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GENERAL TERMS AND CONDITIONS OF BUSINESS

MOJO Rental South East Europe d.o.o.

REGISTERED OFFICE / ADDRESS: Radnička cesta 173, 10000 Zagreb, Croatia

COMPANY REG. NO.: 081515424 VAT ID (OIB): 98788918659

COMPETENT COURT: Commercial Court in Zagreb

SHARE CAPITAL: EUR 3,000.00, fully paid

FOUNDERS / MEMBERS: Zoran Biškupić & EVAGO INFRASTRUCTURE GMBH, Germany

IBAN: RBA HR08 2484 0081 1353 3243 7 SWIFT (BIC): RZBHHR2XXXX

Definition of Terms

• Contractor – MOJO Rental South East Europe d.o.o., the service provider.
• Client – A natural or legal person ordering and receiving services.
• Service – Contractor on the request of the client can provide the following services: technical support for events and weddings, equipment rental (lights, audio, video, event), creation of scenography solutions, logistics (storage, transport, manipulation and distribution). 
• Offer – Proposal or bill of quantities or any written trace which includes description and value of the service. 

These General Terms and Conditions (later in the text Terms) are accepted by all users (later in the text Clients) of services of the company MOJO Rental South East Europe d.o.o. (later in the text Contractor) through the Client accepting the offer from the Contractor as well as the conclusion of a service contract between the Contractor and the Client. The Contractor reserves the right to supplement, erase or change the provisions of the Terms at any time, without prior notice. The updated terms and conditions are in effect from their publication on the website of the Contractor (www.mojorental.hr), and will be applied to offers of the Contractor which will be accepted by the Client, as well as to service contracts which will be concluded, after the publication of the updated terms and conditions. 

Scope of the Terms

• Service of technical support for events and weddings, rental of equipment (lights, audio, video, event), creation of scenography solutions, logistics (storage, transport, manipulation and distribution). 
• All other services the Contractor provides for the Client, for which the Contractor has a registered business subject with the competent commercial court and which the Contractor can provide for the Client at request (later in text all together: Services). 

These General Terms and Conditions also refer to the offer of the Contractor (later in text: Offer), as well as the contractual relationship formed by the Client accepting the offer, along with all written contracts the Contractor concludes with the Client (later in the text: contracts) and therefore form part of the created contractual relationships. 

ESTABLISHMENT OF THE CONTRACTUAL RELATIONSHIP

The Contractor delivers the Offer to the Client with all information about the service and prices in euros (EUR) with tax included. The moment the Offer is accepted in writing by the Client, the Contractual relationship is formed. With the formation of the Contractual relationship, these Terms are in effect. 

Apart from the Contractual relationship that forms with the Client’s acceptance of the offer, the Contractor can also form a written Business cooperation contract or Service contract with the Client, for which these terms and conditions also apply. 

In the case of conflict between these General Terms and Conditions and provisions of concluded contracts, their additions and any other contractual statements, these Conditions apply. 

Upon delivery and acceptance of an Offer, i.e. signing a Contract, the Client is made aware of these Terms, and it is furthermore assumed the Client fully understands and accepts them. 

The General Terms and Conditions are available on the Contractor’s website. 

DATA PROTECTION AND CONFIDENTIALITY

The Contractor obliges to keep any information relating to the Client and their business which was acquired during the realization of the Contract as a trade secret for the duration of the Contract and for an unlimited time after that. 

The Contractor will use the acquired personal information provided by the Client exclusively for purposes laid out in the Contract with the Client. The Contractor will use personal information for purposes of identification, communication, providing information and fulfilling their legal obligations. The Contractor will in no way make the Client’s information available to third parties. 

The Contractor is not responsible for any personal data breaches from the side of the Client, and compensation for damages to a third party due to such a breach of personal data shall be borne solely by the Client.

PRICING AND PAYMENT TERMS

The Contractor states that service prices will be formed according to a previously accepted offer. 

For services and jobs which are not included in the offer, but which the Contractor will provide for the Client based on a written request made beforehand by the Client, the prices will be separately determined for each individual job. 

The Contractor provides the Client with an electronic receipt for the services provided, with specifications of services provided as well as the due date by which the Client must provide payment. The payment deadline is 30 days post invoice delivery. If an advance payment for providing certain services or doing certain jobs is agreed upon in the contract with the Client, the Contractor is not obliged to start providing the services or doing the jobs until the advance payment is visible in the Contractor’s bank account. 

The Contractor will deliver all receipts to the Client via email, and the Client is responsible for ensuring the accuracy and availability of their email address. 

CONTRACTOR RESPONSIBILITIES 

The Contractor obliges to provide services professionally, qualitatively and conscientiously, in accordance with the rules of the profession and with the care of a good businessman. 

The Client agrees that no guarantees are offered regarding the progress of the work, the timeline, the deadlines for completion, or any other time-sensitive agreements. 

The Contractor will not answer for any damage done as a result of technical difficulties while providing services or due to any other reasons for damages, apart from the damage done with intent or by extreme negligence of the Contractor. The Contractor is not responsible for electrical issues or faulty wiring that is not part of their equipment nor for events with the character of force majeure. 

FORCE MAJEURE

Contracting parties will not be held responsible for failing to fulfil their contractual obligations if the execution inability is a result of force majeure – an event out of the control of the contracting parties and independent of their will, which directly impacts execution of contractual obligations from the Contract and whose presence isn’t a result of negligence from any of the contracting parties. 

The contractual party impacted by a force majeure event is obligated to immediately, or at the latest within 48 hours inform the other contractual party in written form, noting the cause and providing corresponding evidence of the presence of force majeure.

CLIENT RESPONSIBILITIES

The Client is obliged to use the services and equipment responsibly. 

For the duration of using the Contractor’s services, the Client is required to keep or organize the keeping of equipment safe from intentional damage, theft and other actions due to which damage might be done to the rented equipment. 

If the Client independently takes over the rented equipment from the Contractor, they are obliged to take it over and return it in the same condition and number, all based on a mutually signed document on the takeover and return of the equipment. 

The Client is responsible for providing timely and unobstructed access to the assembly location, as well as an adequate number of electrical outlets at the location where the Contractor’s services will be used. 

REFERENCE USE

The Client agrees that the Contractor may use the performed Service for their own references for the purpose of promoting its own services. 

END OF CONTRACTUAL RELATIONSHIP AND CANCELLATION 

The contractual relationship is, as a rule, formed for a definitive amount of time defined by the Offer whose acceptance results in the forming of a contractual relationship, or the Contract. 

The contracting parties can cancel the Contract by sending the other party a contract cancellation in writing, either via registered mail to the address of the contractual parties’ headquarters or via email to the Contractor (kontakt@mojorental.hr) and the Client. 

In case of cancellation of the order or change of the initial date of the order, the Contractor reserves the right to collect the already paid advance and the actual costs that have been incurred up to that point, which includes the cost of transportation, accommodation or the creation of specific products/arrangements. 

In case of cancellation of the order or change of the initial date of the order within 14 to 7 days prior to the date of the event, the Contractor reserves the right to collect 80% of the contracted order price. 

In case of cancellation of the order or change of the initial date of the order less than 7 days before the date of the event, the Contractor reserves the right to collect 100% of the contracted order price. 

If the Client does not settle the due obligations for paying monthly installments on the basis of the invoice issued for the Service provided within 30 days, the Contractor has the right to suspend any further fulfillment of their obligations from that business relationship without special written notice to the Client. 

The Contractor reserves the right to refuse or terminate the provision of further services, if they deem it necessary. In this case, all funds paid for the provision of the service, minus the costs incurred up to that point and the compensation due up to that point, will be returned to the Client's account. The Contractor may cancel the Service for any reason they consider to be justified, including poor cooperation from the Client and delays in handing over materials to the Contractor beyond reasonable deadlines. 

COURT JURASDICTION AND DISPUTE RESOLUTION 

The contracting parties agree that all potential disputes will attempt to be resolved by agreement, and in the event that an amicable solution is not possible, they agree that the dispute will be resolved before the competent court in Zagreb, applying Croatian law, which the Clients accepted as applicable by accepting the offer or concluding a contract with the Contractor. 

FINAL PROVISIONS

The Terms form the entirety of the agreement between contracting parties. All statements, testimonials, promises and conditions not included in the Terms will not be considered as in any way disputing, changing or impacting the provisions of the contractual relationship. 

The Terms replace any verbal, electronic or written agreements up to this point, apart from certain Services which are specifically agreed upon with a written contract. 

The Client confirms that prior to forming a contractual relationship, the Contractor has made them aware of all useful information about the services provided by the Contractor. 

ONLINE BUSINESS AND WEB SHOP

1. USE OF WEBSITE

By using the website, the Client accepts the Terms. 

All content, data and information published on the website are of an informative nature and do not represent the offer within the meaning of the Obligations Act. 

The Contractor reserves the right to change the content of the website without prior notice.

2. TERMS OF PURCHASE 

When ordering certain equipment and/or services, the Client does not need to register as a user of the website. 

The Client can browse the equipment and/or services through the menu, which is split into categories, or by using the search function. 

After browsing, the Client chooses the equipment and/or services and puts them into a virtual “basket” which represents the order. 

After assembling the order, the Client needs to leave their personal information, rental information and an address if necessary for delivery so that the Contractor can, based on the order and other necessary information, put together and deliver an Offer to the Client via email. 

The Client then accepts the offer along with the General Terms and Conditions, therefore completing the order. 

3. ORDERING AND CONCLUDING A DISTANCE CONTRACT  

The Contract between the Client and the Contractor through the website is deemed concluded when the Client accepts the offer electronically or makes a payment through offered means. 

The order confirmation is delivered to the Client via email and is considered confirmation of the conclusion of a distance contract within the meaning of the Civil Obligations Act, the Electronic Commerce Act and the Consumer Protection Act. 

4. PRICING AND PAYMENT

The prices of equipment and services are not stated in the basket on the website. After the Client puts together an order and the Contractor receives it, the Contractor states the prices in the Offer sent to the Client for acceptance. 

Payment is not made via the website. After the Client accepts the Offer, payment will be made in accordance with the General Terms and Conditions of the Contractor, which the Client accepted together with the submitted Offer. 
 

5. SHIPPING AND DELIVERY

While ordering equipment and/or services, within the basket the Client can choose a delivery service through one of the offered means provided by the Contractor or the Client can pick up and return the equipment themself, whereby the rules on Client Liability from the General Terms and Conditions of the Contractor apply.

6. CANCELLATION

The contractual relationship is generally concluded for a fixed period of time with the duration defined by the Offer, which, upon acceptance, leads to the creation of the Contractual Relationship, i.e. the Contract. 

The contracting parties can cancel the order by sending the other party an order cancellation in writing, either via registered mail to the address of the contractual parties’ headquarters or via email to the Contractor (kontakt@mojorental.hr) and the Client. 

In case of cancellation of the order or change of the initial date of the order, the Contractor reserves the right to collect the already paid advance and the actual costs that have been incurred up to that point, which includes the cost of transportation, accommodation or the creation of specific products.

In case of cancellation of the order or change of the initial date of the order within 14 to 7 days prior to the date of the event, the Contractor reserves the right to collect 80% of the contracted order price. 

In case of cancellation of the order or change of the initial date of the order less than 7 days before the date of the event, the Contractor reserves the right to collect 100% of the contracted order price. 

For everything that is not regulated by these provisions on Cancellation, the provisions from the General Terms and Conditions of the Contractor - Termination of the contractual relationship and cancellation shall apply. 

7. CLIENT RIGHTS AND CONTRACT TERMINATION

The Client has the right to unilaterally terminate the contract within 14 days from the date of conclusion of the contract, without giving a reason. 

In case of contract termination, the Contractor maintains the right to collect the actual costs that have been incurred up to that point, which includes the cost of transportation, accommodation, or the creation of specific products/arrangements. 

In case of contract termination within 14 to 7 days prior to the date of the event, the Contractor reserves the right to collect 80% of the contracted order price, regardless of the day the order was placed. 

In case of contract termination less than 7 days prior to the date of the event, the Contractor reserves the right to collect 100% of the contracted order price, regardless of the day the order was placed. 

Notice of contract termination is to be delivered via email to kontakt@mojorental.hr. 

The Contractor will refund the payments received without delay, and no later than 14 days after receiving the notice of termination. 

The return costs are borne by the Client.

8. COMPLAINTS AND OBJECTIONS

The Client has a right to submit a written complaint via email to kontakt@mojorental.hr or viy mail to the company's registered office address. 

The Contractor will confirm the reception of the complaint within 15 days and deliver a written reply with a suggested solution. 

In the event of a dispute, the Client has the right to submit a proposal for a peaceful resolution via the European Commission's online dispute resolution platform (https://ec.europa.eu/consumers/odr/). 

9. WARRANTIES AND LIABILITY FOR MATERIAL DEFECTS

The Contractor guarantees that all delivered services and equipment are in accordance with the contracted specifications. 

If a material defect occurs, the Client obliges to, without delay, and no later than 8 days from the date of discovery, notify the Contractor in writing. 

The Contractor will eliminate the defect, replace the equipment, or reduce the price, depending on the nature of the complaint.

10. DATA PROTECTION, COOKIES, AND COPYRIGHT

The Contractor processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Act on the Implementation of the General Data Protection Regulation. 

The data gathered through the website is used for communication, order processing, and enhancement of user experience. 

This website uses cookies to improve functionality. Users can manage cookie settings through their web browser. 

All content published on the website (text, photographs, logos, design) is the intellectual property of the Contractor and protected by copyright. Copying, distribution, or use without express written permission is prohibited.

FINAL PROVISIONS

These Terms are published on the Contractor’s website and enter into force on the date of publication. 

The Contractor reserves the right to change the Terms without prior notice. Changes will come into effect upon publication on the Website. 

For everything not regulated by these Terms, the provisions of the Civil Obligations Act, the Electronic Commerce Act, and the Consumer Protection Act apply.