servisa ili imenuje prikladni stručni servis za popravak. U slučaju kršenja ove obveze NEOSTAR se oslobađa obveze iz NEOSTAR jamstva, neovisno o tome otežava li se zbog toga NEOSTAR-u, i/ili i njegovom zastupniku (naveden u § 10. ovih Općih uvjeta) i/ili članu dostupne NEOSTAR mreže servisa utvrđivanje nastanka odnosnog opsega kvara koja podliježe NEOSTAR jamstvu.
Za svaki prijavljeni kvar obaveza je participacije KUPCA-KORISNIKA u iznosu popravka (franšiza) i to:
- 675 kn (šest stotina sedamdeset i pet kuna) za vozilo mlađe od 10 (deset) godina i s prijeđenih manje od 200.000 km (dvije stotine tisuća kilometara), evidentirano u Trenutku izvršenja kupoprodaje Odabranog motornog vozila (primjerice: ako popravak prijavljenog kvara košta 675 kn, tada svih 675 kn plaća KUPAC-KORISNIK; ako popravak prijavljenog kvara košta 1.000 kn, tada prvih 675 kn plaća KUPAC-KORISNIK, a preostali iznos (325 kn) trošak je NEOSTAR-a);
- 1.500 kn (jednu tisuću i pet stotina kuna) za vozilo starije od 10 (deset) godina i s prijeđenih više od 200.000 km dvije stotine tisuća kilometara), evidentirano u Trenutku izvršenja kupoprodaje Odabranog motornog vozila. U ovom slučaju, u slučaju kvara maksimalno pokriće za sve kvarove unutar vremena trajanja odnosnog NEOSTAR jamstva iznosi 5.200 HRK (pet tisuća i dvije stotine kuna), bez PDV-a (primjerice: ako popravak prijavljenog kvara košta 1.500 kn, tada svih 1.500 kn plaća KUPAC-KORISNIK; ako popravak prijavljenog kvara košta 7.200 kn, tada prvih 1.500 kn plaća KUPAC-KORISNIK, a preostali iznos (5.200 kn) trošak je NEOSTAR-a, dok će popravak svakog sljedećeg prijavljenog kvara biti trošak KUPCA-KORISNIKA; ako popravak prijavljenog kvara košta 9.000 kn, tada prvih 1.500 kn plaća KUPAC-KORISNIK, iznos od 5.200 kn trošak je NEOSTAR-a, dok preostali iznos (2.300 kn) također plaća KUPAC-KORISNIK).
Za sve uvjete NEOSTAR jamstva molimo svakako unaprijed pročitajte dokumente „Opći uvjeti NEOSTAR jamstva“ i „Opseg NEOSTAR jamstva“ koji će se nalaziti u privitku Ugovora o kupoprodaji motornog vozila i koji će na taj način činiti njegov sastavni dio.
NEOSTAR warranty shall apply to all permanently installed mechanical and electronic motor vehicle parts stated in the Check List through the process of Initial and Final verification, except for the parts and vehicle functions stated as being defect, in a way and within the scope stipulated in the “General terms and conditions of NEOSTAR warranty” and “Scope of NEOSTAR warranty”.
Engine
Cylinder block, crankshaft housing, camshaft housing, gasket housing, rotary engine housing, all internal parts connected with the lubrication system (oil circuit), cylinder head, cylinder head gasket, valve seals, toothed belt with tensioners and rollers, toothed belt cover, engine oil cooler, oil sump, cranckcase, engine oil pressure sensor, engine oil level sensor, oil filter housing and flywheel with phonic wheel.
Manual and automatic transmission
Transmission housing, all internal parts including hydraulic coupling, double clutch of a double clutch transmission, automatic transmission computer, transmission oil cooler, hydraulic clutch cylinder, clutch actuator, transmission actuator and computer and automatic transmission hydraulic unit (e.g. Easytronic).
Differential and torque distribution box
Differential housing (front, back and four wheel drive) including all internal parts, clutch (flange).
Driving shaft
Wheel bearings, cardan shaft, driving shaft, driving shaft fasteners, from the skid control system (e.g. ASR, ASC, EDS, 4Matic): RPM sensors, electronic control units, hydraulic units, pressure container as well as fuel supply pump.
Control
Mechanic or hydraulic steering column with all internal parts; hydraulic pump with all internal parts, electric motor of the power steering, electronic control parts, electric blocking of the steering wheel.
Brakes
Main brake cylinder, vacuum servo, hydro-pneumatics (pressure tank and regulator), vacuum pump, brake cylinder of drum brakes wheels, brake calipers, braking force regulator, braking force limiter and from the ABS: electronic control unit, hydraulic unit and RPM sensor.
Fuel system
Fuel pump, fuel injectors, injection pump, high pressure pump, fuel supply pump, turbo charger, electronic parts of the injection system/motor-management (e.g. control unit, air quantity and mass sensors, AGR/EGR valve)
Electrical system
Alternator with regulator and one-way clutch, starter, electronic ignition parts with ignition cables as integral part of the system, electrical conductors of the electronic injection system, distributor, electronic engine unit, start generator, ignition coil, relay/heater control unit, condenser, rotor; board computer, instrument panel, front and back wiper motor, heating/additional ventilation motor, horn, from the inside electronic system: central electrical box, central control unit (e.g. ECU; BCM; BSI; ZIM; REC).
Electrical parts for convenience
Electrically operated windows: switch, electric motors, control unit; electric sunroof: switch, electric motors, control unit; central locking: switch, electric motors, control unit, magnetic coils, door control units, front and back windshield heaters (apart from breaking).
Cooling system
Cooler, heating cooler, thermostat/thermostat housing, water pump, additional water pump, cooler for automatic transmission, visco/thermo fan, cabin ventilator motor, ventilator clutch, thermo-switch and cooling module.
Air conditioning system
Compressor, compressor clutch, shock absorber, condenser, ventilator, AC system control unit, automatic AC control board.
Exhaust system
Oxygen probe, pipe branch, and parts of the holder with regard to the exchange of the oxygen probe. AGR/EGR cooler, electronic parts of the exhaust gas cleaning system, catalyst and Diesel particulate filter (DPF).
Security system
Airbags control unit, crash sensor, electric connectors, wiring, contact parts of the steering column, control unit of the seat belt tensioners, seat occupancy sensor, tire pressure system control unit and sensor, control unit of the alarm system in case of car crash, lane departure alarm system control unit.
Driving dynamics system
Brake pressure sensor, ESP system control unit, steering column turning angle sensor, gyroscope sensor, lateral speeding sensor, wheel RPM sensor, traction control system control unit (TCS system).
Hybrid drive
Electronic control unit of the hybrid vehicle battery, cooler and ventilator for the hybrid vehicle battery, plug-in device for charging integrated in the vehicle (except for charging cables), high voltage wiring, voltage inverter, high-voltage DC/DC inverter, 12 V DC/DC inverter, direction inverter for the hybrid system; hybrid drive system: electric water pump, electro-motors, generators, transmission, control unit, energy electronics.
Electric drive
Electro-motors of the drive, electric heater of the passenger cabin heating system, electric vacuum servo, electric AC compressor, high voltage wiring, charging device integrated into the vehicle (except for the charging cable), ventilator for cooling the drive battery, control unit of the drive battery, energy drive electronic, voltage converter of the board system, inverter of the board system.
Gaskets, sealing collar, sealing axle rings, hoses, pipes, spark plugs and heaters are covered by warranty only if they are connected to one of the claims pertaining to the part covered by warranty whereat they have lost their function and their exchange is technically necessary.
Additionally are covered DPF filter, catalyst, automatic control hydraulic unit and fuel injectors.
Important notice
Items where difference in thecondition of the vehicle was determined during the Final verification compared to the Initial verification and recorded on the Check List and the BUYER-USER agreed to this, shall be excluded from NEOSTAR WARRANTY. Also, NEOSTAR WARRANTY shall not be realized if the BUYER-USER as of the date of the purchase, but no later than 30 (thirty) days from the day of the purchase, does not submit a proof of conducted service works on the Selected motor vehicle as envisaged by the motor vehicle manufacturer to NEOSTAR.
Generally, warranty shall not cover vehicles:
that the BUYER-USER at least occasionally uses for commercial transport of persons or goods (courier, express, package delivery services) that are rented to various groups of persons on commercial grounds;
that are used for rent, delivery, driving school or within airports;
that are registered to traders or to a vehicle service;
that are sold to vehicle traders for further sale;
that are, at the moment of defect, in possession or owned by trader or vehicle service;
from special and small series or pre-series, as well as with engines with increased power or having 8 (eight) or more cylinders, e.g. Audi Abt, Audi R-/S-/RS-models, VW Oettinger, BMW M-Series/Alpina, Ford Cosworth, Opel OPC/Lotus, Brabus, AMG, etc.;
that are technically modified by procedures such as Chiptuning, gas installation, etc.;
which purchase value is less than HRK 15,000;
that are not sold in Croatia;
that ar not registered in Europe in geographical terms.
NEOSTAR warranty is activated at the Moment of the selected motor vehicle purchase realization, with the start date of duration and application beginning immediately after the Moment of the selected motor vehicle purchase realization.
NEOSTAR warranty is non-transferable except in the following case: The SELLER-USER acquires NEOSTAR warranty at the Moment of the selected motor vehicle sale-purchase realization, it is tied to the VIN number of the Selected motor vehicle, and is transferred to the BUYER-USER immediately after the Moment of selected motor vehicle purchase realization, at which moment its duration and application starts.
In accordance with the afore mentioned, all requirements within this NEOSTAR warranty (hereinafter: NEOSTAR warranty) after the Moment of the selected motor vehicle purchase realization belong exclusively to the BUYER-USER. The use of this NEOSTAR warranty may be applied under the conditions stated in the General terms and conditions available on this link www.neostar.com/hr/termsandconditions,with additional conditions being applied:
a) All service works as envisaged by the motor vehicle manufacturer has been done, as of the date of first registration.
b) The BUYER-USER has, as of the date of the purchase, but no later than 30 (thirty) days from the day of the purchase, submitted to NEOSTAR a proof of conducted service works on the Selected motor vehicle as envisaged by the motor vehicle manufacturer.
c) The BUYER-USER has paid all their outstanding liabilities pertaining to the Scope of NEOSTAR warranty, participation in the costs from §4 these General Terms and Conditions of NEOSTAR warranty and Processing of NEOSTAR warranty from §5 of these General Terms and Conditions of NEOSTAR warranty.
Every motor vehicle published on the PLATFORM can have only 1 (one) out of 3 (three) possible types of warranty:
Factory warranty
NEOSTAR warranty, 12 months or 10,000 km
NEOSTAR warranty, 6 months or 5,000 km
FACTORY WARRANTY
The SELLER-USER marks whether it exists or not during the entry of the motor vehicle on the PLATFORM. Factory warranty is a warranty for proper working condition of the mechanical, electric or electronic parts of the motor vehicle during time period and within the mileage range set out by the motor vehicle manufacturer. If at the Moment of the Selected motor vehicle purchase realization time period until the expiry of factory warranty is longer than 6 (six) months or factory warranty at that moment covers a mileage greater than 5,000 km (five thousand kilometers), the BUYER-USER retains factory warranty and the Selected motor vehicle does not get NEOSTAR warranty.
Reporting a defect during the validity of the factory warranty is done by contacting the authorized service network prescribed by the vehicle manufacturer. Authorized service network of the vehicle manufacturer can be found on the vehicle manufacturer’s official website for the Croatian market.
NEOSTAR WARRANTY 12 months or 10,000 km
If at the Moment of the selected motor vehicle purchase realization the respective Selected vehicle meets the following requirements:
- Verified by NEOSTAR;
- Less than 7 years old, counting from the date of the first registration;
- The vehicle mileage amounts to less than 130,000 km (one hundred and thirty thousand kilometers);
- In case of valid factory warranty, less than 6 (six) months or 5,000 km (five thousand kilometers) is remaining until expiry;
Duration of the warranty is 12 (twelve) months or the next 10,000 km (ten thousand kilometers), whichever comes first, starting from the Moment of the selected motor vehicle purchase realization.
NEOSTAR WARRANTY 6 months or 5,000 km
If at the Moment of the selected motor vehicle purchase realization the respective Selected vehicle meets the following requirements:
- Verified by NEOSTAR;
- Older than 7 years, counting from the date of the first registration, but not older that 15 (fifteen) years);
- The vehicle mileage amounts to more than 130,000 km (one hundred and thirty thousand kilometers), but not more than 250,000 km (two hundred and fifty thousand kilometers);
- In case of valid factory warranty, less than 6 (six) months or 5,000 km (five thousand kilometers) is remaining until expiry;
Duration of the warranty is 6 (six) months or the next 5,000 km (five thousand kilometers), whichever happens first, starting from the Moment of the selected motor vehicle purchase realization.
Items where difference in the condition of the vehicle was determined during the Final verification compared to the Initial verification and recorded on the Check List and the BUYER-USER agreed to, shall be excluded from NEOSTAR Warranty.
In addition, NEOSTAR warranty shall not apply if the SELLER-USER gave/entered/uploaded incorrect data pertaining to the Factory warranty to the PLATFORM, in which case NEOSTAR reserves the right to claim damages arising from such actions of the SELLER-USER.
§ 1 Parts covered with NEOSTAR warranty are listed in the document “Scope of NEOSTAR warranty”
There is no NEOSTAR warranty for:
a) Parts that are not approved by the manufacturer;
b) Working and auxiliary materials such as: fuel, chemicals, filter cartridges, antifreeze and fluid for the protection against frosting, hydraulic fluids, oils, grease and other lubricants; isolated cases where there is a lack of these materials, for example in situations when there is a shortage of such materials as in the case of generator exchange when this is necessary or when it needs to be refilled, are exceptions;
c) Consumables; isolated cases of consumables’ damage, as in the case of repair during warranty period when the exchange or repair is necessary, are exceptions;
d) Wiring.
§ 2 Content of NEOSTAR warranty, exceptions
- If a part under NEOSTAR warranty, due to the defect that arose during the NEOSTAR warranty period, loses its functionality within the NEOSTAR warranty period and repair is therefore necessary, the BUYER-USER has the right to a repair within the scope set out in these General Terms and Conditions of NEOSTAR warranty; cash reimbursement is excluded.
- Irrespective of the causes that have contributed to it, there is no NEOSTAR warranty for a defect:
a) that originated due to a collision i.e. action of an immediate external sudden mechanical force;
b) that originated due to intentional or malicious actions, misappropriation, theft in particular, unauthorized use, robbery and embezzlement;
c) that originated due to immediate action of animals (and marten bite), storm, hailstorm, frost, oxidation/corrosion, thunderbolt, earthquake or flood;
d) that originated due to immediate action of ignition, fire or explosion, regardless of whether the cause is located inside the motor vehicle or the action was external;
e) that originated due to direct or indirect breach or entry of water;
f) due to war events of any kind, civil war, internal riots, strike, ban of use, seizure or other official measures or nuclear energy;
g) for which a third person as a manufacturer, supplier, retailer (e.g. production, manufacturing, construction and organizational faults, spare parts warranty etc.) must be held liable or usually is liable in accordance with the contract and repair order (e.g. faults during repair in case of a previous repair) or other maintenance, guarantee and/or insurance contract.
- There is no NEOSTAR warranty for a defect:
a) due to use of inappropriate motor substances, lack of oil and overheating;
b) due to motor vehicle exposure to axle or trailer loads greater than allowed by the manufacturer;
c) due to participation in driving activities that could be characterized as races or trainings for such activities;
d) due to modifications of original motor vehicle constructions (e.g. tuning) or installing third party producer parts or additional equipment that has not been approved by manufacturer;
e) due to use of a thing that clearly needs repair, unless it cannot proven that the repair is linked to the need to repair that particular thing;
f) on a motor vehicle that the BUYER-USER has at least temporary used for commercial transport of passengers or has commercially rented it to different groups of people (including, but not limited to, rent-a-car activities, taxi, uber, bla-bla car and similar).
g) caused by a component which is not included in the scope of NEOSTAR warranty § 1 clause 2. The prerequisite for exclusion of NEOSTAR warranty for the defect stated under item 3. (a-g) is that this is a result of reckless or intentional breach of BUYER-USER’s obligations. It is BUYER-USER’s obligation to obtain the proof of recklessness or malicious intentions.
- The prerequisites to exercise the rights from NEOSTAR warranty are as follows:
a) upon buying the motor vehicle, maintenance works/service works as recommended by the manufacturer are done at a car dealership or an authorized repair service approved by the manufacturer;
b) BUYER-USER adhered to the manufacturer’s guidelines with regard to the motor vehicle use;
c) all interventions and other manipulations on the odometer as well as other irregularities or exchanges were immediately reported;
d) defect which is a subject of NEOSTAR warranty was immediately reported, prior to the beginning of repair;
e) provisions pertaining to the Processing of NEOSTAR warranty (§ 5). § 3 were not breached.
§ 3. The territory on which NEOSTAR warranty is valid
NEOSTAR warranty for motor vehicles sold in Croatia is valid in Europe (in geographical terms).
§ 4. Scope of NEOSTAR warranty, participation in costs
1. Claim based on NEOSTAR warranty is limited to the current value of the motor vehicle at the moment defect occurred. If the purchase price of the motor vehicle was lower than its current value at the moment a defect occurred, then the claim based on NEOSTAR warranty is limited to the purchase price. Deviating from this capped value of the NEOSTAR warranty claim, maximum warranty rate or a special deduction can be calculated to NEOSTAR warranty. If special deduction or maximum warranty rate is agreed, the fee set pursuant to these conditions shall be decreased by amount agreed i.e. the claim shall be allowed up to that maximum rate.
2. NEOSTAR warranty encompasses repair of parts subject to NEOSTAR warranty through their exchange or service, including costs of work for necessary repair hours, in accordance with the set values of the manufacturer. If repair costs exceed the value of the replacement unit, then the claim based on NEOSTAR warranty is limited to the value of this replacement unit including the costs of disassembling and installment.
3. Maximum amount to which the cost of material within the scope of NEOSTAR warranty shall be paid out is the amount identical to the recommended price of the manufacturer.
4. NEOSTAR warranty does not encompass:
a) costs of testing, measuring and fine-tuning, if they do not occur in direct correlation to the defect which is a subject of NEOSTAR warranty;
b) fee for direct or indirect consequential defects/damages (e.g. costs of forwarding and air transport, costs of disposal, costs of towing, storage costs and missed use fee, costs of renting a motor vehicle, consequential defects/damages on components not covered by NEOSTAR warranty etc.);
c) costs of maintenance, service, care, varnishing, cleaning and needless expenses.
5. If repairs covered by NEOSTAR warranty are done simultaneously with the repairs and/or services not covered by it, then duration of repairs for which there is a liability covered by NEOSTAR warranty is determined by applying the manufacturer’s values referring to the necessary repair time.
6. NEOSTAR warranty does not create the right to rescind the Motor Vehicle Purchase Contract (termination of the Motor Vehicle Purchase Contract), shrinkage (reduction of the purchase price) and indemnification of damage instead of fulfillment of the obligations arising from the Motor Vehicle Purchase Contract.
- For every reported defect, the BUYER-USER is obliged to participate in repair costs (franchise) as follows:
- HRK 675 (six hundred and seventy five kuna) for a vehicle less than 10 (ten) years old and with mileage that amounts to less than 200,000 km (two hundred thousand kilometers), recorded at the Moment of the selected motor vehicle sale-purchase realization (for example: if the repair cost of the reported defect amounts to HRK 675, then the total sum of HRK 675 is paid by the BUYER-USER; if the cost of the reported repair amounts to HRK 1,000, then the BUYER-USER pays the first HRK 675, while the remaining amount (HRK 325) is the cost of NEOSTAR);
- HRK 1.500 (one thousand and five hundred kuna) for a vehicle older than 10 (ten) years and with mileage amounting to more than 200,000 km (two hundred thousand kilometers), recorded at the Moment of the selected motor vehicle sale-purchase realization. In this case, maximum coverage for all defects during warranty period amounts to HRK 5,200 (five thousand and two hundred kuna), without VAT (for example: if the repair of the reported defect costs HRK 1,500, then the BUYER-USER pays the total sum of HRK 1,500; if the repair of the reported defect costs HRK 7,200 then the BUYER-USER pays the first HRK 1,500, while the remaining amount (HRK 5,200) is the cost of NEOSTAR, and the BUYER-USER shall bear the cost of every subsequent reported repair; if the cost of the reported defect amounts to HRK 9,000, then the BUYER-USER pays the first HRK 1,500, while the amount of HRK 5,200 is the cost of NEOSTAR, and the BUYER-USER also pays the remaining amount (HRK 2,300)).
§ 5. NEOSTAR warranty processing
1. The BUYER-USER must immediately report the defect to NEOSTAR within warranty period, always prior to the beginning of the repair, and make the motor vehicle available for repair. During the warranty period, reporting a defect shall be conducted from the BUYER-USER profile so that the BUYER-USER selects the available service package and reports the defect in accordance with the NEOSTAR service network. Additional prerequisite for exercising the right as stipulated in these NEOSTAR warranty conditions is the repair approval given by the representative (stated in u § 10 of these General Terms and Conditions) and stating the ID number of the defect/damage before commencing the repair. NEOSTAR shall repair the vehicle itself or appoint member of the available NEOSTAR service network or appoint appropriate professional repair service. In case of violation of this obligation, NEOSTAR shall be released of the obligation arising from the NEOSTAR warranty, irrespective of the fact that this might make it more difficult for NEOSTAR and/or their representative (stated in § 10 of these General Terms and Conditions) and/or member of the available NEOSTAR service network to determine how defect originated i.e. what the scope of defect - subject to NEOSTAR warranty - is.
2. If NEOSTAR and/or a member of the available NEOSTAR network service cannot repair the defect (e.g. during a stay abroad), repair may be, having received NEOSTAR’s previous explicit consent, carried out by a professional service. Additional prerequisite for exercising the rights as stipulated in these NEOSTAR warranty conditions is the repair approval given by the representative (stated in § 10 of the General Terms and Conditions of NEOSTAR warranty) and stating the ID number of the defect/damage before commencing with the repair. Invoice for the repair or a quote of professional service’ costs should be addressed to NEOSTAR (data stated in § 11 of these General Terms and Conditions) and submit it to NEOSTAR or their representative (stated in § 10 of these Terms and Conditions). Repair invoice must contain visible approval number assigned at the moment of receiving approval for repair, conducted works, spare parts prices and costs of work with approximate unit prices of labour costs. NEOSTAR shall pay the outstanding invoice to the respective service within 15 (fifteen) days from the day of receiving the proper invoice.
3. The BUYER-USER must give necessary data to establish the defect and give an approval for the inspection of damaged parts. Upon request, the BUYER must make exchanged parts available to NEOSTAR.
4. As proof, the BUYER-USER must submit a written report of the defect and show or send original invoices about services that have been carried out.
5. The BUYER-USER should, if applicable, diminish the defect/damage and follow NEOSTAR’s or their representative’s guidelines (stated in § 10 of these Terms and Conditions).
§ 6. Start and warranty period of NEOSTAR warranty
NEOSTAR warranty is activated at the Moment of the selected motor vehicle purchase realization, with the start date of duration and application beginning immediately after the Moment of the selected motor vehicle purchase realization and ends upon the expiry of the contracted warranty period of NEOSTAR warranty without the need to terminate it.
§ 7. Ownership transfer
In case of ownership transfer during NEOSTAR warranty period, NEOSTAR warranty shall not be transferred to the new owner (unless otherwise stipulated in these General Terms and Conditions). Ownership transfer to the new owner is only possible if NEOSTAR’s consent is obtained. NEOSTAR warranty shall cease to exist if the vehicle is sold to a professional reseller.
§ 8. Prescription
All demands arising from the claims of NEOSTAR warranty shall prescribe twelve months after the incidence of a claim.
§ 9. Statutory rights based on the liability for material defects
Statutory warranty claims of the BUYER-USER shall remain unchanged.
§ 10. Representative
With regard to this NEOSTAR warranty conditions, sales representative is Real Garant Versicherung AG, Perfektastraße 73/2/2, 1230 Wien. Telephone +385 1 55 44 212, www.realgarant.com, [email protected].
§ 11. NEOSTAR
NEOSTAR: is a legal person NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735, e-mail: [email protected], entered into the Court Register of the Commercial Court in Zagreb under the registration number (Cro. MBS): 081307940, VAT ID number: HR24813383735.
The PLATFORM may be used to enable easier sale and/or purchase of motor vehicles and/or contracting motor vehicle service and/or motor vehicle damage reporting process.
The PLATFORM has no legal capacity or the capacity to act as a party in a legal proceedings and is not a contracting party in any of the above stated transactions.
Information about a certain motor vehicle is submitted by the USER and/or BUSINESS PARTNER and not NEOSTAR. Price and other conditions of any sale-purchase and/or service provision remain the subject of direct negotiations between the SELLER-USER and BUYER-USER i.e. the ordering party and the acting party, while the service of the PLATFORM is only to assist in the process and within the scope described in these General Terms and Conditions.
In order to enable and/or to make transactions between the USER and/or BUSINESS PARTNERS easier, the PLATFORM offers the content of the documents (drafted only in the Croatian language and Latin script), which USERS and/or BUSINESS PARTNERS, in case they wish to perform their transactions (sale-purchase of motor vehicles and/or servicing of motor vehicles and/or reporting damage on motor vehicles) through the PLATFORM and/or NEOSTAR, may use:
Division per groups:
A/ Sale-purchase of motor vehicles:
1) OFFER (sale-purchase of motor vehicles) (form available on the following link: […]);
2) MOTOR VEHICLE SALE-PURCHASE CONTRACT (that serves as the bill of lading) (form available on the following link: […]);
3) CHECK LIST (Initial and Final Verification) (form available on the following link: […]);
4) General Terms and Conditions of NEOSTAR warranty (form available on the following link: […])
5) The Scope of NEOSTAR warranty (form available on the following link: […]);
6) INVOICE (when the SELLER-USER is a CONTRACTUAL USER) (form available on the following link: […]);
7) HANDOVER REPORT (confirming the handover of thing along with the Selected motor vehicle) (form available on the following link: […]);
B/ Motor vehicle service:
1) OFFER ( Motor vehicle service);
The PLATFORM enables USER to enter the data based on preset categories. In this way, a CONTRACTUAL USER (not an ORDINARY USER) can, among other things, in his name and on his behalf, create an informative calculation of certain tax contributions (including, but without limitation to, motor vehicle transactions tax). CONTRACTING USER is informed of and acknowledges that the respective calculations are only informative and that they cannot be used for other purposes. Taking the above mentioned into consideration, NEOSTAR does not assume any liability with regard to the CONTRACTING USER in terms of these calculations.
USERS and/or BUSINESS PARTNERS are solely responsible for determining their obligations to report, collect, submit and include their transactions and/or prices for the sale of goods and/or services any applicable VAT and/or income tax and/or profit tax and/or any other tax. NEOSTAR and/or the PLATFORM does not have any responsibility for the calculation of tax liability and/or displaying tax liabilities with regard to the transactions of the USER and/or BUSINESS PARTNERS on and/or regarding the PLATFORM.
Tax regulations may demand from NEOSTAR to collect corresponding tax data and/or deduct taxes from payment to USERS and/or both. If tax and/or any other regulations demand this from us, NEOSTAR reserves the right to keep a particular or all payments up to the tax relevant amount. If this is demanded from the relevant and/or competent authorities and/or any tax administration, NEOSTAR is authorized to provide to the above mentioned authorities any information it possesses regarding the USERS and/or BUSINESS PARTNERS and/or their transactions that take place on and/or with regard to the PLATFORM, regardless of the nature of the participants of those transactions.
The USER is the only person responsible for posting the price (price without fee) of the motor vehicle they sell through and/or with the help of the PLATFORM (including all taxes and/or costs that the USER must bear according to the applicable rules, if they exist, including VAT/administrative charge if applicable). NEOSTAR therefore explicitly recommends to the USER to become acquainted with the tax treatment of the motor vehicle whose data they enter/upload on the PLATFORM as the choice of appropriate tax form applicable to the desired transactions through the PLATFORM is, among other things, sole responsibility of the USER.
NEOSTAR can, at their own discretion, enable USERS to (i) create, transfer, send, receive and store content such as text, photographs, audio, video or other materials and information on and/or through the PLATFORM (“External content”); and (ii) access and/or review the content of the USER and/or any content that NEOSTAR makes available itself to and/or through the PLATFORM, including own NEOSTAR content and any other content that is licensed and/or approved for use by NEOSTAR and/or third party (“NEOSTAR content”).
The PLATFORM, NEOSTAR content and External content may entirely or partly be a subject of copyright, trademark and/or other rights and/or regulations. The USER takes note of this and acknowledges that the PLATFORM and NEOSTAR content, including all the connected intellectual property rights, are exclusive ownership of NEOSTAR and/or their license providers and/or third party authorizations. In order to avoid any doubts, the following encompasses: (i) “Intellectual property” and/or “IP” – all rights arising from intellectual property, including (without limitation to) patents, additional protection certificates, petty patents and utility models, trademarks, database manufacturers’ rights, authors’ copyright and the right to the topography of semi-conductors (irrespective of whether any of these rights have been registered, including the applications and the right to submit registration application for any of these rights) and all inventions, know-how, trade secrets, techniques and proprietary information, client and vendor lists and other knowledge and information that can be owned, and all rights and form of protection similar in nature or that have same or similar effect to any of these rights and that can exist anywhere in the world, in any case during the entire period of their duration, together with all their renewals and extensions; (ii) “Information technologies” and/or “IT” any computer hardware, software, firmware, networks, internet pages, other information technology and any assets that have inbuilt valuable information technology;
The USER shall not remove, change and/or cover up any notifications on copyrights, trademarks, service brands and/or other notifications on ownership rights installed into the PLATFORM, NEOSTAR content and External content. All trademarks, service brands, logos, trade names and all other identifiers of the NEOSTAR sources which are used on/with regard to the PLATFORM and NEOSTAR content are trademarks and/or registered trademarks of NEOSTAR. Trademarks, service brands, logos, trade names and any other protected third party marks used on and with regard to the PLATFORM or NEOSTAR content are used only for the purpose of identification and can only be ownership of their true owners.
The USER shall not use, copy, adapt, modify, prepare executed works, distribute, license, sell, transfer, air publicly, perform publicly, transmit, broadcast or use the PLATFORM and/or NEOSTAR content in any other way (including, but not limited to, above stated Intellectual property and Information technology) except to the extent to which the USER is a legal owner of a particular content or as explicitly allowed in these General Terms and Conditions. No licenses or rights give the USER, explicitly, implicitly or in other way, any intellectual property right that is possessed or controlled by NEOSTAR or their license providers, apart from the licenses and rights explicitly given pursuant to these General Terms and Conditions.
In accordance with these General Terms and Conditions, NEOSTAR gives the USER limited, at any moment revocable, non-exclusive and non-transferable right of use for (i) download and use of the application on personal devices; and (ii) access and overview of any content available on the PLATFORM, and all for USER’s personal and non-commercial use only, i.e. only for the use necessary for carrying out the processes that the PLATFORM provides to the USER.
By creating, uploading, sending, receiving, storing and in any other way making available any External content on or through the PLATFORM, the USER gives to NEOSTAR non-exclusive, worldwide, free of charge, irrevocable, permanent, sub-licensed and transferable license for such content, for the purpose of accessing, using, storing, copying, changing, preparing derivative work, distributing, publishing, transferring, airing and in any other way using such content. If the External content includes personal data, such External content is used for these purposes only if such use is in accordance with data protection laws and regulations and Privacy notice of NEOSTAR.
The USER is the only person responsible for all External content they make available on or through the PLATFORM. Therefore, the USER states and guarantees that: (i) they are the only and exclusive owner of entire External content they make available on or through the PLATFORM or has all rights, licenses, consents and publications which are necessary for the USER to grant NEOSTAR the right to use the External content, (ii) neither External content nor its posting, uploading, publishing, submitting or transferring the External content by the USER or NEOSTAR’s use of the External content (or any of its parts) stipulated by these General Terms and Conditions shall not violate, unlawfully force and/or breach the rights of third parties such as: patent, copyright, trademark, trade secret, moral rights and/or other proprietary and/or intellectual proprietary rights and/or right of public access and/or privacy rights and/or rights of any valid law and/or regulation and/or, (iii) the USER shall not publish, send or transfer any External content which: is false, misleading (directly or by omission or failure to update data) or is fraudulent, defamatory, obscene, pornographic, vulgar and/or offensive, promotes discrimination, arrogance, racism, hatred, harassment and/or harming any individual and/or group, violent and/or threatens and/or promotes violence and/or actions that threaten any other person and/or animal, and promote illicit and/or detrimental activities. NEOSTAR can, without prior notification, remove and/or disable access to any External content for which NEOSTAR establishes that it violates any applicable regulation, these General Terms and Conditions or it could be deemed harmful or inappropriate in any other way for NEOSTAR and/or their USER and/or any third party.
* * * * *
All the results of the work arising from or with regard to the PLATFORM, originated at any moment during the use of the PLATFORM, are the ownership of NEOSTAR. Therefore, only NEOSTAR has the right to commercialize them and generate income from them.
If any part of the USER’s interaction with the PLATFORM would, pursuant to the applicable rules and regulations, be considered copyright work, the USER entirely transfers all their alienable copyrights, including, but without limitation to, moral, property and other rights which pertain to copyright work originated based on the interaction with the PLATFORM, without any limitations in terms of time and territory, such as, but not only: recording rights, reproduction rights, exploitation rights, marketing and public airing rights, right to publish, distribute and sell movie and TV series, translation, copying, including audiovisual cassettes and DVDs, renting as well as rights of translation into foreign languages, and all other copyrights as well as all other property rights that arise from them, in all now known and in the future discovered ways of airing and unlimited number of copies.
With regard to the above stated, the USER is obliged to tolerate that adaptations such as translations, change of name/title of the product with a permit to show only the adapted/changed name/title of the product, visual, amendments, introduction of additional elements (e.g. special electronic devices that make sounds, displays), music adaptation and other adaptation of copyright work which are original intellectual property creations of individual character protected as independent copyright work - for example various other development and manifestation forms and ways of utilization of copyright work if these shall represent an individual copyright work and/or an invention and/or a design in themselves, be protected individually, through third parties pursuant to all applicable laws and regulations.
The USER entirely transfers their alienable rights that pertain to an invention/patent/license for inventions – designed products which have originated based on their interaction with the PLATFORM to NEOSTAR, without limitations in terms of time and territory.
On the condition that the same applies to their interaction with the PLATFORM, the USER entirely transfers all their alienable rights in terms of trademark protection connected with works and inventions originated based on the interaction of the USER with the PLATFORM to NEOSTAR, including the right for NEOSTAR to submit registered trademarks and trademark proprietor applications, without any limitations in terms of time or territory.
The USER entirely transfers all their alienable rights in terms of industrial design protection connected with works and inventions originated based on the interaction of the USER with the PLATFORM to NEOSTAR, including the right for NEOSTAR to submit industrial design applications and be the proprietor/acquirer of a design, without any limitations in terms of time or territory.
The USER obliges to sign, without any additional fee, all necessary documents and additional authorizations that might be necessary to carry out the actions and activities defined in these General Terms and Conditions. All costs of giving such additional statements and signing of documents shall be at the expense of NEOSTAR, including the costs of accompanying stamp duties and similar charges.
The USER renounces any kind of fee as well as all rights, more precisely, those rights that the USER can renounce pursuant to the laws and regulations in force, to any kind of liabilities that NEOSTAR realizes on the works of the USER.
The USER and/or BUSINESS PARTNER accepts that NEOSTAR is not responsible for any downtime of the PLATFORM, any losses or damages, costs or expenditures, and any other damage that the USER/BUSINESS PARTNER experienced as the consequence of the error on the PLATFORM, unless defined otherwise in the General Terms and Conditions. The USER and/or BUSINESS PARTNER particularly accepts that NEOSTAR is not responsible for any interruptions in the provision PLATFORM’s services, any losses or damages, costs or expenditures, and any other damage that the USER/BUSINESS PARTNER experienced as the consequence of the error on the PLATFORM and/or third person software and/or business partners who work as part of the solution and/or services provided by the PLATFORM. Furthermore, NEOSTAR shall not be held liable for the content of software produced by third parties i.e. their compliance with laws and by-laws, other regulations and professional standards.
As the sole rightholder of the PLATFORM, NEOSTAR shall not possess, create, sell, resell, provide, control, manage, offer, deliver any goods and/or services. The USER and/or BUSINESS PARTNERS are themselves responsible for their goods and/or services and/or mutual transactions that can, as such, arise and or be connected to the services of the PLATFORM and/or NEOINSPECTOR.
NEOSTAR, and those hired by it: employees, workers, NEOINSPECTORS, representatives, branch offices, partner companies, distributors, distribution partners, licensed representatives, agents and or other persons participating in the creation, services, sponsorships, promoting and/or who in other way make the PLATFORM and/or its content available, shall in no way be held liable for (i) criminal, special, indirect or consequential damages or losses, production losses, profit losses, income losses, damage or loss of image or reputation, loss of indemnification rights, (ii) inaccuracies (in description) of information referring to the goods and or services offered for sale and/or provision (including prices and/or warranty realization and/or deadlines and/or similar) on the PLATFORM, (iii) services published and products offered by BUSINESS PARTNERS and/or USERS, (iv) any (direct, indirect, consequential or criminal) damages, losses or costs you have suffered and paid in accordance with and due to and in relation to the use, inability to use and/or delays pertaining to the PLATFORM, or (v) any (personal) injury, death, property damage or other (direct, indirect, special, consequential or criminal) damages, losses and costs you have suffered or paid, whether due to the (legal) acts, mistakes, breeches, (gross) negligence, qualified guilt, hiding information, omissions, false representation, criminal offenses or misdemeanors or which can be (entirely or partially) attributed to NEOSTAR and/or the PLATFORM. If, in a concrete case, one of the above mentioned limitations does not apply due to its collision with peremptory norms of the applicable law, and if NEOSTAR’s liability shall be established in such case, this liability shall be limited to the amount of […].
NEOSTAR is not liable (and shall not have any liability) for the use, validity, quality, appropriacy, form and/or postings on the PLATFORM and shall not give any statements, guarantees and/or conditions regarding the aforementioned. The USER acknowledges and accepts that relevant service provider and/or seller and/or buyer of the goods advertised on the PLATFORM is only the USER and/or BUSINESS USER, and that they are solely liable, and they accept all liability with regard to the sale-purchase of goods and/or provision of services and/or description of goods and/or services and/or warranty of the goods and/or services, unless stipulated otherwise in these General Terms and Conditions.
USERS and/or BUSINESS PARTNERS (who sell and/or buy goods and/or provide services through the PLATFORM) shall deal with lawsuits and/or complaints with regard to the sale-purchase and/or provision of services directly amongst themselves. NEOSTAR shall not be held liable and shall have no liability with regard to such complaints and/or demands and/or liabilities. NEOSTAR and/or PLATFORM shall not act as a retailer and/or provider of advertised products and/or services and/or appraiser of the value of these services and/or goods.
When the USERS and/or BUSINESS USERS book and/or accept the reservation and/or order goods and/or services i.e. mutually conclude a contract - NEOSTAR shall not be nor shall it become a contracting party of such a relationship between the USER and/or BUSINESS PARTNERS, and it shall not be nor shall it become a participant in the contractual relationship between the USER and/or BUSINESS PARTNER. NEOSTAR does not act as an intermediary and/or proxy in any capacity for any USER and/or BUSINESS PARTNER, unless explicitly stated in these General Terms and Conditions
The PLATFORM, apart from being an online advertising place, can offer USERS the service of hiring NEOINSPECTOR who will take care of the tasks related to photographing the motor vehicle and/or transporting the motor vehicle and/or helping during the conclusion and/or signing the Motor vehicle sale-purchase contract and/or registering the right of ownership and/or motor vehicle inspection and establishing the its condition and similar. The liability of NEOINSPECTOR is excluded in cases where there is no liability of NEOSTAR and/or the PLATFORM.
The USER can use the services of the PLATFORM to ask for and/or plan sale-purchase of goods and/or contracting the vehicle servicing and/or get information about insurance and/or advertising services, whereat the USER takes note of the fact that NEOSTAR and/or the PLATFORM shall not have any liability nor obligations towards the USER with regard to any of the services and/or sale-purchase which was provided to the USER by any third side, apart from those explicitly listed in these General Terms and Conditions.
At any case of USER’s actions contrary to these conditions and/or applicable regulations, NEOSTAR shall reserve indemnification right for the damage arising from such a behavior of the USER.
These General Terms and Conditions are drafted only in the Croatian language and written in the Latin script and shall be subject to application of the Croatian law and shall be interpreted in accordance with the provisions of the Croatian law, excluding the application of United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) and application of the provisions of the conflict of laws in accordance with the private international law.
All disputes arising from these General Terms and Conditions, including disputes pertaining to the issues of lawful creation, breach or termination of these General Terms and Conditions, as well as legal consequences arising thereof, shall be instructed to resolve the matter through conciliation in accordance with the Rules of Conciliation of the Croatian Chamber of Economy in force. In case these disputes are not resolved through conciliation within 30 (thirty) days from the day of submitting the motion to initiate conciliation procedure or within a different deadline agreed to by the parties, these disputes shall be resolved through arbitration in accordance with the Rules of Arbitration of the Permanent Arbitration Court of the Croatian Chamber of Economy (Zagreb Rules).
For disputes whose value amounts up to (including) HRK 1,000,000.00 (in writing: one million kuna), the number of arbitrators shall be one.
For disputes whose value is greater than 1,000,000.00 HRK (in writing: one million kuna), the number of arbitrators shall be three.
The applicable law shall be the law of the Republic of Croatia.
The language of the arbitration proceeding shall be Croatian.
The place of arbitration shall be Zagreb, the Republic of Croatia.
The person authorized for appointment shall be the President of the Permanent Arbitration Court of the Croatian Chamber of Economy.
In case the SELLER-USER is a natural person who enters into a legal transaction or acts on the market outside the scope of their market, business, trade or professional activity, they shall - pursuant to the Consumer Protection Act - have a status of a consumer. In this case, the following provisions are applied to the relationship between the SELLER-USER and NEOSTAR:
[preuzeti odgovarajući dio koji NEOSTAR primjenjuje na potrošače – korisnike svojih usluga, te ga samo tehnički prilagoditi]
In case of deviation from the provisions of this title and other provisions contained in these General Terms and Provisions, the provisions of this title shall take precedence in interpretation over the rights of the consumer.
If the provisions of this title are not clear and unambiguous to the SELLER-USER, we recommend that the SELLER-USER deregisters and/or deletes their profile from the PLATFORM.
As set out in the provisions of the Consumer Protection Act (the Official Gazette, no. 41/14, 110/15 and 14/19) we notify the USER that, when they are treated as consumer pursuant to the Consumer Protection Act, they can send their complaint stating their dissatisfaction with regard to the service provided through the PLATFORM operated by NEOSTAR, in writing as follows:
- At NEOSTAR’s business premises located at: NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735. USER shall receive a written confirmation of the complaint receipt without delay; or
- By mail to the address: NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735; or
- By e-mail to NEOSTAR d.o.o., [email protected]
NEOSTAR shall reply to the written consumer complaint in writing, 15 (fifteen) days from the day of receiving the complaint at the latest, by e-mail sent to the address of the USER they used to register on the PLATFORM.