If the Buyer finds a product to be defective after using it, he shall promptly notify the Seller thereof at Vodovodna 20, 10 000 Zagreb or at firstname.lastname@example.org.
After receiving such complaint, the Seller shall send to the Buyer a confirmation of its receipt of the complaint and inform him whether or not the product may be replaced by a new one, whether or not a refund is available for the product, and whether or not the product must be serviced by an authorized repairer.
In case the product needs to be sent to an authorized repairer, it shall be provided to such authorized repairer at Franck d.d., Central Workshop, Radnička cesta 177, 10 000 Zagreb.
2. Unilateral termination of the contract by the buyer
Pursuant to CPA, a Buyer who is a consumer within the meaning of CPA may unilaterally terminate the contract without giving his reasons within 14 days of the product delivery date or the date of delivery of the last product included in a particular order. All information concerning the Buyer’s right to unilateral contract termination is provided in CPA.
An exception to this right to termination shall apply to products for which Article 79 of CPA excludes the right to unilateral termination of the contract, including but not limited to:
- perishable goods or goods approaching their expiration date;
- sealed goods which are not eligible for returns for health or hygienic reasons or have been unsealed after delivery (e.g. the Buyer cannot unilaterally terminate the contract and return coffee, tea or any other food product if he has already opened its packaging);
- any goods that are due to their nature inseparably mixed with other items after delivery;
- cases where over half the product is consumed in the process of determining whether or not it is defective;
- supply of alcoholic beverages, the price of which is agreed at the time of contract execution, but which cannot be delivered in less than 30 days, if the price is dependent upon market developments not controlled by the merchant.
The standard unilateral contract termination form is available here. The Buyer may unilaterally terminate the contract by using such form or by making any other unambiguous statement expressing his intention to terminate the contract and by sending the form to the Seller’s business address at Vodovodna 20, 10 000 Zagreb or to email@example.com. The Seller shall promptly e-mail a confirmation of its receipt of such notice of unilateral contract termination to the Buyer.
In case of such unilateral contract termination, the Seller shall act in compliance with CPA. The price paid shall be refunded after the Buyer returns the product purchased and after the relevant evidence of Buyer’s shipping of the product back to the Seller or a third party designated by the Seller is received. The Buyer shall return the product without undue delay, but no later than 14 days of the date he notifies his unilateral contract termination.
Pursuant to CPA, the Buyer shall be responsible for the direct costs of returning the product if he exercises his right to unilateral contract termination and the Buyer may also contact the Seller by calling its customer service at 01 3710 300 or at: firstname.lastname@example.org to obtain further information from the Seller about the means, options and terms of returning the product. The customer service is available Monday to Friday between 8 a.m. and 4 p.m.
Pursuant to Article 77(5) of CPA, the Buyer shall be liable for any impairment of the purchased product resulting from the handling and using of the purchased product in case the contract is terminated as described in this Article. The Buyer shall also be liable for any impairment of purchased products returned to the Seller or a third party designated by the Seller damaged or destroyed, in which case he shall not be entitled to a full refund of the purchase price paid.
A Buyer’s request for a replacement of an ordered and duly supplied product shall be treated as his notice of unilateral contract termination subject to this Article of these General Terms and Conditions. The Buyer shall in such case complete the relevant product return form. In case the contract is unilaterally terminated in accordance with this Article (return or replacement), the products need to be sent to the Seller’s address or any other address indicated in such form.
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