The Terms and Conditions are part of the distance contract, in accordance with the Consumer Protection Act, concluded between POMA Studio, sole proprietorship for services, production, and commerce, owned by Jelena Rajčević, located at Vodovodna 9, 10000 Zagreb, Croatia, which offers its own products and services on the website peculiarpond.myshopify.com (hereinafter referred to as the Seller) and the natural or legal person purchasing the mentioned products and services (hereinafter referred to as the Buyer). When the Buyer makes the payment for the order, the contract between the Seller and the Buyer is considered concluded.

General information about the Seller:

POMA Studio, sole proprietorship for services, production, and commerce, owned by Jelena Rajčević
Vodovodna 9, 10000 Zagreb, Croatia
e-mail: info@peculiarpond.com

The Seller exclusively sells their physical products that are made to order, digital products, and services.

When purchasing goods and services from the Seller, the Buyer confirms that they are familiar with these Terms and Conditions and that they agree to them. The Seller has the right to change the Terms and Conditions at any time, and they are valid from the moment they are published on the website peculiarpond.myshopify.com. For each Buyer, the Terms and Conditions that were published on the website at the time of purchase are the ones that apply.

FOUNDING A BUSINESS RELATIONSHIP

Contracts are concluded via the internet through written communication between the Seller and the Buyer. Written communication includes correspondence between parties conducted through internet communication means, such as email, Facebook Messenger, Instagram Direct Messenger, etc., as well as services and applications like SMS messages, WhatsApp, Viber, and others. When purchasing a product or ordering a service, the Buyer is obligated to accurately provide all the necessary information for receiving the ordered product / service. The Seller is obligated to deliver the ordered and paid products or services under the conditions they offered to the Buyer. In the event of force majeure or extraordinary circumstances (natural disasters, system failures, illness...), the Seller is obligated to inform the Buyer about the delay in the reception of purchased products or services and to deliver them within the timeframe agreed upon with the Buyer. In the event of an inability to deliver the purchased products or services due to unforeseen circumstances beyond their control, the Seller is obliged to refund the Buyer.

PRODUCTS AND SERVICES OFFERED BY THE SELLER

Digital products

An outdoor escape room is a game that takes place in an open space, supported by a digital application. The Buyer gains access to the activation of the application by purchasing the product. The digital content of the application includes a narrative, puzzles, a map for navigation, and other information. The Buyer plays the game by following the instructions from the app and putting them in relation to the space they are moving in. The application is available for Android and iOS operating systems.

Physical products with digital elements

Tabletop murder mystery puzzle games have physical components that are delivered in an envelope to the Buyer’s address, while the digital elements are available on the website www.peculiarpond.com. The Buyer solves puzzles and the murder case by investigating various pieces of evidence and interviewing the suspects and enters the answers on the website.

PRODUCTS AND SERVICES PRICES

The prices of products are listed on the website peculiarpond.myshopify.com within the online store.

The prices of services are determined by the type of service and are expressed in the offer that is sent to the Buyer via email.

The prices of products and services are expressed without VAT because the sole proprietorship POMA Studio, owned by Jelena Rajčević, is not registered for VAT in accordance with paragraph 1 of Article 90 of the Value Added Tax Act. The Buyer, therefore, does not pay VAT on products and services purchased from the Seller.

Prices are displayed in euros (EUR) on the website peculiarpond.myshopify.com. Due to the geographical settings on the Buyer's device, prices may be displayed in a different currency. In this case, the price is expressed according to the applicable exchange rate at the time of price display.

The Seller reserves the right to change the price. The valid price of products is the one stated at the time of the order, while the valid price of services is the one stated in the submitted offer. The duration of the offer is stated in the offer.

TERMS OF ORDERING AND PAYMENT

Ordering and payment of products are carried out through the online store on the website peculiarpond.myshopify.com. The Buyer can order and pay for the products as a guest, meaning that user registration is not required for the purchase. When making a purchase, the Buyer is obliged to provide accurate necessary information for the delivery of goods, as well as the email address for sending the contract confirmation and invoice, and if necessary, any other information required for the use of the purchased products.

At the moment of placing the order, the Buyer confirms that they are familiar with and agree to these Terms and Conditions, as well as the prices stated in the online store.

In the online store, the following payment methods are available:
1. Card payment
2. PayPal payment.

After completing the payment on secure online payment pages, or through the PayPal service, the Buyer will receive an email confirming the contract and the invoice, along with any other necessary information required for using the purchased products. In case they had not received such an email, the Buyer needs to check their spam folder. If that is not the case either, and the funds have not been deducted from the Buyer's account, it means that the order was unsuccessful and the Buyer can repeat the order. If the Buyer's funds have been deducted from the account and they have not received a confirmation via email, the Buyer should contact the Seller at info@peculiarpond.com.

If the Buyer is ordering services, payment is made through a transaction deposit to the account specified in the offer.

DELIVERY TERMS

Delivery of physical products with digital elements is carried out by tracked post. Delivery is available in the countries listed within the online store on the website peculiarpond.myshopify.com. The delivery times are listed on the same pages.

At the moment of placing the order, the Buyer confirms that they are familiar with and agree to these Terms and Conditions, as well as the delivery times stated in the online store.

In the event of damage to the products during transport, the Buyer should notify the Seller via email at info@peculiarpond.com. If the damage is such that it diminishes the value of the product, that is, if the product itself is damaged in addition to the packaging, the Seller will send the replacement product at their own expense.

If the Buyer does not receive the product within the expected time, they are obliged to inform the Seller via email at info@peculiarpond.com. The Seller will, upon receiving the notification, initiate a search for the lost shipment or send the replacement product at their own expense.

Delivery of digital products is done via email, in the form of a code that is entered into the application. The Buyer will receive an email with the code and instructions upon purchasing the product. The mobile application, into which the customer can enter a code, can be downloaded and installed via the link on the website www.peculiarpond.com or through Google Play or the App Store at no charge. The installation of the application is possible on Android and iOS operating systems.

DURATION OF THE CONTRACT AND FUNCTIONALITY OF PRODUCTS WITH DIGITAL ELEMENTS

After purchasing physical products with digital elements and digital products, the Buyer can use them whenever they wish. Given the nature of the games, the same person can play each game only once, as after playing they will know all the solutions to the puzzles.

During the gameplay, certain components of tabletop murder mystery puzzle games are destroyed. For this reason, each copy of the game comes with spare components for an additional use of the game, so that the Buyer can pass the game on to other players.

Outdoor escape room games are activated by entering a code received upon purchasing the game into the app. The code is valid for one group of players until the end of a game, after which it becomes invalid, and the same code cannot be used to start a new game in the application.

The Seller preserves the right to remove the digital product from the mobile stores no earlier than 3 months after the digital product has been sold. The period of 3 months can be shorter in the case of force majeure or unforeseen circumstances. In the event of the removal of digital product, the Seller will notify all Buyers who have purchased the product in the last 6 months and who have a valid access code for the application, and will also post the same notice on the website www.peculiarpond.com. After the decision to remove the digital product, the Seller will take the specified product off the market, meaning that its purchase will be disabled.

The Seller preserves the right to remove the digital content no earlier than 6 months after the sale of physical products with digital elements. The period of 6 months can be shorter in cases of force majeure or unforeseen circumstances. In the event of the removal of the digital content, the Seller will notify all Buyers who have purchased said products in the last 6 months via email and will also post the same notice on the website www.peculiarpond.com. After the decision to remove the digital content, the Seller will take the specified product off the market, meaning it will no longer be available for purchase.

SAFETY AND DISPOSAL OF PRODUCTS

Digital products

Outdoor escape room games use a mobile application for Android and iOS operating systems. The application does not collect personal user data, nor does it have GPS tracking. The Buyer, by confirming these Terms and Conditions, acknowledges that they are fully responsible for their general safety, as well as traffic safety while playing the game.

Physical products with digital elements

Tabletop murder mystery puzzle games consist of physical components and digital elements. The physical components are made of paper and as such do not pose a risk in standard use. Aside from a few photographs, all other physical content including the envelope in which the shipment arrived can be disposed of in paper recycling bins and recycled. Digital elements are available on the website www.peculiarpond.com, which uses an SSL (Secure Sockets Layer) certificate.

DEFECTS IN PURCHASED PRODUCTS OR SERVICES

The Buyer has the right to express their dissatisfaction regarding the purchased products, the provided service, or the Seller's business dealings with the Buyer. Such a complaint is sent by the Buyer via email or by post. Upon receiving the complaint, the Seller is obliged to confirm the reception of the complaint via email or post and to respond within 15 days after receiving the complaint.

In accordance with the Law on Obligatory Relations, the Seller is responsible for material defects in the product if they were present at the time the risk was transferred to the Buyer, regardless of whether the Seller was aware of them. The Seller is responsible even if the defects appeared after the moment the risk was transferred to the Buyer, if they are a result of a cause that existed prior to said moment.

Material defects exists:
1. If the item does not match the provided description, type, quantity, and quality, meaning it lacks functionality, compatibility, interoperability, and other features as stipulated in the sales contract,
2. If the item is not suitable for any specific purpose for which the Buyer requires it and which the Buyer informed the Seller of no later than at the time of concluding the contract, and to which the Seller has given consent,
3. If the item does not match the quality and description of the sample or model that the Seller provided to the Buyer before the conclusion of the contract,
4. If the item does not match the quantity or lacks the properties and other characteristics, including those related to durability, functionality, compatibility, and safety, that are typical for items of the same type and that the Buyer can reasonably expect considering the nature of the item and taking into account all public statements made by the Seller, particularly in advertising or labeling.

The Buyer is obliged to inspect the received item in a customary manner and to notify the Seller of any visible defects within 8 days. If, after receiving the item, it turns out that it has a defect that could not be detected through a usual inspection at the time of reception of the product, the Buyer is obliged, under the threat of losing the right, to inform the Seller of this defect within 2 months from the day the defect was discovered. The Seller is not liable for defects that appear after two years from the delivery of the item.

The Buyer who has timely and properly notified the Seller of the defect is entitled to:
1. Demand the Seller to remove the defect,
2. Require the Seller to deliver another item free of defects,
3. Demand a proportional reduction in price, or
4. Declare the termination of the contract.

When exercising the right to demand the Seller to remove the defect, the Buyer has the right to choose between repair and replacement of the item, unless the chosen method of removing the defect is impossible or would result in disproportionate costs for the Seller compared to the other method of removing the defect. The Buyer has the right to a price reduction or contract termination only if the Seller has not removed the defect or if it is evident from the circumstances that they will not remove it within a reasonable time, and if the defect is serious enough to justify an immediate price reduction or contract termination. The costs of removing the defect and delivering another item without defects shall be borne by the Seller.

There may be slight differences in the representation of products on websites and the purchased item in terms of color shade. Such differences are not considered material defects, and the Buyer has no right to demand the Seller to remove the defect, request a replacement, reduce the price, or terminate the contract, and the Seller cannot be penalized.

In case of any shortcomings in the use of the application in outdoor escape room games, the Buyer is requested to inform the Seller. In the event that the deficiency is such that it prevents the use of the application, the Seller will, after verifying the validity of the Buyer’s complaint, refund the amount paid to the Buyer.

RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT BY THE BUYER

In accordance with the Consumer Protection Act, the Buyer has the right to unilaterally terminate the contract concluded between the Seller and the Buyer within 14 days without stating a reason. The period for unilateral termination is 14 days from the day the product or service that are the subject of the contract are delivered to the Buyer or a third party designated by the Buyer, who is not the carrier.

In order to exercise the right to unilateral termination of the contract, the Buyer must inform the Seller of their decision before the deadline, and this must be done through an unequivocal statement sent by post or email, in which they will provide their name, surname, address, phone number, or email address. They may also use a sample form for unilateral termination of the contract that can be found at this link.

The Seller is obligated to provide a confirmation of reception of the termination statement, which the Buyer will receive via email.

If the Buyer unilaterally terminates the contract, the Seller will refund the money received from the Buyer, including delivery costs, without delay and no later than 14 days from the day the Seller received the Buyer’s decision to unilaterally terminate the contract, unless the Buyer has chosen a different type of delivery that is not the cheapest standard delivery offered by the Seller. The refund will be processed in the same way the Buyer made the payment. In the event that the Buyer agrees to an alternative method of refunding the paid amount, they will not incur any costs related to the return.

The Seller can only refund the Buyer after the products have been returned to them or after the Buyer provides proof that the products have been sent back to the Seller. The Buyer must return the product without unnecessary delay, and no later than 14 days from the day they communicated their decision to unilaterally terminate the contract to the Seller. It is considered that the Buyer has fulfilled their obligation on time if they send or deliver the product to the Seller before the expiration of the aforementioned deadline. The Buyer must bear the direct costs of returning the product themselves.

The Buyer is responsible for any reduction in the value of the product resulting from handling the product, except for what was necessary to establish the nature, characteristics, and functionality of the product.

In accordance with Article 86, paragraph 1 of the Consumer Protection Act, the Buyer does not have the right to unilaterally terminate the contract in cases where:
1. The service contract is fully, and the fulfillment has begun with the explicit prior consent of the Buyer and with their confirmation that they are aware of the fact that they will lose the right to unilateral termination of the contract if the service is fully completed,
2. The subject of the contract is a product whose price depends on changes in the financial market that are beyond the Seller's control, which may occur during the period of the Buyer's right to unilaterally terminate the contract,
3. The subject of the contract is goods that are made according to the specifications of the Buyer or that are clearly tailored to the Buyer,
4. Subject of the contract delivery of digital content for which the Buyer undertakes to pay the price, which has not been delivered on a material data carrier, if the performance of the contract has begun with the explicit prior consent of the Buyer and with his confirmation that he is aware that he will lose the right to unilateral termination of the contract, and the Seller has provided him with confirmation of the concluded contract.

In accordance with point 4, by confirming these Terms and Conditions, the Buyer acknowledges that by entering the code received upon purchasing the outdoor escape room game into the mobile application, the fulfillment of the contract begins, and the Buyer loses the right to unilaterally terminate the contract.

USING COMMENTS AND REVIEWS FOR MARKETING PURPOSES

Any comment or review left by the Buyer on any of the Seller's social media channels or on sales pages may be used for marketing purposes on the website www.peculiarpond.com or elsewhere to promote the Peculiar Pond brand. By confirming these Terms and Conditions, the Buyer acknowledges that if they have left such content, it is considered that they agree to its use for the stated purposes.

DISPUTE RESOLUTION

The Buyer has the right to file a complaint in the manner specified in the chapter "Defects in Purchased Goods or Services." In the event of a dispute, the Seller and the Buyer will seek to resolve it through a peaceful out-of-court agreement.