General Terms / Terms of Use of the Online Store

Information about the company
HELLO SMILE d.o.o. for trade and services
HELLO SMILE d.o.o.
Požeška 14
31000 Osijek
web shop email: info@tryhellosmile.com
tel: +381 69 444 9878
IBAN: HR3323600001102962429
Company registered in the Commercial Court Register in Osijek
MBS 030244897
VAT ID HR83499350155
Company's share capital: EUR 2,654.46 / HRK 20,000.00
Person authorized to represent: Director Zdenka Rosić, Bulevar Mihajla Pupina 10Ž, Belgrade,
VAT ID: 38354129947
The consumer, as the buyer, concludes a purchase agreement with the company HELLO SMILE d.o.o., Požeška
14, Osijek, VAT ID: 83499350155 (hereinafter: Seller) as the seller.
Legal entities as buyers are subject to the application of the Obligations Act and the Electronic Commerce Act,
and the Consumer Protection Act does not apply to them.
Sections of these Terms of Use regarding material defects of Products, complaints, and the right to unilateral termination do not apply to legal entities as buyers.
In such cases, the relevant provisions of the Obligations Act and the Electronic Commerce Act apply. The Seller
may, at its discretion, grant a legal entity, in each specific case, the rights that a consumer-buyer has.
The conclusion of a purchase agreement via the website www.tryhellosmile.com is regulated in accordance with
legal provisions, taking into account, in particular, the principles and provisions of European Union directives and regulations.
The conclusion of an agreement via the website www.tryhellosmile.com constitutes the conclusion of a distance contract.

These Terms of Use also constitute a pre-contractual notice as regulated by the Consumer Protection Act.
Distance communication means are all means that can be used to conclude distance contracts without the simultaneous physical presence of the merchant and the consumer,
such as the Internet and email.

Meaning of terms used in these Terms of Use
 Seller - the company HELLO SMILE d.o.o. for trade and services, Požeška 14,
31000 Osijek, VAT ID: 83499350155
 www.tryhellosmile.com - website owned by the Seller
 Buyer – any person who, after viewing and selecting a product or service, has registered
their data and ordered a product or service
 User – any person who uses the website “www.tryhellosmile.com” for the purpose of
making a purchase of products advertised on it or obtaining information about a specific product
 Use of "www.tryhellosmile.com" – accessing the page to obtain information about its content
and/or making web purchases
 Online purchase or web shop – making a purchase of products via "
www.tryhellosmile.com "
 Products – all products displayed on "www.tryhellosmile.com", which can be purchased via the web shop
 Electronic communication – by visiting the web shop, the User communicates electronically.
By doing so, they accept that all agreements, notifications, communications, and other content delivered to them electronically meet the legal framework as if they were made in writing.

General provisions of the Terms of Use
1. The holder of all rights on the website www.tryhellosmile.com is the company HELLO
SMILE d.o.o. All Buyers who place an order via the Seller's website are advised to familiarize themselves with the Seller's Terms of Use.
The Terms of Use valid for the Buyer will be those in force at the time of concluding the Agreement with the Seller.
By ticking the designated box during the order process, the Buyer will confirm that they fully understand and accept the Terms of Use.
The Terms of Use will be sent to the Buyer's email address in PDF format.
In case of any ambiguities in the Terms of Use, the Buyer may contact the Seller.
2. Users are advised to familiarize themselves with these Terms of Use before making a purchase and to check them regularly,
in order to be aware of all rights and obligations, and in case of any ambiguities, they may contact the Seller.

3. These Terms of Use apply to the rights and obligations related to the purchase of products or
services via the Seller's web shop, and the rights and obligations arising from the conclusion
of a Distance Selling Agreement (hereinafter: Agreement) between the consumer as the end
buyer and the Seller's web shop, and are considered an integral part of such agreements in relation
to the terms and method of ordering products, product prices, payment methods, warranties,
complaints and returns, delivery, personal data protection, and other issues related to
the use of "www.tryhellosmile.com" and online purchases.
4. Via "www.tryhellosmile", it is possible to purchase products that are delivered to the territory
of the Republic of Serbia, Croatia, Bosnia and Herzegovina, Montenegro, and Slovenia, and throughout Europe.
5. A Buyer can only be an adult and legally capable person. Contracts on behalf of and for minors
and completely incapacitated persons can be concluded by their legal representatives or guardians,
while partially incapacitated persons can conclude contracts only with the consent of their legal representative or guardian.
The Seller bears no responsibility for actions contrary to this provision.
6. Users of "www.tryhellosmile.com" are obliged to provide accurate, valid, and complete personal data
when filling out the registration form. The Seller is not responsible for defects and
errors that may occur due to the User not providing accurate, valid, and complete personal data
when filling out the registration form.
7. The Seller is authorized, without prior notice, to change the content of these Terms of Use,
the product range, their prices, other data related to the web shop, as well as all other content
of "www.tryhellosmile.com", which is why Users are obliged to review the content of the same
website every time they visit it. Any contrary action relieves the Seller of any responsibility.
The mentioned changes become effective upon publication on the www.tryhellosmile.com website.
8. The Seller is relieved of all liability for damage that may occur to devices that
allow access to www.tryhellosmile.com and to data stored on such devices
when using www.tryhellosmile.com, if such damage was caused by unlawful acts
of third parties, computer viruses, etc., and other cases for which the Seller is not responsible.
Also, the Seller is relieved of all liability in the event of circumstances that
prevent the use of www.tryhellosmile.com.
9. Due to the open nature of this website and the possibility of errors in storing and transmitting
digital data, we do not guarantee the accuracy and security of information transmitted or
collected via this website, unless expressly stated otherwise on this
website. The Seller reserves the right to errors in the description and image of products which are
posted based on information from the manufacturer.

10. The Seller places all materials, photos, and text on the website in good faith to help the buyer make a selection when purchasing.
The Seller does not guarantee that the product photos fully match the appearance of the product itself.
The Seller reserves the right to errors in the description and image of products which are posted based on information from the manufacturer, as described in the previous paragraph.
Differences between the actual product and the product photo, as well as the described product on these pages, are possible if the manufacturer changes any of the product's characteristics or content.
All descriptions are regularly and thoroughly checked.

Web shop – conclusion and termination of sale agreement
1. Online purchases can be made by adding to the cart at the designated place on
www.tryhellosmile.com, where the buyer will enter their email address, delivery address,
and first and last name. When filling out the form, the buyer is obliged to provide accurate, valid,
and complete personal data. To place an order, follow the online purchase procedure and click
the appropriate button to complete the order (Proceed to delivery /
Shipping / Payment). After that, you will receive an email confirming receipt of your order content
("Order Receipt Confirmation"). We will notify you via email that the order has been accepted ("Order Confirmation").
2. Products available for purchase are advertised on www.tryhellosmile.com, with each product listing
its specifications and price.
3. The desired product is selected by saving it to the "cart". Acceptance of product orders
depends on availability.
4. The "cart" contains all products the Buyer has selected for purchase, along with the product price,
delivery price, and total price (including VAT). Invoice details can be changed depending on whether the invoice is for a physical or legal person.
If the invoice is for a legal person, the buyer needs to enter all requested data.
5. We reserve the right to remove any product from this website at any time, as well as to remove or modify any materials or content on it. Although we will always do everything possible to process all orders, there are extraordinary circumstances that force us to refuse to process an order even after we have sent an Order Receipt Confirmation. We reserve the right to do so at any time.
6. After completing the aforementioned web shop steps and selecting "Proceed to payment", the system automatically directs the Buyer to the "Order Receipt Confirmation" page, which contains information about the order number, payment, and a notification about the sending of a confirmation email containing the offer for the sale of selected products and a notification about the email address through which the Buyer can obtain all necessary information.
If the Buyer has selected card payment, clicking on "Proceed to payment / Confirm and order" will take them to the page for entering card payment details.

Price
1. Service prices are retail prices. Service prices are expressed in euros.
2. The Seller is authorized to change prices without prior notice. Also, the Seller is
authorized, without prior notice, to set a price lower than the regular price for a specific product,
group of products, and/or for all products, as well as for a specific payment method, which includes,
among other things, promotional sales, clearance sales, seasonal discounts, sales of defective products, and sales of products nearing their expiry date.
3. The price of services will be as stated on our website at all times, except in cases of obvious error.
Although the Seller takes all steps to ensure that the prices listed on the website are correct,
errors may occur. If the Seller discovers an error in the price of a service that the Buyer has ordered,
the Seller will notify the Buyer as soon as possible and provide the option to confirm the order at the correct price or cancel the order.

Payment
The buyer can pay for purchased products with payment cards and cash on delivery (cash upon receipt of the shipment at the agreed address).
Card payment is considered completed at the moment of receipt of authorization from the card issuer; bank transfer payment is considered confirmed at the moment of receipt of payment to the Seller's giro account.
1. Payment by credit or debit card. Ordered products can be paid online with one of these credit cards:
 VISA,
 MasterCard,
 AMEX,
 DinaCard.
 
Delivery
1. Paid products will be delivered to the Buyer within the timeframe shown in the purchase steps after the order.
Subject to availability and except in exceptional circumstances, we will endeavor to deliver the order
consisting of the products listed in the "Order Confirmation" before the date specified in that confirmation,
or, if no delivery date is specified, within the estimated timeframe indicated when selecting the delivery method.
2. Delivery is performed by the Seller by engaging a delivery (courier) service. Regular delivery is made to the entrance of the residential building at the desired address. If it is an apartment building, the delivery person is not obliged to carry the goods to the floor where the buyer is located, but only to the entrance of the building.
3. In the event that the Seller is unable to deliver the purchased Product within the specified deadlines,
the Buyer will be notified to arrange a new delivery date. In this case,
the Buyer also has the right to terminate the Agreement.
4. By signing upon receipt, the Buyer confirms that they have received the package (or packages) in an undamaged condition. After the Buyer takes over the package, the delivery service is not responsible for any complaints, damages, or reduction of the contents of the received package, unless there is proof that the damage did not occur after delivery.
5. In cases where the Buyer has received a Product different from the one they purchased, they have the right to receive the ordered Product, and if this is not possible, the Buyer has the right to a refund of the product price, delivery price, and reimbursement of return costs, and is obliged to return the incorrectly delivered product.
6. Upon delivery, along with the purchased Product, the Buyer receives all accompanying documents, the invoice,
and a receipt for the shipment which they are obliged to sign. By signing the shipment receipt, it is assumed that the product was received without visible external damage.
7. Delivery prices are displayed on www.tryhellosmile.com and include VAT.
8. Delivery is carried out in the Republic of Serbia, Croatia, Bosnia and Herzegovina, Montenegro,
Slovenia, and throughout Europe.
Delivery in the Republic of Croatia is carried out by GLS, and packages usually arrive at their destination within 24 hours. GLS will notify you about the upcoming delivery via SMS.
For all orders with a minimum value of EUR 69.00, the Seller provides free delivery.
For all orders with a value below EUR 69.00, the buyer bears the shipping costs, which amount to EUR 5.50.
If you have chosen cash on delivery as the payment method, the Buyer pays for the package in their local currency.

Warranty
1. For every product from the Seller's assortment advertised on www.tryhellosmile.com,
the buyer acquires warranty rights according to the manufacturer's warranty certificate, which the Buyer receives along with the purchased product.
2. Information on authorized service centers for the purchased product can be found on the warranty certificate that the buyer receives along with the purchased Product.
The warranty does not affect other rights that belong to the buyer on other legal grounds.

Seller's liability for material defects
The Seller is responsible for material defects of the Product, in accordance with applicable regulations.
The Buyer is obliged to inform the Seller of the existence of visible defects within two months from the day they discovered the defect, and no later than two years from the transfer of risk to the Buyer.
When, after receiving the item by the Buyer, it turns out that the item has a defect that could not be discovered by ordinary inspection upon taking over the item, the Buyer is obliged, under penalty of loss of rights, to inform the Seller about this defect within two months from the day they discovered the defect.
The Seller is not responsible for defects that appear after two years from the delivery of the Product.
Material defects for which the Seller is responsible
(1) The Seller is responsible for material defects of the goods that existed at the time of the transfer of risk to the Buyer, regardless of whether it was known to him.
(2) The Seller is also responsible for those material defects that appear after the transfer of risk to the Buyer if they are a consequence of a cause that existed before that.
(3) It is presumed that a defect that appeared within one year of the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or the contrary arises from the nature of the goods or the nature of the defect.
The Seller is not responsible for minor material defects. The Seller is not responsible for defects if they were known to the Buyer at the time of concluding the contract or could not have remained unknown to him.

The seller is also responsible for defects that the Buyer could easily have noticed if he stated that the item had no defects or that the item had certain properties or characteristics.
A defect exists:
1. if the item does not match the description, type, quantity and quality or does not have the functionality, compatibility, interoperability and other features as defined in the sales contract,
2. if the item is not suitable for any special purpose for which the buyer needs it and with which the buyer informed the seller at the latest at the time of concluding the contract and to which the seller gave his consent,
3. if the item is not delivered with all additional equipment and instructions, including installation instructions, as defined in the sales contract, or
4. if the item is not delivered with updates as defined in the sales contract.
5. if the item is not suitable for use for the purposes for which an item of the same type would normally be used, taking into account all European Union regulations and regulations of the Republic of Croatia, technical standards or, if such technical standards do not exist, applicable codes of conduct in a certain area if they exist,
6. if the item does not match the quality and description of the sample or model that the seller made available to the buyer before the conclusion of the contract,

7. if the item is not delivered with additional equipment, including packaging, installation instructions or other instructions, which the buyer can reasonably expect to receive,
8. if the item does not correspond to the quantity or does not have the properties and other features, including those related to durability, functionality, compatibility and safety, which are usual for an item of the same type and which the buyer can reasonably expect considering the nature of the item and taking into account all public statements made by the seller or other persons in previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling,
9. if the item is incorrectly installed or assembled, and the installation or assembly service is part of the sales contract and was performed by the seller or a person for whom he is responsible, or
10. if the item, which was intended to be installed or assembled by the buyer, was incorrectly installed or assembled by the buyer, and the incorrect installation or assembly is due to a defect in the instructions provided by the seller or, in the case of items with digital elements, provided by the seller or supplier of digital content or digital service.
If the Buyer, based on the statements of the manufacturer or his representative, expected the existence of certain properties of the item, the defect is not taken into account if the Seller did not know or should not have known about these statements, or these statements were refuted by the time the contract was concluded or they did not affect the Buyer's decision to conclude the contract.
The seller is also responsible for defects that the buyer could easily have noticed if he stated that the item had no defects or that the item had certain properties or characteristics.

Inspection of goods and visible defects
The buyer is not obliged to inspect the item or have it inspected, but is obliged to inform the seller about the existence of visible defects within two months from the day he discovered the defect.
If the existence of a material defect is established, the Seller may have one of the following obligations, all in accordance with the provisions of the Law on Obligations, at the consumer's choice:
• removal of the defect,
• delivery of another product without defect,
• price reduction.
The buyer can terminate the contract only if he has previously given the Seller a subsequent reasonable period for the fulfillment of the contract.

The buyer can terminate the contract even without leaving an additional period if the Seller, after the notification of defects, informed him that he will not fulfill the contract or if from the circumstances of the specific case it is obvious that the Seller will not be able to fulfill the contract even within the additional period, as well as in the case when the Buyer, due to the Seller's delay, cannot achieve the purpose for which he concluded the contract.
If the Seller does not fulfill the contract within the additional period, it is terminated by law, but the Buyer can uphold it if he immediately declares to the Seller that he maintains the contract in force.
The Seller is authorized to refuse to remedy the defect if repair and replacement are impossible or would incur disproportionate costs, taking into account all circumstances, especially the value of the item without the defect, the significance of the defect, and whether the repair or replacement can be performed without significant inconvenience to the buyer.
When the Buyer is a legal entity, the rules on material defects prescribed by the Law on Obligations apply to him, and the rules from this section "Material defects" do not apply to him.
All complaints can be sent by the consumer via email to info@tryhellosmile.com.
The Seller is legally obliged to provide a written response to the consumer's complaint no later than 15 days from the date of receipt of the complaint.

Unilateral termination of contract and return
1. Every User has the option to review the Terms of Use by clicking on the link at the bottom of each page under "Terms of Use", and the Buyer will receive the Terms of Use at the proposed email address in PDF format.
2. The Buyer may unilaterally terminate the Contract within 14 (fourteen) days from the delivery of the goods into the Buyer's possession without stating reasons. The Buyer is not entitled to unilaterally terminate the Contract if:
• the service contract has been fully performed by the trader, and the performance began with the consumer's express prior consent and with his confirmation that he is aware that he will lose the right to unilaterally terminate the contract from this section if the service is fully performed,
• the subject of the contract is goods or services whose price depends on changes in the financial market that are beyond the control of the trader, and which may occur during the consumer's right to unilaterally terminate the contract,
• the subject of the contract is goods made to the consumer's specifications or clearly adapted to the consumer,
• the subject of the contract is perishable goods or goods with a short shelf life,

• the subject of the contract is sealed goods which are not suitable for return for health or hygiene reasons, if they were unsealed after delivery,
• the subject of the contract is goods which, due to their nature, are inseparably mixed with other items after delivery,
• the subject of the contract is the delivery of alcoholic beverages whose price was agreed upon at the time of concluding the contract, and delivery can only take place after 30 days, if the price depends on market changes that are beyond the influence of the trader,
• the consumer specifically requested a visit from the trader to perform urgent repairs or maintenance work, provided that if during such a visit, in addition to the services explicitly requested by the consumer, the trader also provides other services, i.e., delivers other goods other than those necessary for urgent repairs or maintenance work,
• the consumer has the right to unilaterally terminate the contract regarding these additional services or goods,
• the subject of the contract is the supply of sealed audio or video recordings, or computer programs, which were unsealed after delivery,
• the subject of the contract is the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications,
• the contract concluded at a public auction,
• the subject of the contract is the provision of accommodation services not intended for residential purposes, the provision of goods transport services, vehicle rental services, food and beverage delivery services or services related to leisure activities, if it was agreed that the service would be provided on a specific date or within a specific period,
• the subject of the contract is the supply of digital content not supplied on a tangible medium if the performance of the contract began with the express prior consent of the consumer and with his confirmation that he is aware that he will thereby lose the right to unilaterally terminate the contract.
3. In order for the user to exercise the right to unilaterally terminate the Contract, they must notify the Seller of their decision to unilaterally terminate the Contract before the expiration of the deadline. The user can notify the Seller of their decision to unilaterally terminate the contract before the expiration of the deadline with an unequivocal statement containing their first and last name, address, phone number, fax number or email address, and they can also use the attached example of the unilateral contract termination form.
The user can send the statement by mail to the Seller's address or by email to info@tryhellosmile.com, which must include: invoice number, invoice date, first and last name, address, phone number, fax number or email address.
The unilateral contract termination form is available on the website.
The Buyer can electronically fill out and send a copy of the unilateral contract termination form found on the Seller's website. The Seller will confirm receipt of the notification of unilateral contract termination without delay via email.

4. If the user unilaterally terminates the Contract, the money received from them will be refunded without delay, and no later than 14 (fourteen) days from the day the Seller receives the Buyer's decision on unilateral termination of the Contract, unless the Buyer has chosen another type of delivery, which is not the cheapest standard delivery offered. The refund will be made in the same way the Buyer made the payment. In case the Buyer agrees to another method of refunding the paid amount, they will not incur any costs related to the refund. The Seller can only issue a refund after the goods have been returned to him or after proof that the goods have been sent back has been provided to him.
5. The Buyer is obliged to deliver or send the goods to the address HELLO SMILE d.o.o., Požeška 14, 31000 Osijek without undue delay, and in any case no later than 14 (fourteen) days from the day the Buyer sent his decision on unilateral termination of the Contract to the Seller.
6. The direct costs of returning the goods must be borne by the Buyer.
7. The Buyer is responsible for any reduction in the value of the goods resulting from the handling of the Product, other than what was necessary to determine the nature, characteristics, and functionality of the Product. In order for the consumer to determine the nature, characteristics, and functionality of the Product, they may handle and inspect the Product only in the manner that is customary when purchasing a Product on the Seller's premises. During the period in which the consumer exercises the right of return, they must store the goods with due care.
8. In the event of a reduction in the value of the product resulting from excessive handling of the Product, the Seller will assess the reduction in the value of the Product taking into account the objective criteria of each individual case and will inform the Buyer accordingly.

Out-of-court resolution of consumer disputes
In the event of a dispute, the Seller and the consumer will resolve the dispute amicably, and if not possible, the competent court in the Republic of Croatia will have jurisdiction, applying Croatian law.
Dispute resolution is possible before other mediation centers.
By European Commission Regulation no. 524/2013 on online consumer dispute resolution, which has been in effect since January 9, 2016, the Platform for online consumer dispute resolution (ODR Platform) has been put into operation.
Electronic link to the ODR Platform
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR.

Other provisions

1. The Seller grants Buyers the right to use all services on www.tryhellosmile.com only for personal, non-commercial purposes. Changing the content on www.tryhellosmile.com in any form is prohibited, as is copying, public performance, etc. The use of www.tryhellosmile.com content on other websites is prohibited.
2. The Seller reserves the right to grant rights for publishing any material, parts of www.tryhellosmile.com to a third party only in the case of a concluded agreement regulating the rights and obligations of the Seller and the third party publishing the information.
3. When purchasing any product that is subject to copyright or intellectual property rights, the Seller does not grant any additional rights of use and publication, except for the explicitly granted right or permission from the manufacturer/distributor of the product.
4. When www.tryhellosmile.com provides the possibility to visit other websites of other persons through appropriate links, these are not owned by the Seller and these Terms of Use, in the case of using the mentioned websites, do not apply to the Seller and the Buyer. The Seller does not control these websites and assumes no responsibility for any of them or their content. Visiting these pages is entirely at the Buyer's own risk and the Seller bears no responsibility.
5. Although the Seller makes every effort to ensure that all published product information is accurate, it is possible that information about a particular product is not updated or accurate, in which case the Seller will inform the Buyer who has placed an order, after which the Buyer has the right to keep his order or change it. Product photos are for illustrative purposes only.
6. The Seller reserves the right to publish content in English in cases where it concerns the name of the product, parts thereof or functions in English; expressions in English that are generally accepted in the Croatian language, i.e., that it is common terminology and when there is a risk that significant information cannot be translated sufficiently precisely into Croatian without losing its meaning and purpose.

Contacts
For all information, compliments, complaints, claims, as well as any other notifications, Buyers can contact the Seller at:
address: HELLO SMILE d.o.o., Požeška 14, 31000 Osijek
Phone: +381 69 444 9878
e-mail: info@tryhellosmile.com