PRODUCT COMPLAINTS AND LIABILITY FOR MATERIAL DEFECTS

  1. The basis and scope of the seller’s liability towards the customer if the sold product has a material defect are set out in the provisions of the Obligations Act.
  2. Products presented in the online store may be covered by a manufacturer’s or seller’s warranty. Detailed warranty terms and its duration are stated in the warranty certificate issued by the guarantor and provided to the customer together with the product.
  3. The seller is obliged to sell the customer a product without defects. The seller is liable for material defects of the product.
  4. The customer may notify the seller of a material defect in writing to the following address: Bencekovićeva 19, 10 000 Zagreb. If the complaint relates to a product, it is recommended to send the complaint and the product to the seller so the seller has the opportunity to inspect the product.
  5. The customer may also notify the seller of a material defect by email at administrator1@5sezona.hr. It is recommended to describe the material defect in the email and attach a photograph of the product so the seller can resolve the issue as quickly and efficiently as possible. If it is not possible to resolve the issue in this way, the seller will instruct the customer to deliver the product to the following address: Bencekovićeva 19, 10 000 Zagreb.
  6. The customer is obliged to notify the seller of the existence of defects within two months from the day the defect was discovered, and no later than within two years from the transfer of risk to the customer.
  7. The seller is not liable for defects that become apparent after two years have passed since the item was delivered. The rights of a customer who notified the seller of the defect in due time expire after two years, calculated from the day the notice was sent to the seller, unless the seller’s fraud prevented the customer from exercising those rights.
  8. The seller is liable for material defects that existed at the moment the risk passed to the customer, regardless of whether the seller was aware of them. The seller is also liable for material defects that appear after the transfer of risk to the customer if they are the result of a cause that existed before that moment.
  9. It is presumed that a defect that appears within one year from the transfer of risk existed at the time the risk was transferred, unless the seller proves otherwise or unless the contrary results from the nature of the item or the nature of the defect.
  10. If the existence of a material defect is established, the seller may have one of the following obligations, all in accordance with the provisions of the Obligations Act and according to the consumer’s choice:

a. removal of the defect,
b. delivery of another product without defects,
c. a price reduction.

  1. The customer may terminate the contract only if they have previously granted the seller an additional reasonable deadline for performance. The customer may terminate the contract without granting an additional deadline if, after being notified of defects, the seller has stated that they will not perform the contract, or if it is clearly evident from the circumstances of the particular case that the seller will not be able to perform within the additional deadline, as well as in cases where, due to the seller’s delay, the customer cannot achieve the purpose for which the contract was concluded. If the seller does not perform within the additional deadline, the contract is terminated by operation of law; however, the customer may keep the contract in force if they immediately notify the seller that they are keeping the contract in effect.
  2. If the defect is insignificant, the customer has no right to terminate the contract, but they are entitled to other rights arising from liability for material defects, including the right to compensation for damage.

A defect exists:

– if the item does not correspond to the description, type, quantity, and quality, or does not have the functionality, compatibility, interoperability, and other features as set out in the sales contract,
– if the item is not fit for any particular purpose for which the customer needs it and which the customer made known to the seller no later than at the time of concluding the contract, and in respect of which the seller gave consent,
– if the item is not delivered with all accessories and instructions, including installation instructions, as set out in the sales contract, or
– if the item is not delivered with updates as set out in the sales contract,
– if the item is not fit for the purposes for which items of the same type are normally used, taking into account all European Union regulations and regulations of the Republic of Croatia, technical standards, or—if no such technical standards exist—applicable codes of conduct in the specific field, where they exist,
– if the item does not correspond to the quality and description of a sample or model that the seller made available to the customer before concluding the contract,
– if the item is not delivered with additional accessories, including packaging, installation instructions, or other instructions that the customer may reasonably expect to receive,
– if the item does not correspond to the quantity or does not have the characteristics and other features, including those relating to durability, functionality, compatibility, and safety, which are usual for items of the same type and which the customer may reasonably expect given the nature of the item, taking into account all public statements made by the seller or other persons in earlier stages of the transaction chain, including the manufacturer, or made on their behalf, particularly in advertising or labeling,
– if the item has been incorrectly installed or assembled, where the installation or assembly service forms part of the sales contract and was performed by the seller or a person for whom the seller is responsible, or
– if the item that was intended to be installed or assembled by the customer has been incorrectly installed or assembled by the customer, and the incorrect installation or assembly is due to deficiencies in the instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or the supplier of the digital content or digital service.

  1. The seller is entitled to refuse to remedy the defect if repair and replacement are impossible or would cause disproportionate costs, taking into account all circumstances, especially the value of the item without defects, the significance of the defect, and whether repair or replacement can be carried out without significant inconvenience to the customer.
  2. The customer is advised to include in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular the type and date of the damage; (2) a request regarding the method of remedying the defect on the product that was the subject of the sales contract, or a statement requesting a price reduction, or a statement on termination of the sales contract; and (3) contact details of the person submitting the complaint—this will facilitate and speed up the seller’s consideration of the complaint. The requirements listed in the previous sentence are recommendations only and do not affect the validity of complaints submitted without the recommended content.
  3. The seller will respond to the customer’s complaint no later than within 15 days from the day of receipt.
  4. If the seller responds to the customer’s complaint and satisfies the request in accordance with the Obligations Act, the customer will be required to deliver the product, at the seller’s expense, to the following address: Vjekoslava Paraća 10, 21 231 Klis. For details on how to deliver the product to the seller free of charge, contact the seller at administrator1@5sezona.hr. Pet sezona d.o.o. bears the costs of collecting the product when it is established that a defect exists for which Pet sezona d.o.o. is liable.
  5. If the customer is a legal entity, consumer protection rules prescribed by these Rules and the Consumer Protection Act do not apply.
  6. In the event of a dispute, the seller and the consumer will attempt to resolve the dispute amicably. If that is not possible, the consumer may initiate proceedings against the seller either before the courts of the Member State where the seller is domiciled or, regardless of the seller’s domicile, before the courts of the place where the consumer is domiciled. The seller may initiate proceedings against the consumer only before the courts of the Member State where the consumer is domiciled. These rules do not affect the right to bring a counterclaim before the court in which, in accordance with these rules, the original proceedings are pending. In proceedings initiated under this point in connection with a sales contract, the law of the Republic of Croatia shall apply.

OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RULES OF PROCEDURE IN SUCH PROCEEDINGS

  1. The use of out-of-court procedures for considering complaints and claiming damages is voluntary. The following provisions are for informational purposes and do not constitute an obligation for the seller to use out-of-court dispute resolution. The seller will decide, in writing or on another durable medium, whether to agree to or refuse participation in out-of-court consumer dispute resolution proceedings if, after the consumer’s complaint, the dispute has not been resolved.
  2. A customer who is a consumer has the following options for using out-of-court procedures to consider complaints and exercise their rights:

a. Disputes may be resolved before mediation bodies,
b. The customer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information about forms of out-of-court dispute resolution that may arise between traders and consumers.

  1. Consumers can find more information about their rights and ways to exercise them on the websites of bodies that provide assistance and advisory services to consumers in the Republic of Croatia, such as:

a. European Consumer Centre Croatia http://ecc-croatia.hr/
b. Croatian Consumer Protection Association http://www.huzp.hr/
c. POTROŠAČ – Croatian Consumer Protection Society https://www.potrosac.hr/
d. CONSUMER PROTECTION DEVELOPMENT ORGANIZATION https://www.rozp.hr/

  1. At the following links, consumers can find articles and brochures with additional information about their rights and ways to exercise them:

a. Dispute resolution https://gov.hr/hr/zastita-potrosaca/326
b. 3 steps in consumer protection http://potrosac.mingo.hr/hr/potrosac/clanak.php?id=12489
c. Code of rights on the internet http://potrosac.mingo.hr/slike/dokumenti_3/g2015/m03/x1387438017228432.pdf
d. Online shopping http://potrosac.mingo.hr/slike/dokumenti_3/g2015/m03/x1387439104995916.pdf

RIGHT OF UNILATERAL TERMINATION OF THE CONTRACT

  1. A consumer who has concluded a distance contract may unilaterally terminate the contract within 14 days without stating any reason and without any costs, except for costs provided by law.
  2. The 14-day period begins on the day when the product is delivered into the possession of the consumer or a third person designated by the consumer who is not the carrier.
  3. If the consumer orders multiple items in a single order that are to be delivered separately, or if the goods are delivered in several pieces or several shipments, the 14-day period begins on the day when the last piece or the last shipment of the product is delivered into the possession of the consumer or a third person designated by the consumer who is not the carrier.
  4. If regular delivery of goods is agreed over a certain period, the 14-day period begins on the day when the first piece or the first shipment of the product is delivered into the possession of the consumer or a third person designated by the consumer who is not the carrier.
  5. If the consumer is not informed about the right to terminate the contract, the consumer’s right of unilateral termination expires upon the expiry of 12 months from the expiry of the 14-day period. If the seller provides the consumer with notice of the right to terminate the contract within 12 months, the right of unilateral termination expires upon the expiry of the 14-day period from the day the consumer received that notice.
  6. This does not apply to contracts whose subject is goods made to the consumer’s specifications or clearly personalized. Exercising any of the above rights does not affect other contracts, especially to the extent that:

a. they were concluded together with the contract covered by the withdrawal statement as a result of the customer placing multiple orders at the same time, or
b. the seller made the conclusion or content of the contract covered by the withdrawal statement conditional on concluding another contract due to a direct connection between the products.

  1. In order to exercise the right of unilateral termination, the consumer must notify the seller in writing of their decision to unilaterally terminate the contract before the expiry of the 14-day period, by an unequivocal statement sent:

– in writing to the address: Bencekovićeva 19, 10 000 Zagreb;
– electronically by email to: administrator1@5sezona.hr;
– using the withdrawal form provided as Annex 1 to these Rules.

  1. The consumer may use the withdrawal form, but is not obliged to.
  2. If the right of unilateral termination of a distance contract is exercised, the contract shall be deemed terminated.
  3. The seller will provide the consumer with confirmation of receipt of the unilateral termination statement without delay, to a physical address or email address. In the event of contract termination, each party is obliged to return to the other party what it has received under the contract.
  4. The seller is not obliged to refund additional costs resulting from the consumer’s explicit choice of a type of transport that differs from the cheapest type of standard transport offered by the seller.
  5. The seller must refund the paid amount using the same means of payment the consumer used, unless the consumer expressly agrees to another means of payment, provided that the consumer will not incur any additional costs for such a refund. If the funds cannot be refunded using the same payment method previously used by the consumer because the seller no longer supports that payment method, the seller will refund the funds using a payment method that most closely matches the characteristics of the payment method previously used by the consumer to the greatest extent possible.
  6. The consumer is obliged to return the product to the seller or hand it over to a person authorized by the seller to receive it without undue delay, and no later than within 14 days from the day of withdrawal from the sales contract, unless the seller has offered to collect the product themselves. The consumer may return the product to the following address: Vjekoslava Paraća 10, 21 231 Klis. If possible, the customer should also provide proof of purchase of the product or a printed electronic proof of purchase.
  7. The consumer bears all costs of returning the product.
  8. The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
  9. In order to establish the nature, characteristics, and functioning of the goods, the consumer may handle and inspect the goods only in the manner that is customary when purchasing goods at the seller’s premises. Goods that the customer intends to return within 14 days must not be altered or used, and the customer must not undertake any actions that are not permitted in the seller’s physical store, or that would reduce the value of the goods.
  10. In the event of a reduction in the value of the product resulting from excessive handling, the seller will assess the reduction in the value of the product taking into account the objective criteria of each individual case and will inform the customer thereof.
  11. The right of unilateral termination of the sales contract is not permitted in the following cases where:

a. the contract for services has been fully performed by the trader, and the performance began with the consumer’s express prior consent and with their acknowledgement that they will lose the right of unilateral termination if the service is fully performed;
b. the subject of the contract is goods made to the consumer’s specifications or clearly personalized;
c. the subject of the contract is sealed goods that are not suitable for return for health protection or hygiene reasons, if they were unsealed after delivery;
d. the subject of the contract is goods which, by their nature, are inseparably mixed with other items after delivery.

  1. The seller offers customers the so-called “Extended right of withdrawal”, which the customer may exercise from the 15th to the 100th day (fifteenth to one-hundredth) from the dates specified in points VII.2, 3, and 4.
  2. The extended right of withdrawal applies only to complete, undamaged, and unused products that have all tags and security elements placed on the product at the moment the consumer or a third party designated by the consumer took possession of it. The consumer loses the extended right of withdrawal if the product is used in a way that goes beyond what is necessary to determine its nature, characteristics, and functioning. All other aspects of the Extended right of withdrawal (seller’s obligations, customer’s obligations, etc.) are governed by the provisions above regulating the right of unilateral termination in accordance with the Consumer Protection Act.