These Purchasing Terms are part of the Seller’s obligation under the provisions of the Consumer Protection Act, and have a purpose to ensure that the Buyer is informed in a clear and understandable manner about a number of circumstances relevant to the conclusion, execution, and termination of the contract, all in accordance to the law.
The term Seller refers to Kreativni brlog, obrt za raznovrsnu izradu, trgovinu i usluge, vl. Jasminka Fuchs, Listopadska 5, Zagreb, OIB: 52098978551, T: +385 99 797 22 45, email@example.com. W: www.kreativnibrlog.com.
The term Buyer refers to a typical consumer (a natural person who orders and pays for any product, not business related, through the web shop services present on the Seller’s website), as well as to consumers of legal entities, tradesman and sole traders and natural persons who perform business activities, but they are protected by the provisions of the Consumer Protection Act only if they purchase products unrelated to their business activities.
By selling through the website www.kreativnibrlog.com, the Seller acts on its own behalf.
The Purchasing Terms form part of the contract concluded at a distance together with the specifications and price(s) of the purchased product(s), and before confirming the order to purchase a particular product, the Buyer will be asked to accept/declare that they are familiar with them; and after the order confirmation (conclusion of the contract) the contract will be delivered to the Buyer in the form of a content of an email confirming that the contract has been concluded. The Seller reserves the right to change the conditions at any time, provided that these changes take effect after publication on this website.
When the Buyer confirms and executes the order, the contract is concluded, and the Seller will immediately notify the Buyer that the contract has been concluded by email.
For a valid contract, the Buyer must be a person with full legal capacity.
The buyer is responsible for the completeness and authenticity of the data submitted during registration.
The Purchasing Terms are divided into the categories/information classified below.
II. Main features of the goods
Main features of the goods: the products are displayed descriptively and in photographs.
Photographs are for illustration purposes only, and do not always correspond in all details to the products that are the subject of the order. The Seller especially emphasizes that the visual identity of the product shown in the photograph does not have to match the appearance of the product in reality, especially considering the monitor settings on the customer’s computer, differences in color perception as seen by the customer on the screen, and the like.
In the case of the above discrepancy between the product shown in the photo and the delivered product, the difference is not considered a product defect. Information about the products (product description, price, etc.) displayed on the website www.kreativnibrlog.com are subject to bugs, irregularities in the operation of the application, other technical irregularities, typographical errors, etc. In the event of obvious errors or inaccuracies regarding the product information displayed on www.kreativnibrlog.com, the Seller reserves the right to unilaterally terminate the contract.
Only products for which is indicated that they are available in stock may be subject to order.
III. Product price
The prices displayed on the website www.kreativnibrlog.com are expressed in EUR. Product prices do not include delivery costs, and for that reason they are paid separately.
In case of payment by e-banking and general payment slip, the costs of payment and/or interbank transaction are not included in the price.
IV. Delivery costs
Delivery costs are communicated upon ordering for each individual product. In case of ordering multiple products, total delivery costs are stated.
In case of impossibility of delivery to the address of the Buyer indicated, the Buyer shall bear the costs of re-delivery to the same or another address, depending on what information the Buyer will provide to the Seller when checking the order delivery.
V. Costs of using means of remote communication
The Seller does not have any additional costs for using means of remote communication.
VI. Terms and conditions of payment, terms of delivery of goods, time of delivery of goods
Products are ordered by selecting, using the menu and filling out the electronic form. The Buyer can order and purchase the product as a registered or unregistered user. The product is considered ordered when the customer goes through the entire ordering process.
Payment methods for ordered products are as follows:
- Internet banking (payment to transaction account)
- Cash on delivery
- Credit card (Maestro, MasterCard, Visa)
If the customer does not receive notification that the contract is concluded after the ordering process, it is advised to check:
- Is the message in junk/spam folder
- is the mailbox full
We deliver the ordered products using Croatian Post Office and Overseas Express. If it turns out to be impossible to deliver the selected product due to the fact that the product no longer exists, the Seller is obliged to immediately notify the Buyer, and the Buyer has the right to terminate the contract and request a refund or agree to a later delivery deadline.
We will try to deliver all ordered items in one package. If this is not possible due to being currently out of stock, we reserve the right to deliver in several shipments.
The deadlines for delivery do not include:
- day when the order/application was received
- delays due to incorrect or incomplete address of the Buyer
- delays due to force manure or other reasons for which the Seller is not responsible
- non-business days if they are at the beginning or end of the delivery deadline
In case the ordered product is paid in cash on delivery, The Seller will start the delivery of goods according to the above deadlines, running from the moment of the order confirmation, and the Buyer is obliged to make the payment during or shortly before the immediate collection of the product.
VII. Unilateral Termination of the Contract
Only the Buyer who has concluded the Distance Contract in the above-described manner has the right, without stating the 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, excluding the carrier/supplier. If the Buyer has ordered several pieces of goods to be delivered separately, or if it is goods that are delivered in several pieces or several shipments, but the Buyer did so by placing only one order, 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 from the expiration of the termination period (the 12-month deadline starts after the expiration of 14-day deadline foreseen 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 14 days from the day when the Buyer receives that notice.
The Buyer is obliged to inform the Seller about their decision to terminate the contract before the expiration of the term for unilateral termination via Form for unilateral termination of the contract, available here. It can be filled in electronically and sent to the e-mail firstname.lastname@example.org. We will send you an acknowledgment of the receipt of the notice of unilateral termination of the contract by email without delay.
If you unilaterally terminate this Contract, 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 Contract. The costs of returning the goods are borne by the Buyer. The refund will be made in the same way you made the payment. We can only refund after the goods have been 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 you notified us of your decision on unilateral termination. Return the goods by mail, using a registered method (we will need proof) to our address Kreativni brlog, Listopadska 5, 10000 Zagreb). It is considered that you have fulfilled your obligation on time if you send the goods to us in person, to our warehouse, by registered mail (we will need proof) before the expiration of the above-mentioned deadline. 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 will be considered that the Buyer has not fulfilled their obligation to return the goods, and the Seller has no obligation 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 began 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 from this clause if the service be fully fulfilled;
- the subject of the contract is 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 have clearly been adapted to the Buyer;
- the subject of the contract is perishable goods or goods which are soon expiring
- the subject of the contract is sealed goods which, due to health or hygiene reasons, are not suitable for return if they were unsealed after delivery;
- the subject of the contract is goods which, by reason of their nature, are inseparably mixed with other things after delivery;
- The Buyer specifically requested a visit from the Seller for performing urgent repairs or maintenance work, provided that during such a visit, in addition to those services explicitly requested by the Buyer, the Seller provided some other services, or delivered goods other than those necessary to perform urgent repairs or maintenance work, the Seller has the right to unilaterally terminate the contract with regards to these additional services or goods;
- the subject of the contract is the delivery of digital content that is not delivered on physical media if the fulfillment of the contract began 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;
VIII. Liability for material defects / Complaints
The Seller is responsible for material defects of the items they sell on their website in accordance with the positive regulations of the Republic of Croatia, in particular the Law on Obligations.
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 and such damage is visible when picking up the shipment, in this case we suggest that the shipment is not picked up by the Buyer. We ask buyers to contact us so that we can check the condition of the shipment as soon as possible and send a new one.
In case of a visible product fault 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 a product. It is considered that the products 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 email email@example.com with an indication of complaints.
The Seller will 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 that case, within 15 days of receiving a valid complaint, the Seller will replace the product or return the entire amount paid. If, on the other hand, they find that the complaint is not valid, ie. if they reject the complaint, they will inform the Buyer about it within 15 days from the day of receipt of the complaint.
IX. Duration of the contract
The contract concluded by the Buyer with the Seller is a one-time distance contract on the sale of products, consumed by the delivery of goods and payment made by the Buyer, in case it has not been terminated. These Purchasing Terms are an integral part of the contract.
X. European Union Platform for online dispute resolution
By a special European Union regulation dating from 15 February 2016, disputes throughout the EU related to online shopping will be possible to resolve through the ODR platform, which 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 file your complaint in a faster and simpler way on this link. The platform can be used by both consumers and traders, and complaints can be lodged in any of the 23 official EU languages.
Download Unilateral termination form