Revealed Enterprise d.o.o. (hereafter: the Seller) is responsible for material deficiencies of products up to the moment of transfer of risks to the buyer (the moment of handing items over to the buyer or any third person designated by the buyer, except the delivery service), regardless of whether the material deficiency was known to the Seller or not. Also, the Seller is responsible for those material deficiencies that arose after the risk has been transferred to the buyer if they were a consequence of pre-existing causes.
When, upon the receipt of an item by the buyer, it turns out that the item has a deficiency that could not be discovered by usual inspection at the time of delivery, the buyer must, under threat of loss of their rights, inform the Seller about such a deficiency within two months, counting from the date when the deficiency was discovered.
The Seller is not responsible for deficiencies that arise more than two years after the item delivery. The rights of the buyer who informed the Seller in a timely manner about the existence of such deficiencies expire after two years, starting from the date when such information was sent to the Seller, except in cases when the buyer was prevented from exercising their right because of the Seller’s fraud.
When the existence of a material deficiency is established, the Seller might have one of the following obligations, all in accordance with the Civil Obligations Act (Zakon o obveznim odnosima):
- removal of the deficiency
- deliverance of another product without the deficiency
- price discount
- agreement termination
Rights arising out of any material deficiency of an item are regulated by the Civil Obligations Act (Zakon o obveznim odnosima).
When the buyer is a legal entity, the regulations of material deficiencies from the Civil Obligations Act (Zakon o obveznim odnosima) apply, especially in parts where the material deficiency is regulated differently for legal persons, compared to regulations of these General Terms and Conditions, then the regulations from the Civil Obligations Act (Zakon o obveznim odnosima) apply.
RIGHT TO UNILATERAL AGREEMENT TERMINATION
In accordance with the Consumer Protection Act, in the case of online purchases, you can terminate the contract unilaterally within 14 days without giving a reason. The period of 14 days begins to run from the day when the consumer or a third party designated by the consumer, who is not a carrier, the product is handed over in possession.
In order to execute their rights regarding the unilateral agreement termination, the consumer must inform the Seller about their decision to unilaterally terminate the agreement in the term no later than 14 days, and with an unambiguous statement sent by mail to Revealed Enterprise d.o.o., Ulica Roberta Frangeša – Mihanovića 9, 10000 Zagreb, or by e-mail to shop@croatiarevealed.com, where the consumer must state their name and surname, address, telephone or fax number, or e-mail address, and the consumer may, according to their choice, also use the unilateral agreement termination form, provided below.
The unilateral agreement termination form can also be filled and sent online, by clicking on .pdf version.
The acknowledgement of receipt of the unilateral agreement termination statement by the Seller will be sent to the consumer immediately by e-mail. In case of agreement termination, each party shall return to the other party everything that it received based on the terms of the agreement. Except in cases when the Seller offers to personally take over the goods that the buyer wants to return, the Seller shall make the cash refund only after such goods are actually returned, or when the buyer provides proof that the goods were sent back to the Seller, in case that the Seller was notified about it before the goods were delivered.
The Seller has no obligation to refund additional costs that result from the buyer’s explicit choice of means of delivery, different from the least expensive means of standard delivery offered by the Seller. The Seller must perform the refund using the same means of payment used in the consumer’s order, except in cases where the Seller explicitly agrees to some other means of payment, provided that the consumer would not be obliged to pay for any other costs incurred because of such a refund.
Except in case when the Seller offers to take over the goods that the consumer wants to return in person, the consumer must return the goods without delay and no later than 14 days from the date when they informed the Seller about their decision to terminate the agreement. It is considered that the consumer fulfilled their commitment regarding the timely return of goods when they mail the delivered goods to the Seller, or a person designated by the Seller to receive the goods.
All direct costs of product return are to be borne by the consumer. The consumer is responsible for any incurred reduction of the value of goods that resulted from usage, except such usage that was necessary to determine the product’s nature, characteristics and functionality.
In order to make it possible for the consumer to determine the nature, characteristics and functionality of the goods, they can use and inspect the goods exclusively in a way that is usual when purchasing goods at the Seller’s premises. The buyer can not wear, wash, iron, shorten and/or tailor, remove a sewn label and/or sewn logo, nor perform any other activity that reduces the value of the goods for the goods that the buyer wants to return within 14 days.
During the period when the consumer has the right to return the goods, they must keep the goods with due care, and must behave as a particularly careful and conscientious person. In the case that the value of the product is reduced as the result of product use, the Seller will be compensated from the amount of the payment received in the proportion of the impairment of the goods, according to the Seller’s own estimate, taking into account objective criteria in each individual case.
In order to simplify the writing of the written agreement termination for the consumer, a sample form for unilateral agreement termination is provided below that the consumer can fill and mail to the Sellers mailing address, Revealed Enterprise d.o.o., Ulica Roberta Frangeša – Mihanovića 9, 10000 Zagreb, or e-mail to shop@croatiarevealed.com. The consumer can also submit agreement termination also by clicking on the link provided above.
When the buyer is a legal entity, this section of the General Terms and Conditions, with the title “Right to unilateral agreement termination”, does not apply. For legal entities, the provisions of the Civil Obligations Act (Zakon o obveznim odnosima) and Electronic Commerce Act (Zakon o elektroničkoj trgovini) are in force. Click here for the online form of unilateral agreement termination.
NOTE ABOUT THE WAY TO SUBMIT A WRITTEN CUSTOMER COMPLAINT
The consumer can send complaints, according to the provisions of Art. 10. of the Civil Obligations Act (Zakon o obveznim odnosima), by mail to Revealed Enterprise d.o.o., Ulica Roberta Frangeša – Mihanovića 9, 10000 Zagreb, or e-mail to shop@croatiarevealed.com.
In order to make it possible for Revealed Enterprise d.o.o. to respond to the written complaint which was not sent by e-mail, the consumers are kindly asked to state correct information about their name and surname, and the address where the reply is to be delivered. By law, Revealed Enterprise d.o.o. must reply to any customer complaint in written form within 15 days latest after the reception of the complaint.
In case of dispute, Revealed Enterprise d.o.o. and the consumer will resolve the conflict peacefully, and if this is not possible, the Municipal Civil Court (Općinski građanski sud) in Rijeka is the competent court, with the application of Croatian law. The dispute resolution is also possible at The Court of Honor of Croatian Chamber of Economy, or other meditation centers.
Consumer disputes can also be solves thorough ODR platform of the European Commission.
With consumer’s acceptance of the General Terms and Conditions, they also accept all other terms and conditions mentioned at the www.croatiarevealed.com Site, as well as all other regulation published on the Site. If a consumer does not agree to any stipulations of the pre-contractual information, or of the General Terms and Conditions, they are kindly asked not to use www.croatiarevealed.com website and not to conclude any sales agreement.
Revealed Enterprise d.o.o. retains the right to modify these General Terms and Conditions and other regulation without prior notice. The General Terms and Conditions are in accordance with the laws of the Republic of Croatia.
When the buyer is a legal entity, the customer protection and regulation of the Consumer Protection Act (Zakon o zaštiti potrošača) do not apply. In regard to the written consumer complaint, these rules and regulations do not apply to legal persons; the rules and regulations of the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini) apply instead.
