One-sided break of the agreement
Only the Buyer who has entered into the Distance Contract in the manner described above, has the right, without giving reasons, to unilaterally terminate the contract within 14 days. The period of 14 days begins to run from the day when the goods that are the subject of the contract are handed over to the Buyer or a third party designated by the Buyer, who is not the carrier / supplier. If the Buyer has ordered several pieces of goods to be delivered separately with one order or if the goods are delivered in several pieces or more shipments, the deadline starts from the day when the last piece or the last shipment of goods is handed over.
If the Seller does not notify the Buyer of this right, the Buyer’s right to unilateral termination of the contract terminates within 12 months of the expiration of the termination period (12 months begins after the expiration of 14 days provided for regular termination in case of proper notice). If, on the other hand, the notice of the right to unilateral termination is submitted within 12 months, the right to unilateral termination shall cease upon the expiration of a period of 14 days from the day when the Buyer receives that notice.
The Buyer is obliged to inform the Seller about its decision to terminate the contract before the expiration of the term for unilateral termination via the Form for unilateral termination of the contract which is available here and which can be filled in electronically and sent to email@example.com. Acknowledgment of receipt of notice of unilateral termination of the contract, the Seller will provide, without delay, by e-mail.
The seller can also be notified via the Online form for unilateral termination of the contract, which is available on our website. After completing and submitting the form, you will receive a confirmation of receipt of the application by e-mail to the e-mail address you provided when completing the Online form for unilateral termination of the contract.
If you unilaterally terminate this Agreement, we will refund the money we received from you, including shipping costs, without delay, and no later than 14 days from the date we received your decision to unilaterally terminate the Agreement. The costs of returning the goods are borne by the Buyer. The refund will be made in the same way as you made the payment. We can refund only after the goods are returned to us or after you provide us with proof that you have sent the goods back to us. You are obliged to return the goods to us immediately, and no later than within 14 days from the day when you sent us your decision on unilateral termination. Return the goods by mail in a verifiable manner to the address DestrA d.o.o., 32100 Vinkovci, Duga ulica 10. It is considered that you have fulfilled your obligation on time if before the expiration of the above deadline you send the goods in a verifiable manner (registered with shipment). You are responsible for any impairment of the goods resulting from the handling of the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods. If the returned product is defective, with major damage or without parts and documentation, and if it is not delivered within a subsequent period of 8 days, it is considered that the Buyer has not fulfilled its obligation to return the goods, and the Seller is not obliged to refund.
The buyer is not entitled to unilateral termination of the contract if:
- the Seller has fully fulfilled the service contract, and the fulfillment has begun with the explicit prior consent of the Buyer, and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section;
- the subject of the contract for goods or services whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the term of the Buyer’s right to unilateral termination of the contract;
- the subject of the contract is goods that are made according to the Buyer’s specification or that are clearly tailored to the Buyer.;
Responsibility for material defects and returns
The seller is responsible for material defects of the items he sells on his website in accordance with the positive regulations of the Republic of Croatia, especially the Civil Obligations Act.
The products may slightly deviate in weight / volume / dimensions from the stated weight / volume / dimensions of the product. The seller, who sells a finished product of another manufacturer and cannot influence the above, disclaims responsibility for such deviations. The customer, by ordering the product and confirming it, accepts the stated risk.
The ordered products are packaged in such a way that they are not damaged by the usual handling in transport / delivery.
In the event that the shipment is damaged in transit, such damage is visible when picking up the shipment, in which case we suggest that the shipment is not picked up by the Buyer. We ask customers to contact us in order to check the status of the shipment as soon as possible and send a new one.
Upon receipt of the goods, the correctness of the order depends on the buyer, and the buyer is obliged to compare the received items with the invoice, if something is missing, he is obliged to immediately send a written complaint / complaint because subsequent complaints will not be considered.
In case of a visible lack of product when picking up the shipment, the Buyer is not obliged to pick up the delivered product, may refuse receipt, and does not bear the cost of delivery of such product. It is considered that the products that were duly received by the Buyer did not have a visible defect. The buyer has the right to complain in relation to material defects within the deadlines and for reasons prescribed by the provisions of the Law on Obligatory Deadlines. The buyer can send a written complaint or complaint to the e-mail firstname.lastname@example.org, send a fax to 032 309 192, by phone to 032 309 192 or in writing to: DestrA doo, 32100 Vinkovci, Duga ulica 10, with the indication Complaint.
In order to determine as soon as possible the specific order to which the Customer has a complaint, the Customer is asked to state the order number, account number or username in the complaint.
The buyer has the right to a justified complaint and to return the goods in the following cases:
- delivery of goods not ordered
- delivery of goods that have a defect or damage that did not occur during transport
If the product has a hidden defect (the defect that could not be detected by the usual inspection when taking over the goods) which the Buyer determines after opening the product – the Buyer has the right to unilaterally terminate the contract and refund, replace the product, eliminate the defect or reduce the price.
The seller will otherwise consider the complaint valid if the product inspection determines that it meets the conditions for a complaint in accordance with the Civil Obligations Act and the Consumer Protection Act. In this case, within 15 days of receiving a valid complaint, they will replace the product or refund the full amount paid upon termination of the contract. If, on the other hand, it finds that the complaint is not valid, ie if it rejects the complaint, it will notify the Buyer within 15 days from the day of receipt of the complaint.
The Seller will accept the return of damaged, defective or incorrectly delivered goods at its own expense, if it is determined that the complaint is justified and that the Buyer has not affected the correctness, damage or any defect of the goods.
In the event of a justified complaint, the cost of replacement with a new product is borne entirely by the Seller.
In the event that the Buyer decides to replace the correct product, the Seller will make a replacement if the product is undamaged, unused or in any other way not impaired. In that case, the Buyer shall bear the costs of returning and resending the goods.
Online argument settlement
By a special regulation of the European Union, from 15 February 2016, throughout the EU, disputes related to online shopping can be resolved through a platform that you can access here.
This means that if you encounter a problem during an online purchase within the EU (defective product, inability to replace the product, etc.) you can submit your complaint at the link above.
The platform can be used by both consumers and traders, and complaints can be lodged in any of the 23 official EU languages.
The contract concluded by the Buyer with the Seller is a one-time contract for the distance sale of products which is consumed by the delivery of goods and payment made by the Buyer, in the event that it is not terminated. These Terms of Purchase (Pre-Contract Notices) are an integral part of the contract.