Terms of Service – TOMKIĆ SUVENIRI

Effective Date: June 1, 2026

1. Introduction and Acceptance of Terms

Welcome to Tomkić Suveniri d.o.o. These Terms of Service (“Terms”, “Agreement”) govern your access to and use of the e-commerce website tomkicsuveniri.com (“Website”, “Site”), as well as any purchases, products, services, or features provided by Tomkić Suveniri d.o.o. (“Company”, “we”, “us”, or “our”).

The Company is a legally registered limited liability company operating under the laws of the Republic of Croatia. Our physical and corporate headquarters are located at Grižanska ulica 69, 10000 Zagreb, Hrvatska. You may reach our corporate offices by telephone at +(385)1 4859900 or via email at skyemist@tomkicsuveniri.com.

By accessing, browsing, registering an account, placing an order, or otherwise utilizing our Website, you explicitly acknowledge that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, Shipping Policy, and Refund and Returns Policy, all of which are incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately cease all access to and use of this Website.

We reserve the right to amend, update, modify, or replace any part of these Terms at any time without prior individual notice. Any changes will be published directly on this webpage with a revised “Effective Date” at the top. Your continued use of or access to the Website following the posting of any changes constitutes binding acceptance of those modifications. It remains your responsibility to check this page periodically for updates.

2. Eligibility and User Representations

By using this Website, you represent, warrant, and covenant that:

You are at least 18 years of age, or the legal age of majority in your jurisdiction of residence, and possess the full legal capacity to enter into a binding contractual agreement. If you are under 18, you may only use this Website under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.
You will provide true, accurate, current, and complete information during registration, checkout, or any other interactive procedure on the Website.
Your use of the Website will not violate any applicable local, national, or international law, statute, or regulation, including but not limited to the consumer protection and electronic commerce regulations of Croatia and the European Union.
You will not use our products or services for any illegal, unauthorized, or commercial redistribution purpose.

3. Account Registration and Security

To access certain features, browse specific transactional histories, or complete purchases on our Website, you may be required to register a user account. You are solely responsible for managing and maintaining the strict confidentiality of your account credentials, including your username and password.

Furthermore, you agree to accept absolute responsibility for all activities, transactions, and behaviors that occur under your account. You must notify us immediately at skyemist@tomkicsuveniri.com if you suspect or discover any unauthorized breach of security, data leak, or unapproved use of your account.

Tomkić Suveniri d.o.o. shall not be held liable for any loss, damage, or legal penalty arising from your failure to protect your login credentials. We reserve the absolute right to suspend, terminate, or delete your account at our sole discretion, without prior notice or liability, if we determine that you have violated these Terms or provided fraudulent information.

4. Product Descriptions and Pricing Accuracy

We strive to display the characteristics, colors, dimensions, and specifications of our physical souvenirs and products as accurately as possible on the Website. However, because our items often include authentic, handcrafted, or locally sourced materials, minor structural and visual variances may occur. We cannot guarantee that your electronic device’s display will perfectly reflect the actual physical appearance of the products.

All product descriptions, specifications, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this Site is void where prohibited by law.

While we make every effort to avoid pricing errors, typographical inaccuracies, or omissions, inadvertent mistakes may happen. In the event that a product is listed at an incorrect price or with incorrect structural details due to a system glitch or typographical error:

We reserve the right to refuse or cancel any orders placed for the incorrectly listed product.
We retain this right regardless of whether the order has been confirmed and your payment method has been charged.
If your payment method has already been processed and your order is canceled due to an error, we will immediately issue a full refund to your original payment account.

5. Order Placement and Contract Formation

The presentation of products on our Website does not constitute a legally binding contractual offer; rather, it is an invitation for you to make an offer to buy. The checkout process consists of the following steps:

You select your items, add them to your shopping cart, and proceed to checkout.
You provide your personal details, shipping information, and billing choices.
You click the final confirmation button to place a binding order.

Upon receipt of your order, our system will generate an automated confirmation email summarizing your purchase details. This initial email is an acknowledgement of receipt and does not signify our formal acceptance of your order.

A legally binding sales contract between Tomkić Suveniri d.o.o. and you is exclusively formed only when we physically dispatch the ordered products from our warehouse facility in Zagreb and send you a formal shipping confirmation email containing electronic transit tracking details.

We explicitly reserve the structural right to refuse, limit, or cancel any order placed with us for any reason. This includes, but is not limited to, orders that we suspect are placed by dealers, resellers, distributors, or entities engaging in fraudulent commercial activities. We may also limit quantities purchased per person, per household, or per order.

6. Terms of Payment and Billing Integrity

All prices displayed on tomkicsuveniri.com are denominated in Euros (EUR) unless explicitly stated otherwise. For consumers residing within the European Union, prices include Croatian Value Added Tax (VAT) at the legally prevailing rate, unless explicitly stated as excluded. Prices do not include separate charges for shipping, delivery, or potential international customs duties, which will be calculated and clearly added to your total during checkout.

You agree to provide current, complete, and accurate purchase and account information for all transactions conducted at our store. You must promptly update your account information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.

Payment processing on our Website is integrated with highly secure, encrypted, third-party payment gateways. Tomkić Suveniri d.o.o. does not directly capture, store, or process complete credit card numbers or financial account routing data on our localized web servers. By choosing to submit payment details, you grant our chosen third-party processors the legal right to charge all transactional amounts to your designated payment instrument.

If your payment method is declined, rejected, or canceled by your financial institution, we reserve the automatic right to cancel your order instantly without liability.

7. Shipping, Delivery, and Risk of Loss

All orders are subject to product availability and our operational Shipping Policy. We will make reasonable commercial efforts to ship items within the estimated timelines displayed during checkout. However, delivery windows are estimates only and cannot be structurally guaranteed.

The physical risk of loss, damage, or destruction of the products transfers completely to you at the exact moment the items are successfully delivered to the shipping address specified in your order form. If a parcel is returned to our offices at Grižanska ulica 69, 10000 Zagreb due to an incorrect or incomplete address provided by you, or due to your failure to claim the package from a local postal hub, you will be solely responsible for all administrative fees and reshipping costs.

8. Strict Return and Refund Structural Policy

All returns, cancellations, and product exchanges are governed rigorously by our separate Refund and Returns Policy.

In strict alignment with that policy, you explicitly acknowledge and agree that we do not offer “Refund-Only” models under any circumstances. To qualify for a financial reimbursement, store credit, or product replacement, you must return the physical item back to our warehouse facility in Croatia in its original, undamaged, and unused condition. No financial refunds or transactions will be processed while you retain possession of the physical product.

9. Permitted Use and Intellectual Property Rights

Unless otherwise expressly stated in writing, all structural elements, content, and materials featured on tomkicsuveniri.com are the exclusive property of Tomkić Suveniri d.o.o. This includes, but is not limited to:

Website layout, design concepts, source code, and underlying software infrastructure.
Texts, product titles, descriptions, editorial materials, and promotional copy.
Photographs, graphics, vector images, artistic logos, and custom product designs.
Trademarks, corporate slogans, and trade names.

All such materials are fully protected by Croatian intellectual property statutes, European Union copyright directives, and international copyright treaties.

You are granted a strictly limited, non-transferable, revocable, and personal license to access and download portions of the website content solely for your own personal, non-commercial use in browsing or purchasing our products.

Any other use, including but not limited to the reproduction, distribution, modification, extraction via data scraping, automated harvesting, public display, or commercial exploitation of any content on this website without our express, prior written consent is strictly prohibited and will result in immediate legal action.

10. Prohibited Website Conduct

When using our Website, you are expressly prohibited from engaging in any of the following malicious or disruptive activities:

Using the website to advance, encourage, or execute any illegal or fraudulent activities.
Uploading, transmitting, or introducing any form of malware, viruses, worms, Trojan horses, or other malicious, destructive, or disabling software code designed to compromise site functionality.
Attempting to breach, bypass, or circumvent the data security protocols, encryption systems, or user authentication mechanisms of the Site.
Using automated deep-links, web scrapers, spiders, robots, or indexers to access, monitor, copy, or index any portion of our database or website architecture.
Infringing upon or violating our intellectual property rights or the privacy and publicity rights of any third party.
Harassing, abusing, insulting, harming, defaming, slandering, or intimidating our customer service staff, corporate officers, or other users.
Interfering with or disrupting the hosting servers, network connections, or regional telecommunications networks associated with the operation of our platform.

11. Third-Party Links and Extensions

Our website may feature hyperlinked destinations, digital plug-ins, or extensions that route you away from tomkicsuveniri.com to web platforms owned and operated by third parties (such as payment processors, logistics partners, or social media networks).

These links are provided purely for your transactional convenience. Tomkić Suveniri d.o.o. does not endorse, review, monitor, or exert any editorial control over the content, precision, safety, or operational policies of external sites.

We explicitly disclaim any liability or financial responsibility for damages, losses, or legal disputes arising out of your interactions with third-party websites. It is your responsibility to review their terms and privacy statements before engaging in any transaction.

12. Limitation of Liability

To the maximum extent permitted by applicable Croatian and European Union consumer protection laws, Tomkić Suveniri d.o.o., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or service providers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using the Website.

This limitation applies to damages resulting from:

Your use of or inability to access and navigate the Website.
Any unauthorized modification, alteration, or breach of your data transmissions.
Technical disruptions, server downtimes, delayed communications, or delivery delays caused by forces outside our direct operational control.
Errors, omissions, or factual inaccuracies contained within any content published on the Site.

In jurisdictions where the exclusion or the limitation of liability for consequential or incidental damages is restricted by mandatory local consumer protection statutes, our liability shall be limited to the maximum extent permitted by law, or to the total monetary amount actually paid by you to us for the specific transaction giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tomkić Suveniri d.o.o. and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim, demand, lawsuit, loss, liability, or financial judgment, including reasonable attorneys’ fees, made by any third party due to or arising out of:

Your explicit breach or violation of these Terms of Service or the supplementary documents they incorporate by reference.
Your violation of any local, national, or international law, regulation, or statutory directive.
Your active infringement upon the proprietary intellectual property rights or privacy protections of any third-party individual or entity.

14. Severability

In the event that any specific section, clause, paragraph, or phrase of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, unenforceable, or in direct conflict with a mandatory statutory regulation, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The completely unenforceable portion shall be deemed to be severed and removed from these Terms. Such determination shall not affect the validity, legality, and enforceability of any of the remaining provisions, which shall remain in full force and effect.

15. Termination of Agreement

The obligations, liabilities, and contractual covenants incurred by the participating parties prior to the termination date shall survive the termination of this agreement for all legal purposes.

These Terms of Service remain fully effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us via email at skyemist@tomkicsuveniri.com that you no longer wish to use our services, or simply by ceasing all use and navigation of our Website.

If, in our sole and unreviewable discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we reserve the right to terminate this agreement automatically at any moment without prior notice.

Upon such termination, you will remain fully liable for all outstanding monetary balances due up to and including the date of termination, and we may accordingly deny you all further access to our Website, user accounts, and electronic purchase mechanisms.

16. Entire Agreement

Our failure to exercise, enforce, or insist upon the strict performance of any right, remedy, or provision set forth in these Terms of Service shall not operate or be construed as a waiver of such right or provision in the future.

These Terms of Service, along with our Privacy Policy, Shipping Policy, and Refund and Returns Policy posted on this Website, constitute the entire legal agreement and understanding between you and Tomkić Suveniri d.o.o.

This agreement completely governs your use of the Service, entirely superseding and replacing any prior or contemporaneous oral or written agreements, proposals, communications, and understandings between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

17. Governing Law and Jurisdiction

These Terms of Service, along with any separate operational contracts or purchase agreements whereby we provide you with products or services, shall be governed by, interpreted, and construed exclusively in accordance with the laws of the Republic of Croatia, without giving effect to any principles of conflicts of law.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly and completely excluded from this agreement.

For any legal dispute, controversy, claim, or lawsuit arising out of or relating to your use of this Website, your account, or purchases made on tomkicsuveniri.com:

The parties shall first attempt in good faith to resolve the dispute through direct, amicable commercial discussions.
If an amicable resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction and venue of the competent courts in Zagreb, Croatia.
If you are an EU-based consumer, you may also have the legal right to submit complaints via the European Commission’s Online Dispute Resolution (ODR) platform at europa.eu.

18. Contact Information

If you have any questions, clarifications, feedback, or legal notices regarding these Terms of Service, please contact our administrative team:

Company Legal Entity Name: Tomkić Suveniri d.o.o.
Official E-Commerce Website: tomkicsuveniri.com
Corporate Physical Address: Grižanska ulica 69, 10000 Zagreb, Hrvatska
Customer Support Email: skyemist@tomkicsuveniri.com
Corporate Telephone Number: +(385)1 4859900