General business terms

These NEOSTAR PLATFORM'sGeneral Terms and Conditions (last update: December 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 General 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 accessible on a cloud through the following link:https://www.neostar.com/hr/terms-and-conditions?tab=10.Your further access or use of the PLATFORM shall represent the acceptance of the revised General Terms and Conditions. In addition, respective link shall as well allow access to the previously valid versions of 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, Apple 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 “FEES”;

-      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: info@neostar.com, 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. During his work the NEOINSPECTOR is entitled to rely on information obtained by the SELLER-USER, particularly in cases where certain information are not publicly available (e.g., if motor vehicle were has been involved in a car crash), and it potentially might related to hidden defects. 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.

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 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, 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 and reserve the selected. 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 5 (five) days.

Having selected the Purchase price payment method and having selected and/or clicked the field “Buy Now, 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 and debit cards: Visa®, Mastercard®, Maestro® and Diners®.

As well, payment of the Authorization amount can be done offline, at the purchase places of SELLER-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, 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  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, with required presence of 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.            BUYER-USER shall take the respective motor vehicle into possession and in addition to the motor vehicle shall also take 3 (three) copies of the signed Sale-purchase Contract (signed by the SELLER-USER and/or the person signing the contract on behalf of the SELLER-USER) into their possession, out of which 1 (one) copy after being signed by the BUYER-SELLER 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;

vi.            If the BUYER-USER, after being previously noticed by the NEOINSPECTOR, fails to access to the final verification and/or taking over of the motor vehicle within the period from item (ii) above, it shall be understood that the BUYER-USER abandoned the procedure of the motor vehicle sales-purchase.

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);

v.            If the BUYER-USER fails to access the inspection of the motor vehicle and/or taking over of the motor vehicle within the period from item (ii) above, it shall be understood that the BUYER-USER abandoned the procedure of the motor vehicle sales-purchase.

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.

The PLATFORM can be used to enable easier contracting of the motor vehicles service.

THE PLATFORM shall enable the USER, who wishes to advertise their vehicle service services, to enter data based on the predefined categories. The entry of data and choice of publishing options shall be considered an invitation to conclude a contract on marketing cooperation with NEOSTAR. NEOSTAR shall provide the USER with a draft Contract on business cooperation (which will define terms and conditions of advertising and the license needed for the use of the software solution) within a maximum of 15 (fifteen) days. By signing the Contract/s, the USER shall become the CONTRACTUAL USER - SERVICER. NEOSTAR reserves the right to refuse to conclude a business cooperation contract with the USER, and the aforementioned shall therefore not be considered an invitation to submit a quote and/or any binding NEOSTAR action.

The USER who wishes to have their motor vehicle serviced and therefore uses the PLATFORM to access the advertised CONTRACTUAL USER – SERVICER and enters the information in the designated platform categories shall become the USER - CUSTOMER OF THE SERVICER from the moment of submitting an inquiry and/or request to service the motor vehicle to the CONTRACTUAL USER –  the SERVICER and/or reservation of the time slot for the service of the motor vehicle and/or the payment of the service fee for the motor vehicle service.

Advertisement of the CONTRACTUAL USER - SERVICER in the form of service advertising, if applicable to the terms and conditions of publication (the conditions for publication are described in: the Conditions of use “Publication of motor vehicle sales advertisements”), shall be published on the PLATFORM so they it is publicly visible to all the VISITORS and USERS of the PLATFORM.

THE CONTRACTUAL USER – SERVICER shall guarantee that the concerned workshop area for the servicing of motor vehicles is their sole property or that they have all valid authorizations required under the applicable regulations and needed for the orderly conduct of the business activities of the CONTRACTUAL USER - SERVICER, that no dispute proceeding is being conducted before the court or the elected arbitration court in respect of the workshop concerned, and that no burden, pledge or third party rights, whether written or not, that exclude, diminish or limit the right and/or possibilities of the CONTRACTUAL USER - SERVICER to conduct business activities in an orderly manner, burden the workshop i.e. area for the servicing of vehicles.

The CONTRACTUAL USER – SERVICER declares and warrants that they are in the VAT system and that they shall do business in such a way that they remain in the VAT system for the entire duration of the relationship with NEOSTAR and/or PLATFORM.

At the moment of entering the data through the PLATFORM, and within the scope of the possibilities to enter such data into the PLATFORM and to the extent that the PLATFORM enables it, the CONTRACTUAL USER -SERVICER shall (i) provide complete and accurate information about themselves and their workshop (ii) disclose any flaws and/or limitations of their workshop and/or the services they provide and (iii) provide any other relevant information. The CONTRACTUAL USER - SERVICER is solely responsible for the content and/or update of the data entered. The CONTRACTUAL USER - SERVICER is particularly responsible for the entry of data needed for the lawful processing of the payment transactions necessary to perform business processes that the CONTRACTUAL USER - SERVICER selects during use of the PLATFORM (this includes, but is not limited to, account number, IBAN and Swift/BIC code (if applicable). The CONTRACTUAL USER - SERVICER 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 CONTRACTUAL USER - SERVICER releases NEOSTAR from any responsibility that can arise from CONTRACTUAL USER - SERVICER’s opposite behavior.

In particular, the CONTRACTUAL USER – SERVICER declares and warrants that there are no limitations (e.g., but not limited to, blocked account, inability to conduct clearance payments, prohibition to use term funds, and they are obliged to deposit the cash they received by performing registered business to their bank account ) with regard to the financial transactions relating to their business account to be carried out in a manner and within the deadlines stipulated in these general terms, the Contract on business cooperation and/or related documents. The CONTRACTUAL USER – SERVICER shall do business by complying fully with the statement and warranty given in the previous sentence for the entire duration of the relationship with NEOSTAR and/or PLATFORM at all times.

NEOSTAR shall not regularly check the content that the CONTRACTUAL USER - SERVICER publishes/uploads, but it reserves the right (not an obligation though) to remove malicious or illicit content when NEOSTAR establishes that such content had been published on the web-site. Copyright materials, including without limitation to, software, graphics, texts, sound, video and music records, must not be published without the legally valid approval from the copyright owner or an equivalent document.

 

The CONTRACTUAL USER – SERVICER is the only person responsible for posting the price of the motor vehicle service and/or time slots for the service of motor vehicles they advertise through and/or with the help of the PLATFORM (including all taxes and/or costs that the CONTRACTUAL USER – SERVICER  must bear according to the applicable rules).

The CONTRACTUAL USER – SERVICER starts the procedure of publishing an ad in order to offer motor vehicle servicing, on the condition that they have previously been registered to use the PLATFORM and have concluded a Contract on business cooperation with NEOSTAR, by stating and/or attaching the data (price, photographs, written text, etc.) on the PLATFORM, all for the purpose of advertising motor vehicles servicing. Photos and/or animations and/or videos (collectively, "images") used in the ads of the CONTRACTUAL USER - SERVICER must accurately reflect the quality and condition of the service workshop and/or business premises/real estate where the workshop is located and are the exclusive liability of the CONTRACTUAL USER - SERVICER. NEOSTAR shall reserve the right to demand that ad/s have a minimum number of photographs of a certain format, size and resolution.

The motor vehicle servicing process starts when the USER - CUSTOMER OF THE SERVICER selects the CONTRACTUAL USER - SERVICER on the PLATFORM and indicates in the "designated field" the requested service (which may include goods/parts to be installed when performing the service, therefore, under these general terms and conditions, servicing entails works and/or goods/parts cumulatively if the ordered service contained both) and the time and date of vehicle servicing (if this is “Instant” service) or will propose the date and time of vehicle servicing  (if this is “Non-instant” service).

If the CONTRACTUAL USER - SERVICER indicates that they offer “Instant” vehicle servicing, this also means that they shall perform the service ordered by the USER - CUSTOMER OF THE SERVICER at the time (date and/or hour) indicated as available and selected by the USER - CUSTOMER OF THE SERVICER. The "Instant" option does not require confirmation of the time slot by the CONTRACTUAL USER - SERVICER since the USER - CUSTOMER OF THE SERVICER chooses the available time slot and the selected time slot cannot be changed/canceled by the CONTRACTUAL USER - SERVICER.

When the CONTRACTUAL USER - SERVICER indicates that the service is performed as “Non-instant”, this also means that they shall perform the service ordered by the USER - CUSTOMER OF THE SERVICER at the time that is subsequently arranged and/or communicated (through the PLATFORM) between the CONTRACTUAL USER - SERVICER and the USER - CUSTOMER OF THE SERVICER. Therefore, the "Non-instant" service requires the CONTRACTUAL USER - SERVICER to confirm the time entered/requested by the USER - CUSTOMER OF THE SERVICER. If the CONTRACTUAL USER - SERVICER does not confirm the time entered/requested by the USER - CUSTOMER OF THE SERVICER within 24 (twenty-four) hours, the time shall be deemed not agreed, i.e. rejected by the CONTRACTUAL USER - SERVICER.

The CONTRACTUAL USER - SERVICER shall perform the agreed servicing of the motor vehicle for the USER - CUSTOMER OF THE SERVICER:

1)     professionally;

2)      for the fee specified and as such visible on the PLATFORM;

3)     within the designated/agreed time and place.

The motor vehicle service is provided as a cumulative set of works and/or goods/parts predefined and arranged by groups which are, for the purposes of these general terms and conditions, called "service packs". A service pack includes all works conducted by the CONTRACTUAL USER - SERVICER for the duration specified by the vehicle manufacturer/factory normative) and/or all goods/parts necessary to perform a particular service and can normally be classified as "Economy" or "Premium".

The “Economy” service pack includes professional and expert work of the CONTRACTUAL USER - SERVICER and/or the goods/parts necessary to perform a particular service, positioned in the lower to mid-price range in the motor vehicles goods/parts retail market.

The “Premium” service pack includes professional and expert work of the CONTRACTUAL USER - SERVICER and/or the goods/parts necessary to perform a particular service, positioned in the mid- to high-price range in the motor vehicles goods/parts retail market.

NEOSTAR does not participate in determining the manufacturer of the goods/parts installed in the vehicle, and this matter is entirely the subject of the relationship between the CONTRACTUAL USER - SERVICER and the USER - CUSTOMER OF THE SERVICER, whereas the possible choice is defined by selecting "Economy" or "Premium" standard service pack by the USER - CUSTOMER OF THE SERVICER.

Furthermore, the Platform shall enable the CONTRACTUAL USER - SERVICER to create their own so-called "custom-made" service packs, either as preset packs or packs created through direct contact with USER - CUSTOMER OF THE SERVICER.

After selecting the motor vehicle service time and indicating the type of the motor vehicle service, the CONTRACTUAL USER - SERVICER may order the service by paying in advance or just by ordering the service without paying for it in advance (in this case, the CONTRACTUAL USER - SERVICER shall pay for the service after its completion, within the due period as indicated on the invoice of the CONTRACTUAL USER - SERVICER).[ST1]  Servicing payment is regulated in accordance with the conditions for monetary transactions and reservation (the conditions are described in: Conditions of use “Monetary transactions and reservation”, subsection: “Monetary transactions for motor vehicle servicing”).

Upon agreement of the time slots and scope of the service, the USER - CUSTOMER OF THE SERVICER will receive a confirmation in his personal inbox stating that the following information will be visible:

1)     the content of the servicing ordered,

2)     data about the CONTRACTUAL USER - SERVICER,

3)     date and time of the servicing ordered,

4)     fee for the servicing of the motor vehicle.

Servicing performance, i.e. the moment it was conducted as well as the content of the rights and obligations, taking into account the circumstance that NEOSTAR enables CONTRACTUAL USERS - SERVICERS and/or USERS - CUSTOMERS OF THE SERVICER to use the PLATFORM and/or related technology in order to advertise and/or simplify the process of ordering a motor vehicle service, represents solely the relationship between the CONTRACTUAL USER - SERVICER and the USER - CUSTOMER OF THE SERVICER, hence the information on the circumstances of the ordered servicing being carried out, which are relevant for the storing and/or payment of monetary amounts in the form of the fee for the service in accordance with the "Terms of use "Monetary transaction and reservation", sub-group: “Monetary transactions for the conducted vehicle service", NEOSTAR shall receive from the the CONTRACTUAL USER  – SERVICER, which the USER - CUSTOMER OF THE SERVICER agrees to.

NEOSTAR and/or the PLATFORM are not the CONTRACTUAL USER - SERVICER and/or USER - CUSTOMER OF THE SERVICER of motor vehicles and/or dealer (i.e. agent, broker or commission agent) of the CONTRACTUAL USER - SERVICER and/or USER - CUSTOMER OF THE SERVICER. Pursuant to the above mentioned, NEOSTAR and/or the PLATFORM provide no warranty for the service performed by the CONTRACTUAL USER – SERVICER and/or its quality, or any other type of warranty and/or guarantee with regard to the relationship of the CONTRACTUAL USER – SERVICER and/or the USER - CUSTOMER OF THE SERVICER, unless otherwise provided by these general terms and conditions.

[ST1]1) Meni se ovdje učinilo da bi Korisnik - naručitelj servisa trebao odabrati termin i platiti?

2) U jednom trenutku se u izvorniku koristi  I Korisnik – naručitelj servisa I Korisnik – naručitelj servisera.

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.

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 5 (five) days.

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 “Buy Now”, 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 payment WSPay.

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 and cards Visa®, Mastercard®, Maestro® and Diners®.

As well, payment of the Authorization amount can be done offline, at the purchase places of SELLER-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.

Terms of use of "Monetary transaction and reservation" regarding the servicing of a motor vehicle

 

By entering the required data in full and by choosing the payment method of the motor vehicle servicing fee (payment of the service (in advance)) and by intermediary credit cards in online / offline billing system […] d.o.o. The USER - CUSTOMER OF THE SERVICER pays the fee to the NEOSTAR account, and NEOSTAR shall keep the amount in question on behalf of and for the USER - CUSTOMER OF THE SERVICER until the moment service is carried out. From the moment service is carried out onwards, NEOSTAR shall keep the amount on behalf and for the CONTRACTUAL USER – SERVICER and the amount is at the disposal of the CONTRACTUAL USER – SERVICER.

In the event that the USER - CUSTOMER OF THE SERVICER did not accept the possibility to pay for the service ordered in advance, they shall pay the fee for the conducted service to the CONTRACTUAL USER – SERVICER at the time and/or immediately after the service is performed at the CONTRACTUAL USER -SERVICER's address.

If the USER - CUSTOMER OF THE SERVICER cancels the order and the service fee amount was paid in advance, then the amount shall be returned to the USER - CUSTOMER OF THE SERVICER by making a payment to the account from which the amount was received.

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 immediately after the Moment of the Selected motor vehicle purchase realization, and NEOSTAR shall charge it from the amount of the Purchase price, 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:

i.            Motor vehicle production year (motor vehicle cannot be older than 15 (fifteen) years);*

ii.            Motor vehicle mileage (motor vehicle’s mileage cannot exceed 250,000 (two hundred and fifty thousand) kilometers);*

iii.            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);

iv.            Based on the general condition of the motor vehicle (for example, damage visible on the photographs);

v.            Low-quality of the published photographs;

vi.            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);**

vii.            General non-conformity of data.

*          Respective restrictions shall not apply to SELLER-USER who is CONTRACTUAL USER. However, in such case related motor vehicle could be sold only “offline” and provisions on the NEOSTAR Warranty shall not be applied to it.

**        SELLER-USER who is CONTRACTUAL USER shall be allowed to publish motor vehicle that, in the moment of publication, is not situated 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.

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 enables the use of the PLATFORM and/or related technology for CONTRACTUAL USERS - SERVICERS and/or USERS – CUSTOMERS OF THE SERVICERS of motor vehicles, for the purpose of advertising and/or simplifying the ordering process of motor vehicle service.

NEOSTAR and/or the PLATFORM are not the CONTRACTUAL USER - SERVICER and/or USER - CUSTOMER OF THE SERVICER of motor vehicles and/or dealer (i.e. agent, broker or commission agent) of the CONTRACTUAL USER - SERVICER and/or USER - CUSTOMER OF THE SERVICER.

The procedure of potential motor vehicle publication for the purpose of advertising motor vehicle service by using and/or through the PLATFORM starts when the USER enters necessary data. The entry of data and choice of publishing options shall be considered an invitation to conclude a contract on business cooperation with NEOSTAR. NEOSTAR shall provide the USER with a draft Contract on business cooperation (which will define the terms and conditions of advertising and the license needed for the use of the software solution) within a maximum of 15 (fifteen) days. By signing this contract, the USER shall become the CONTRACTUAL USER - SERVICER.

The USER who wishes to have their motor vehicle serviced and therefore uses the PLATFORM to access the advertised CONTRACTUAL USER – SERVICER and enters the information in the designated platform categories shall become the USER - CUSTOMER OF THE SERVICER from the moment of submitting an inquiry and/or request to have their motor vehicle serviced to the CONTRACTUAL USER –  the SERVICER and/or reservation of the time slot for the servicing of the motor vehicle and/or the payment of the service fee for the motor vehicle servicing.

THE CONTRACTUAL USER – SERVICER shall guarantee that the concerned workshop for the servicing of motor vehicles is their sole property or that they have all valid authorizations required under the applicable regulations and needed to  orderly conduct activities on the PLATFORM, that no dispute proceeding is being conducted before the court or the elected arbitration court in respect of the workshop concerned and that no burden, pledge, or third party rights, whether written or not, that exclude, diminish or limit the right of the CONTRACTUAL USER -SERVICER burden the workshop.

If they meet the conditions for publication (the conditions for publication are described in: the 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.

The motor vehicle servicing process starts when the USER - CUSTOMER OF THE SERVICER selects the CONTRACTUAL USER - SERVICER on the PLATFORM and indicates in the "designated field" the requested service (which may include goods/parts to be installed when performing the service, therefore, under these General terms and conditions, servicing entails works and/or goods/parts cumulatively if the ordered service contained both) and the time and date of vehicle servicing (if this is “Instant” service) or will propose the date and time of vehicle servicing  (if this is “Non-instant” service).

If the CONTRACTUAL USER - SERVICER indicates that  they offer “Instant” vehicle servicing, this also means that they shall perform the service ordered by the USER - CUSTOMER OF THE SERVICER at the time (date and/or hour) indicated as available and selected by USER - CUSTOMER OF THE SERVICER, while in case that the CONTRACTUAL USER - SERVICER indicates that the service is performed as “Non-instant”, this also means that they shall perform the service ordered by the USER - CUSTOMER OF THE SERVICER at the time that is subsequently arranged and/or communicated (through the PLATFORM) between the CONTRACTUAL USER - SERVICER and the USER - CUSTOMER OF THE SERVICER.

After selecting the motor vehicle service time and indicating the type of motor vehicle service, the CONTRACTUAL USER - SERVICER may order the service by paying in advance or just by ordering the service without paying for it advance (in this case, the CONTRACTUAL USER - SERVICER shall pay for the service after its completion, within the due period as indicated on the invoice of the CONTRACTUAL USER - SERVICER).

The CONTRACTUAL USER – SERVICER starts the procedure of publishing an ad in order to offer motor vehicle servicing, on the condition that they have previously been registered to use the PLATFORM and concluded a Contract on business cooperation with NEOSTAR, by stating and/or attaching the data (price, photographs, written text, etc.) on the PLATFORM, all for the purpose of advertising motor vehicles servicing. Photographs and/or animations and/or video recordings (collectively, “images”) used in the CONTRACTUAL USER - SERVICER’s ads shall reflect the exact quality and condition of the service action and are sole responsibility of the CONTRACTUAL USER – SERVICER. NEOSTAR shall reserve the right to demand that ad/s have a minimum number of photographs of a certain format, size and resolution.

The CONTRACTUAL USER – SERVICER has the option to decide whether motor vehicle services will be performed on a fixed date, as indicated by the "Instant" option ("Instant" means that the time slot for servicing the motor vehicle is available and/or accessible at the exact date and/or hour and will be displayed as available in the corresponding menu so that a potential USER - CUSTOMER OF THE SERVICER can choose it as the desired date and/or time of service) or "Non-instant" ("Non-instant" indicates that a specific confirmation of the time and/or date of the service of the motor vehicle is required.)

The "Instant" option does not require confirmation of the time slot by the CONTRACTUAL USER - SERVICER since the USER - CUSTOMER OF THE SERVICER chooses the available time slot and the selected time slot cannot be changed/canceled by the CONTRACTUAL USER - SERVICER.

 

The "Non-instant" service requires the CONTRACTUAL USER - SERVICER to confirm the time entered/requested by the USER - CUSTOMER OF THE SERVICER. If the CONTRACTUAL USER - SERVICER does not confirm the time entered/requested by the USER - CUSTOMER OF THE SERVICER within 24 (twenty-four) hours, the time shall be deemed not agreed, i.e. rejected by the CONTRACTUAL USER - SERVICER.

VERIFICATION OF THE MOTOR VEHICLE

INITIAL VERIFICATION

After an ad containing the message “Vehicle in arrival” has been published, NEOSTAR shall start, through NEOINSPECTOR (During his work the NEOINSPECTOR is entitled to rely on information obtained by the SELLER-USER, particularly in cases where certain information are not publicly available (e.g., if motor vehicle has been involved in a car crash), and it potentially might related to hidden defects.), 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

*          Vehicle in motion shall be tested up to the speed of 80 km / h and up to the distance of 5 km. Consequently, it is possible that some deviations in performance that appear outside of these parameters shall remain undetected during verification process.

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 by the Check List. It shall be understood that the BUYER-USER agreed with them and accepted them that by signing of the Motor Vehicle Sales-purchase Contract.

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 3 (in writing: three)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 Existing warranty on vehicle.

If the respective vehicle has Existing warranty on vehicle, the SELLER-USER needs to enter:

- date of expiry of Existing warranty on vehicle

- mileage limit after which Existing warranty on vehicle 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 500 (in writing: five hundred) kilometers as of the mileage entered at the moment of publication.

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 of the Final verification and at the moment of signing of the Motor Vehicle Sales-purchase Contract as by this the BUYER-USER agrees with respective deviations and accepts them.

BUYER-USER receives the Selected motor vehicle into possession 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).

After being signed by the BUYER-USER 1 (one) copy of the Motor vehicle sale-purchase contract shall be given to the SELLER-USER.

The BUYER-USER shall keep 2 (two) Motor vehicle sale-purchase contracts 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;

Existing warranty on vehicle

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. Existing warranty on vehicle 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 Existing warranty on vehicle is longer than 6 (six) months or the Existing warranty on vehicle at that moment covers mileage greater than 5,000 km (five thousand kilometers), the BUYER-USER retains Existing warranty on vehicle and the Selected motor vehicle does not get NEOSTAR warranties.

Reporting a defect during the validity of the Existing warranty on vehicle 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 Existing warranty on vehicle, 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 Existing warranty on vehicle, 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 Existing warranty on vehicle 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.

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:

  1. 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;

  2. that are used for rent, delivery, driving school or within airports;

  3. that are registered to traders or to a vehicle service;

  4. that are sold to vehicle traders for further sale;

  5. that are, at the moment of defect, in possession or owned by trader or vehicle service;

  6. 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.;

  7. that are technically modified by procedures such as Chiptuning, gas installation, etc.;

  8. which purchase value is less than HRK 15,000;

  9. that are not sold in Croatia;

  10. 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

  1. 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.
  2. 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.

  1. 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.

  1. 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.

  1. 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 or 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, claim.hr@realgarant.com.

§ 11. NEOSTAR

NEOSTAR: is a legal person NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica, OIB: 24813383735, e-mail: dm@neostar.com, 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: […]);[NB1]

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 HRK 1,000.00 (in writing: one thousand Kuna).

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.

U slučaju kada je KUPAC-KORISNIK fizička osoba koja sklapa pravni posao ili djeluje na tržištu izvan svoje trgovačke, poslovne, obrtničke ili profesionalne djelatnosti, a PRODAVATELJ-KORISNIK je trgovac na način definiran Zakonom o zaštiti potrošača, tada KUPAC-KORISNIK sukladno Zakonu o zaštiti potrošača ima status potrošača. U tom slučaju na odnos PRODAVATELJA-KORISNIKA i KUPCA-KORISNIKA primjenjuju se dodatne odredbe koje definiraju poslovanje PRODAVATELJA-KORISNIKA s potrošačima, a sve sukladno odredbama članka 5. stavka 1. Zakona o zaštiti potrošača (Narodne novine br. 41/14, 110/15 i 14/19).

PRODAVATELJ-KORISNIK prihvaća i razumije da niti NEOSTAR ni PLATFORMA nisu ugovorna strana transakcije između PRODAVATELJA-KORISNIKA i KUPCA-KORISNIKA te da je zadovoljavanje, svih zakonskih preduvjeta za ostvarivanje transakcije između PRODAVATELJA-KORISNIKA i KUPCA-KORISNIKA, uključujući, ali se neograničavajući na one propisane Zakonom a o zaštiti potrošača, isključiva odgovornost PRODAVATELJA-KORISNIKA.

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., support@neostar.com;

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.

Uvjeti upotrebe NEOSTAR PLATFORME

(sukladno odredbama Uredbe 2019/1150 Europskog Parlamenta i Vijeća od 20. lipnja 2019.

o promicanju pravednosti i transparentnosti za poslovne korisnike usluga internetskog posredovanja)

 

Ovi Uvjeti upotrebe NEOSTAR PLATFORME (Posljednje ažuriranje: 19.01.2021.godine) u odnosu na nove UGOVORNE KORISNIKE stupaju na snagu njihovim prihvatom, a u odnosu na postojeće UGOVORNE KORISNIKE po isteku obavijesnog roka od 15 (petnaest) dana, računajući od dana objave revidiranih Uvjeta upotrebe NEOSTAR PLATFORME na PLATFORMI i od dana slanja objave izmijenjenog i dopunjenog teksta Uvjeta upotrebe NEOSTAR PLATFORME UGOVORNOM KORISNIKU, što god nastupi kasnije.

Za potrebe ovih Uvjeta upotrebe NEOSTAR PLATFORME UGOVORNI KORISNIK znači svaka privatna osoba koja djeluje u trgovačkom ili profesionalnom svojstvu ili bilo koja pravna osoba, koja potrošačima nudi robu ili usluge putem usluga NEOSTAR PLATFORME u svrhe povezane s vlastitom trgovačkom, poslovnom, obrtničkom ili profesionalnom djelatnosti.

Razumljivost

Ovi Uvjeti upotrebe NEOSTAR PLATFORME, zajedno s Općim uvjetima NEOSTAR čiji sastavni dio čine, jednostavnim i razumljivim jezikom UGOVORNOM KORISNIKU pružaju sve potrebne informacije u skladu s Uredbom 2019/1150 Europskog Parlamenta i Vijeća od 20. lipnja 2019. o promicanju pravednosti i transparentnosti za poslovne korisnike usluga internetskog posredovanja (nadalje: Uredba 2019/1150).

Dostupnost

Ovi Uvjeti upotrebe NEOSTAR PLATFORME dostupni su UGOVORNOM KORISNIKU u svakom trenutku na cloudu putem slijedeće poveznice („linka“): https://www.neostar.com/hr/terms-and-conditions?tab=10, te su i prije pružanja usluga NEOSTAR PLATFORME dani na uvid UGOVORNOM KORISNIKU putem odnosne poveznice. Putem odnosne poveznice biti će moguće pristupiti i svim ranije važećim verzijama ovih Uvjeta upotrebe NEOSTAR PLATFORME kao i Općih uvjeta NEOSTAR čiji sastavni dio čine, kroz vremenski period („storability“) i na način koji omogućuje njihovu neizmijenjenu reprodukciju („reprodcution“) sukladno odredbama Uredbe 2019/1150, sve kako bi se odnosnom sredstvu osigurale karakteristike „trajnog medija“ odnosno „trajnog nosača podataka“.

Prije registracije na NEOSTAR PLATFORMI UGOVORNI KORISNIK upućen je upoznati sa sadržajem ovih Uvjeta upotrebe NEOSTAR PLATFORME, kao i sa sadržajem Općih uvjeta NEOSTAR čiji sastavni dio oni čine.

Razlozi za odluku o suspenziju pružanja usluga NEOSTARA, djelomično ili u cijelosti, jesu:

-          Nepridržavanje Ugovora o poslovnoj suradnji;

-          Objavljivanje usluga/proizvoda UGOVORNOG KORISNIKA na drugim oglasnim prostorima po cijeni različitoj u odnosu na cijenu koju UGOVORNI KORISNIK istaknuo na NEOSTAR PLATFORMI ili putem NEOSTAR PLATFORME

Razlozi za odluku o prekidu pružanja usluga NEOSTARA, djelomično ili u cijelosti, jesu:

-          Kršenje Općih uvjeta NEOSTAR;

-          Prema razumnom mišljenju NEOSTARA bilo koja radnja i/ili propuštanje radnje i/ili mijenjanja opsega usluge ili proizvoda UGOVORNOG KORISNIKA koje može utjecati na uspješno funkcioniranje NEOSTAR PLATFORME i/ili na ugled iste;

-          Nezadovoljstvo KORISNIKA NEOSTAR PLATFORME UGOVORNIM KORISNIKOM u vidu niskih ocjena UGOVORNOG KORISNIKA na NEOSTAR PLATFORMI (bez obzira odnose li se niske ocjene na nepoštivanje obveza koje UGOVORNI KORISNIK ima ili je imao prema KORISNICIMA NEOSTAR PLATFORME iz njihovih direktnih poslovnih odnosa ili na što drugo).

Bilo koje drugo ograničenje

NEOSTAR nije odgovoran za eventualni prekid operativnosti bilo kojeg dijela Interneta niti za moguće reguliranje Interneta na način koji može ograničiti ili zabraniti pružanje/korištenje NEOSTAR PLATFORME, ili izvršivost njezinih online funkcija.

Druga ograničenja pružanja usluga / korištenja NEOSTAR PLATFORME mogu biti regulirani dvostrano obveznim ugovorima koje će biti zasebno sklapani između NEOSTARA i svakog pojedinog UGOVORNOG KORISNIKA i koji će, svaki za sebe, detaljnije definirati dodatne činidbe koje mogu predstavljati sadržaj odnosa NEOSTARA i svakog pojedinog UGOVORNOG KORISNIKA.

Dodatni kanali za distribuciju i potencijalni povezani programi

NEOSTAR ne pruža niti dodatne kanale za distribuciju ni potencijalno povezane programe putem kojih bi NEOSTAR mogao stavljati na tržište robu i usluge koje nude UGOVORNI KORISNICI. Međutim, NEOSTAR je u času stupanja na snagu ovih Uvjeta upotrebe NEOSTAR PLATFORME povezana osoba trgovačkog društva ZUBAK GRUPA društvo s ograničenom odgovornošću za popravak, održavanje i trgovinu automobilima i usluge, Velika Gorica (Grad Velika Gorica), Zagrebačka 117, OIB: 39135989747 koje može na tržište stavljati robu i usluge koje nude UGOVORNI KORISNICI.

 

Izmjene i dopune ovih Uvjeta upotrebe NEOSTAR PLATFORME

 

NEOSTAR zadržava pravo izmjene ovih Uvjeta upotrebe NEOSTAR PLATFORME u bilo kojem trenutku u skladu s ovom odredbom. Ako NEOSTAR izmijeni ove Uvjete upotrebe NEOSTAR PLATFORME, objavit će revidirane Uvjete upotrebe NEOSTAR PLATFORME na PLATFORMI i ažurirati datum „Posljednje ažuriranje“ na vrhu ovih Uvjeta upotrebe NEOSTAR PLATFORME i isti će biti dostupni na cloudu putem slijedeće poveznice („linka“): https://www.neostar.com/hr/terms-and-conditions?tab=10. Daljnji pristup ili korištenje PLATFORME od strane UGOVORNOG KORISNIKA predstavljat će prihvaćanje revidiranih Uvjeta upotrebe NEOSTAR PLATFORME.

Istodobno, NEOSTAR će UGOVORNOG KORISNIKA obavijestiti o svim predloženim izmjenama i/ili dopunama ovih Uvjeta upotrebe NEOSTAR PLATFORME zasebnom komunikacijom putem e-pošte, na adresu e-pošte UGOVORNOG KORISNIKA koju je registrirao na PLATFORMI, a koja e-poruka će sadržavati obavijest o namjeravanim izmjenama i dopunama te poveznicu za pristup tekstu Uvjeta upotrebe NEOSTAR PLATFORME.

Predložene izmjene i dopune ne provode se prije isteka obavijesnog roka od 15 (petnaest) dana, računajući od dana objave revidiranih Uvjeta upotrebe NEOSTAR PLATFORME na PLATFORMI i od dana slanja objave izmijenjenog i dopunjenog teksta Uvjeta upotrebe NEOSTAR PLATFORME UGOVORNOM KORISNIKU, što god nastupi kasnije.

Putem odnosne poveznice biti će moguće pristupiti i svim ranije važećim verzijama ovih Uvjeta upotrebe NEOSTAR PLATFORME kao i Općih uvjeta NEOSTAR čiji sastavni dio čine, kroz vremenski period („storability“) i na način koji omogućuje njihovu neizmijenjenu reprodukciju („reprodcution“) sukladno odredbama Uredbe 2019/1150, sve kako bi se odnosnom sredstvu osigurale karakteristike „trajnog medija“ odnosno „trajnog nosača podataka“.

UGOVORNI KORISNIK ima pravo raskinuti poslovni odnos s NEOSTAROM prije isteka obavijesnog roka. Takav raskid ugovora stupa na snagu po proteku obavijesnog roka.

UGOVORNI KORISNIK putem pisane izjave ili jasne potvrdne radnje, odreći obavijesnog roka iz stavka 3. ovog dijela u bilo kojem trenutku nakon što je primio obavijest na temelju stavka 2. ovog dijela.

Tijekom trajanja obavijesnog roka stavljanje u ponudu nove robe ili usluga putem NEOSTAR PLATFORME smatra se jasnom potvrdnom radnjom kojom se UGOVORNI KORISNIK odriče obavijesnog roka.

Obavijesni rok iz stavka 3. ovog dijela ne primjenjuje se u sljedećim slučajevima:

-          ako NEOSTAR podliježe zakonskoj ili regulatornoj obvezi u skladu s kojom je dužan izmijeniti i/ili dopuniti Uvjete upotrebe NEOSTAR PLATFORME na način koji mu ne dopušta da poštuje obavijesni rok iz stavka 3. ovog članka;

-          ako NEOSTAR mora iznimno izmijeniti i/ili dopuniti Uvjete upotrebe NEOSTAR PLATFORME radi rješavanja nepredviđene i neposredne opasnosti povezane s obranom usluga NEOSTAR PLATFORME, potrošača ili UGOVORNIH KORISNIKA od prijevara, zlonamjernih programa, neželjene pošte, povreda podataka ili drugih kibersigurnosnih rizika.

 

Jasno vidljiv identitet

NEOSTAR osigurava da je identitet UGOVORNOG KORISNIKA koji pruža robu ili usluge putem NEOSTAR PLATFORME jasno vidljiv.

 

Ograničenje, suspenzija i prekid

 

U slučaju ograničenja ili suspendiranja pružanje usluga NEOSTAR PLATFORME UGOVORNOM KORISNIKU izvršenim od strane NEOSTARA, prije ili u trenutku stupanja na snagu ograničenja ili suspenzije NEOSTAR će dati UGOVORNOM KORISNIKU izjavu s razlozima za tu odluku.

 

Ako NEOSTAR odluči prekinuti pružanje usluga NEOSTAR PLATFORME u cijelosti UGOVORNOM KORISNIKU, tom UGOVORNOM KORISNIKU najmanje 30 (trideset dana) dana prije stupanja prekida na snagu na cloudu putem slijedeće poveznice („linka“): [link], uz istodobno slanje poruke e-pošte na registriranu adresu UGOVORNOG KORISNIKA, daje izjavu s razlozima za tu odluku, čime se omogućuje pristup od strane UGOVORNOG KORISNIKA odnosnom dostavljenom materijalu koji mu je osobno upućen kroz vremenski period („storability“) i na način koji omogućuje njegovu neizmijenjenu reprodukciju („reprodcution“) sukladno odredbama Uredbe 2019/1150.

 

Obavijesni rok iz prethodnog stavka ne primjenjuje se ako NEOSTAR:

–        podliježe zakonskoj ili regulatornoj obvezi u skladu s kojom je dužan u cijelosti prekinuti pružanje svojih usluga NEOSTAR PLATFORME određenom UGOVORNOM KORISNIKU na način koji mu ne dopušta da poštuje taj obavijesni rok; ili

–        ostvaruje svoje pravo na prekid na osnovi imperativnog razloga na temelju nacionalnog prava koje je u skladu s pravom Unije;

–        može dokazati da je dotični UGOVORNI KORISNIK više puta prekršio primjenjive Uvjeti upotrebe NEOSTAR PLATFORME, što je rezultiralo prekidanjem pružanja usluga NEOSTAR PLATFORME u cijelosti.

U slučajevima u kojima se ne primjenjuje obavijesni rok iz stavka 2. ovog dijela, NEOSTAR dotičnom UGOVORNOM KORISNIKU bez nepotrebne odgode na cloudu putem slijedeće poveznice („linka“): [link], uz istodobno slanje poruke e-pošte na registriranu adresu UGOVORNOG KORISNIKA, daje izjavu s razlozima za tu odluku čime se omogućuje pristup od strane UGOVORNOG KORISNIKA odnosnom dostavljenom materijalu koji mu je osobno upućen kroz vremenski period („storability“) i na način koji omogućuje njegovu neizmijenjenu reprodukciju („reprodcution“) sukladno odredbama Uredbe 2019/1150.

U slučaju ograničenja, suspenzije ili prekida, NEOSTAR daje UGOVORNOM KORISNIKU mogućnost da pojasni činjenice i okolnosti u okviru internog postupka rješavanja pritužbi iz nižeg odjeljka ovih Uvjeta upotrebe NEOSTAR PLATFORME.

Rangiranje

NEOSTAR oglase na NEOSTAR PLATFORMI rangira prema sljedećim parametrima:

-          vremenskom objavljivanju oglasa na način da kasniji oglas na NEOSTAR PLATFORMI bude iznad ranijeg oglasa;

Ograničenja ponude različitih uvjeta putem drugih kanala

 

Objavljivanje usluga/proizvoda UGOVORNOG KORISNIKA na drugim oglasnim prostorima po cijeni različitoj u odnosu na cijenu koju UGOVORNI KORISNIK istaknuo na NEOSTAR PLATFORMI ili putem NEOSTAR PLATFORME smatra se razlogom za suspenziju pružanja usluga NEOSTARA.

Ovim ograničenjem ne ograničava se UGOVORNOM KORISNIKU nuđenje usluga/proizvoda pod povoljnijim uvjetima putem drugih kanala, budući da se, jedinstvenošću ponude usluga/proizvoda na NEOSTAR PLATFORMI, želi osigurati prepoznatljivost i transparentnost te korisnicima usluga NEOSTAR PLATFORME omogućiti „one-stop-shop“ rješenje, pridonoseći time unaprjeđenju načina pružanja odnosnih roba i/ili usluga, promicanju tehnološkog i/ili gospodarskog razvoja, pružajući time korisnicima usluga NEOSTAR PLATFORME razmjernu korist. Stoga se teži jedinstvenosti cijene, ali bez njezinog nametanja, a sve u skladu s tržišnim uvjetima i pravilima slobodne tržišne utakmice.

NEOSTAR ni na koji način neće stavljati jednog UGOVORNOG KORISNIKA u povoljniji položaj na NEOSTAR PLATFORMI u odnosu na nekog drugog UGOVORNOG KORISNIKA.

Posebni ugovorni uvjeti

a)       Uvjeti pod kojima UGOVORNI KORISNICI mogu raskinuti ugovorni odnos s NEOSTAROM u svezi pružanja usluga putem NEOSTAR PLATFORME:

Ugovor o poslovnoj suradnji prestaje zadnjeg dana kalendarskog mjeseca koji slijedi kalendarski mjesec u kojem je Ugovor stupio na snagu. UGOVORNI KORISNICI mogu obavijesti NEOSTAR o otkazu Ugovora o poslovnoj suradnji prethodnom pisanom Obavijesti o Otkazu poslanom najmanje 72 (sedamdeset i dva) sata prije datuma isteka Ugovora o poslovnoj suradnji.

Sukladno uvjetima koji proizlaze iz Ugovora o poslovnoj suradnji:

  • jednostrano od strane UGOVORNOG KORISNIKA, uz prethodnu pisanu obavijest o otkaznom roku u trajanju od najmanje 24 (dvadeset i četiri) sata, u slučaju:

ü    kršenja Ugovora o poslovnoj od strane NEOSTARA,

ü    Nepridržavanje uvjeta iz Priloga 1 Ugovoru o poslovnoj suradnji;

ü    Nepridržavanje uvjeta iz Priloga 2 Ugovoru o poslovnoj suradnji.

b)       Opis tehničkog i ugovornog pristupa, ili nepostojanja takvog pristupa, informacijama koje je pružio ili generirao poslovni korisnik, a koji oni zadržavaju nakon isteka ugovora između pružatelja usluga internetskog posredovanja i poslovnog korisnika:

Nakon prestanka poslovnog odnosa koji je predmet Ugovora o poslovnoj suradnji, osobne i poslovne podatke koje je dobio od UGOVORNOG KORISNIKA NEOSTAR će vratiti UGOVORNOM KORISNIKU na „trajnom mediju“ odnosno „trajnom nosaču podataka“ (npr. čvrsti disk, memory stick i sl.).

NEOSTAR ima pravo pohraniti i čuvati kopije osobnih i poslovnih podataka koje je dobio od UGOVORNOG KORISNIKA i nakon prestanka poslovnog odnosa koji je predmet ovog Ugovora, ali samo i isključivo u skladu sa zakonskim ovlaštenjima i pravima koja za NEOSTAR proizlaze iz Ugovora o poslovnoj suradnji i Općih uvjeta NEOSTAR.

Pristup podacima

Opis tehničkog i ugovornog pristupa, ili nepostojanja takvog pristupa, poslovnih korisnika osobnim podacima ili drugim podacima, ili i jednima i drugima, koje poslovni korisnici ili potrošači daju u svrhu upotrebe dotičnih usluga internetskog posredovanja ili koji su nastali pri pružanju tih usluga:

U svezi pristupa osobnim podacima od strane NEOSTARA u pogledu osobnih podataka koje UGOVORNI KORISNICI ili potrošači daju u svrhu upotrebe NEOSTAR PLATFORME ili koji su nastali pri pružanju usluga NEOSTAR PLATFORME, te o dijeljenju istih, NEOSTAR upućuje UGOVORNOG KORISNIKA na odredbe Općih uvjeta NEOSTAR, primarno poglavlja Uvjeti korištenja „Izjava o privatnosti“ i Uvjeti korištenja „Intelektualno vlasništvo“ sadržane u Općim uvjetima NEOSTAR.

U svezi pristupa osobnim podacima od strane NEOSTARA u pogledu osobnih podataka koje su UGOVORNI KORISNICI dali u vezi sa svojom upotrebom NEOSTAR PLATFORME ili koji su nastali pri pružanju usluga NEOSTAR PLATFORME tom UGOVORNOM KORISNIKU i potrošačima njegove robe ili usluga, te o pristupu istima, NEOSTAR upućuje UGOVORNOG KORISNIKA na odredbe Općih uvjeta NEOSTAR, primarno poglavlja Uvjeti korištenja „Izjava o privatnosti“ i Uvjeti korištenja „Intelektualno vlasništvo“ sadržane u Općim uvjetima NEOSTAR.

Interni sustav rješavanja pritužbi

NEOSTAR, u skladu s Uredbom 2019/1150 ustanovljava interni sustav rješavanja pritužbi UGOVORNIH KORISNIKA pod niže navedenim uvjetima.

UGOVORNI KORISNIK ima pravo podnošenja izravne pritužbe NEOSTARU u pogledu sljedećih pitanja:

-          navodne neusklađenosti NEOSTARA s bilo kojom obvezom utvrđenom u Uredbi 2019/1150 koja utječe na UGOVORNOG KORISNIKA koji podnosi pritužbu (nadalje: PODNOSITELJ PRITUŽBE);

-          tehničkih problema koji se izravno odnose na pružanje usluga NEOSTARA te koji utječu na PODNOSITELJA PRITUŽBE;

-          mjera koje poduzima NEOSTAR ili postupanja NEOSTARA koje se izravno odnosi na pružanje usluga NEOSTAR PLATFORME te koje utječe na PODNOSITELJA PRITUŽBE;

PODNOSITELJA PRITUŽBE može podnijeti pritužbu iz gore navedenih razloga u pisanom i to putem pošte na adresu: NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Goricaili na adresu e-pošte: support@neostar.com.

O podnesenim pritužbama pravorijek će donositi tijelo koje će se sastojati od 3 (tri) člana, od kojih će najmanje 1 (jedan) član biti iz odjela pravnih poslova NEOSTARA i 1 (jedan) član iz odjela tehničke podrške NEOSTAR PLATFORME.

NEOSTAR će u roku od 15 (petnaest) dana od dana dostave pritužbe, ispitati pritužbu i poduzeti sve potrebne mjere primjerene pojedinom slučaju radi rješavanje pritužbe.

NEOSTAR će razmatrati uredno podnesene pritužbe i daljnje mjere koje će možda trebati poduzeti u vezi s pritužbom kako bi se na odgovarajući način riješio nastali problem. Pri tome ukoliko su pritužbe PODNOSITELJA PRITUŽBE neutemeljene ili pretjerane NEOSTAR ima pravo odbiti postupiti po takvoj pritužbi.

NEOSTAR će nastojati rješavati pritužbe PODNOSITELJA PRITUŽBE u razumnom roku poštujući načela transparentnosti i jednakog postupanja u jednakim situacijama, na način koji je razmjeran njihovoj važnosti i složenosti.

NEOSTAR će obavijestiti PODNOSITELJA PRITUŽBE u pisanom obliku, uz primjenu jednostavnog i razumljivog jezika, o ishodu internog postupka rješavanja pritužbe PODNOSITELJA PRITUŽBE po rješavanju njegove pritužbe, na adresu e-pošte ili adresu PODNOSITELJA PRITUŽBE navedenu u samoj pritužbi.

Postupanje NEOSTARA prilikom rješavanja pritužbi UGOVORNIH KORISNIKA je besplatno.

Najmanje jednom godišnje NEOSTAR će objaviti i/ili ažurirati informacije koje obuhvaćaju ukupan broj podnesenih pritužbi, glavne vrste pritužbi, prosječno vrijeme potrebno za obradu pritužbi i agregirane informacije u vezi s ishodom pritužbi.

U slučaju nezadovoljstva rješenjem pritužbe PODNOSITELJ PRITUŽBE upućuje su u postupak mirenja, a sve u skladu o pravilima mirenja iz odjeljka „Mirenje“.

Mirenje

NEOSTAR kako bi pokušao postići dogovor s UGOVORNIM KORISNIKOM u pogledu postizanja izvansudske nagodbe u bilo kakvim sporovima između NEOSTARA i UGOVORNOG KORISNIKA nastalima u vezi s pružanjem usluga NEOSTAR PLATFORME, uključujući pritužbe koje nije bilo moguće riješiti putem internog sustava rješavanja pritužbi, ovime određuje dva ili više miritelja s kojima je spreman surađivati:

  1. Babić dr. sc. Davor, profesor, Pravni fakultet Sveučilišta u Zagrebu, Ćirilometodska 4, Zagreb;
  2. Nagy Tomislav, Odvjetnički ured Nagy, Preradovićeva 10, Zagreb
  3. Petrović dr. sc. Siniša, profesor, Pravni fakultet Sveučilišta u Zagrebu, Trg Republike Hrvatske 14, Zagreb;

Gore navedeni miritelji ispunjavaju sve zahtjeve predviđene člankom 12. stavkom 2. Uredbe 2019/1150 (podaci sukladno Listi arbitara u postupcima sa i bez međunarodnog obilježja pred Stalnim arbitražnim sudištem pri Hrvatskoj gospodarskoj komori, potvrđenoj na Skupština Hrvatske gospodarske komore na 3. sjednici 11. prosinca 2019. godine).

Postupak mirenja je dobrovoljan te su NEOSTAR I UGOVORNI KORISNIK dužni svim pokušajima mirenja pristupiti u dobroj vjeri.

Bilo koji pokušaj postizanja dogovora putem mirenja o rješavanju spora u skladu s ovim člankom ne utječe na prava NEOSTARA i dotičnog UGOVORNOG KORISNIKA da pokrenu sudske postupke u bilo kojem trenutku prije, tijekom ili nakon postupka mirenja.

Postupak mirenja počinje prihvatom prijedloga za provođenje postupka mirenja. Druga se stranka o prijedlogu za provođenje mirenja mora izjasniti u roku od 15 (petnaest) dana od dana kada je primila prijedlog za provođenje mirenja.

Ako se druga stranka o prijedlogu za provođenje mirenja ne izjasni u roku iz prethodnog stavka ovoga članka, smatrat će se da je prijedlog za mirenje odbijen.

Stranke imenuju miritelje na način da se iz popisa miritelja s kojima je NEOSTAR spreman surađivati nasumičnim izborom odabire jedan izmiritelj.

Mirenje se provodi na način da prvo UGOVORNI KORISNIK iznosi svoje argumente, na koje onda odgovara NEOSTAR. Zatim svoje argumente iznosi NEOSTAR te na njih odgovara UGOVORNI KORISNIK. Po završetku iznošenja argumenata stranke saslušavaju izmiritelja koji predlaže sadržaj nagodbe u skladu s iznesenim argumentima i odgovorima na iste svih sudionika u postupku mirenja.

Izmiritelj se u postupku mirenja može sastajati sa svakom od stranaka odvojeno, te može informacije i podatke koje je primio od jedne stranke prenijeti drugoj stranci samo uz njezin pristanak

Mirenje je dovršeno:

–        ako je jedna stranka uputila drugim strankama i izmiritelju pisanu izjavu o odustajanju od postupka mirenja, osim ako u postupku nakon odustajanja jedne stranke sudjeluju dvije ili više stranaka koje su voljne mirenje nastaviti,

–        ako su stranke uputile izmiritelju pisanu izjavu o dovršetku postupka,

–        odlukom izmiritelja da se postupak mirenja obustavlja, donesenom u pravilu nakon što je o tome strankama bila dana mogućnost da se izjasne, a zbog toga što daljnje nastojanje da se postigne mirno rješenje spora više nije svrhovito,

–        ako se nagodba ne sklopi u roku od 60 (šezdeset) dana od početka mirenja,

–        sklapanjem nagodbe.

Nagodba sklopljena u postupku mirenja obvezuje stranke koje su ju sklopile.

Ako su nagodbom stranke preuzele određene obveze, one su ih dužne pravodobno izvršiti te se tada takva nagodba smatra ovršnom ispravom.

Svi sudionici postupka mirenja, uključujući i izmiritelja, dužni su držati povjerljivim sve informacije i podatke za koje saznaju tijekom postupka mirenja.

U sudskom, arbitražnom ili drugom postupku nije dopušteno davati izjave, predlagati dokaze ili podnositi drugi dokaz u bilo kojem obliku, ako se takav dokaz odnosi na:

–        činjenicu da je jedna od stranaka predlagala ili prihvatila mirenje,

–        izjave o činjenicama ili prijedlozima koje su stranke u postupku iznosile,

–        priznanje zahtjeva ili činjenica izvršeno tijekom postupka, ako takva očitovanja nisu sastavni dio nagodbe,

–        isprave koje su pripremljene isključivo za potrebe postupka mirenja, osim ako je zakonom utvrđeno da je njihovo iznošenje nužno radi provedbe ili ovrhe sklopljene nagodbe,

–        spremnost stranaka da tijekom postupka prihvate iznesene prijedloge

–        i druge u postupku iznesene prijedloge.

Iznimno, podaci i informacije iz prethodnog stavka ovoga članka se u postupku pred arbitražom, sudom ili drugim državnim tijelom mogu otkriti ili upotrijebiti u dokazne svrhe samo:

–        ako je to nužno zbog zaštite javnog poretka i samo pod uvjetima i u opsegu koji zahtijeva zakon, ili

–        ako je to potrebno za provedbu ili ovrhu nagodbe.

Izmiritelj i osobe koje sudjeluju u postupku mirenja u bilo kojem svojstvu, ne mogu biti prisiljene svjedočiti u arbitražnom, sudskom ili bilo kojem drugom postupku vezano za informacije i podatke koji proizlaze iz postupka mirenja ili su s njim povezani.

Svatko tko postupi suprotno odredbama iz ovog članka odgovara za štetu koja time nastane.

Pokretanjem postupka mirenja zastara se prekida.

Ako se postupak mirenja okonča bez zaključenja nagodbe, smatra se da prekida nije bilo, osim ako u roku od 15 (petnaest) dana od dovršetka mirenja, stranke podnesu tužbu ili poduzmu drugu radnju pred sudom ili drugim nadležnim tijelom. U tom slučaju će se smatrati da je zastara prekinuta trenutkom pokretanja postupka mirenja.

NEOSTAR snosi razuman udio ukupnih troškova mirenja u svakom pojedinačnom slučaju. Razuman udio tih ukupnih troškova određuje se, na temelju prijedloga miritelja, uzimajući u obzir sve relevantne elemente predmetnog slučaja, osobito relativnu osnovanost tvrdnji stranaka u sporu, ponašanje stranaka te veličinu i financijsku moć stranaka u međusobnom odnosu.