Pet sezona d.o.o.
Bencekovićeva 19
10 000 Zagreb
E-mail: administrator1@5sezona.hr
Contact phone: +385 21 728 028 (the call is charged according to the tariff plan the customer has contracted with their chosen operator)

OIB: 92340440640

Account at Zagrebačka banka d.d., Trg bana Josipa Jelačića 10,
IBAN: HR8523600001102179867
ACCOUNT NUMBER: 8523600001102179867
SWIFT: ZABAHR2X
Company member: Pet sezona d.o.o.

These Terms of Use (hereinafter: the “Rules”) also constitute pre-contractual information as regulated by the Consumer Protection Act.
The consumer, as the buyer, enters into a sales contract with Pet sezona d.o.o. (hereinafter: the “Seller”) as the seller.
Legal entities as buyers are subject to the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them.
Means of distance communication are all means that can be used to conclude a distance contract without the simultaneous physical presence of the trader and the consumer, such as the internet and e-mail.

I. INTRODUCTORY PROVISIONS

  1. The online store available at www.disimi.hr is operated by Pet sezona d.o.o., with its registered office at Bencekovićeva 19, 10 000 Zagreb (which is also the correspondence address). E-mail: administrator1@5sezona.hr, contact phone: +385 21 728 028 (the call is charged according to the tariff plan the customer has contracted with their chosen operator).

  2. Users are advised to familiarize themselves with these Terms of Use before purchasing and to review them regularly to remain informed of all rights and obligations. In case of any ambiguities, they may contact the Seller. The Seller is entitled, without prior notice, to change the content of these Terms of Use, the product range, prices, other webshop-related data, as well as any other content.

  3. The Seller disclaims all liability for damage that may occur to devices enabling access to www.disimi.hr and to data stored on such devices while using www.disimi.hr, if such damage is caused by unlawful actions of third parties, computer viruses, etc., and other cases for which the Seller is not responsible. The Seller also disclaims liability in the event of circumstances that prevent the use of www.disimi.hr.

  4. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital data, we do not guarantee the accuracy and security of information transmitted or collected via this website, unless explicitly stated otherwise on this website.

  5. Pet sezona d.o.o. publishes all materials, photographs and text on the website in good faith to facilitate the customer’s selection when purchasing. The Seller does not guarantee that product photographs fully correspond to the appearance of the product itself. The Seller reserves the right to errors in the description and image of the product posted based on information provided by the manufacturer, as described above. Differences between the actual product and the product photograph and the described product on these pages are possible if the manufacturer changes a characteristic or the contents of the product. All descriptions are regularly and thoroughly checked.

  6. The Rules are intended for natural and legal persons who use the online store, electronic services, or conclude sales contracts (with the exception of Section XII of the Rules, which applies only to legal entities). These Rules also constitute pre-contractual information when a consumer concludes a sales contract.

  7. Acceptance of these Rules is voluntary, but necessary if you wish to open an account and place an order.

  8. The online store, the information listed in the online store, or (when ordering via other means of distance communication) the e-mail confirming the order summary referred to in Section III, paragraph 6 of the Rules, constitute an invitation to make an offer, and not an offer within the meaning of the Obligations Act.

  9. We invest in developing the review process. We do not practice or encourage submitting fake consumer reviews or recommendations, or ordering another legal or natural person to submit them, or misrepresenting consumer reviews or social recommendations for the purpose of product promotion. Our reviews are subject to a user identity verification process, and we make efforts to ensure that published reviews come from consumers who have actually used or purchased the product. We have no influence over reviews left via Google and Facebook accounts and cannot influence their technical settings regarding identity verification of reviewers.

  10. Certain terms used in these Rules have the following meaning, unless something else follows from the context:

a. CUSTOMER SERVICE provides assistance regarding the operation of the online store, product information, regulations and current promotions on business days, during the time stated in the online store under “Contact”, via the phone numbers and e-mail address listed there, via chat in the online store and the contact form in the online store under “Contact”. The cost of calling Customer Service is charged according to the tariff plan the customer has contracted with their chosen operator.
b. PRICE – the gross amount (including VAT) stated in euros, payable to the seller for transferring ownership of the product to the buyer under the sales contract. The price does not include delivery costs unless promotional terms in the online store state otherwise. The product price will be the one shown on our website at the relevant time, except in the case of an obvious error. If we discover a pricing error for a product you ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and any amounts paid will be refunded in full.
c. BUSINESS DAY – a day from Monday to Friday, excluding public holidays.
d. CLIENT – a natural person, a legal person acting through an authorized person, as well as other entities with full legal capacity. If the buyer is a natural person with limited legal capacity, they undertake to obtain legally effective consent from their legal representative to conclude a service/sales contract and to provide such consent upon the seller’s request.
e. OBLIGATIONS ACT – Official Gazette 35/05, 41/08, 125/11, 78/15, 29/18, 126/21
f. CONSUMER – any natural person who enters into a legal transaction or acts on the market outside their trade, business, craft or professional activity
g. CART – a service available to every customer using the online store, enabling the ordering of one or more products, entering discount codes that reduce the price under conditions set out in specific agreements/regulations, and displaying a summary of the price of individual products and the total price of all products (including delivery costs, if applicable), including the expected delivery date. The customer adds to the cart the products that will be the subject of the sales contract if it is concluded. One order may include multiple products.
h. NEWSLETTER – an electronic service that enables customers to receive periodic information from the seller, especially about products and the online store, including new products and promotions, to the e-mail address or phone number provided by the customer, with the customer’s explicit consent. Rules for providing the Newsletter are set out in separate regulations available within the online store.
i. PRODUCT – a movable item available in the online store that is the subject of a sales contract between the buyer and seller if paid. All products presented in the online store are brand new.
j. PROMOTIONS – special terms of sale or service provision, regulated through benefits stated in the online store, offered by the seller for a certain time, enabling the buyer to use such benefits, such as lowering the product price or delivery price.
k. RULES / SERVICE AGREEMENT – this document defining the rules for concluding sales contracts and the rules for providing and using services the seller provides via the online store. Rights and obligations of the buyer and seller are governed by the Consumer Protection Act, the Electronic Commerce Act, EU law and these Rules.
l. STORE – a physical store operated by the seller. A list of available stores is shown during ordering.
m. ONLINE STORE – a platform enabling the buyer to order products and use services offered by the seller; a set of interlinked webpages available at www.disimi.hr, as well as via the app.
n. SELLER – Pet sezona d.o.o., Bencekovićeva 19, 10 000 Zagreb, e-mail: administrator1@5sezona.hr, contact phone: +385 21 728 028 (call charged per tariff plan).
o. CONTENT – text, graphic or multimedia elements (such as product information, product images, promotional video, descriptions, comments) within the online store, in accordance with copyright law and related rights, as well as images of individuals distributed as part of the online store by the seller, seller’s associates, the buyer or another person using the online store, as applicable.
p. SALES CONTRACT – a sales contract within the meaning of the Obligations Act, for the seller’s sale of a product to the buyer in exchange for payment of the price and all additional fees, including delivery costs, under the terms set out in these Rules. The buyer and seller conclude a distance sales contract after the seller accepts the order under these Rules. Each product is subject to a separate sales contract. (This also applies where, due to objective reasons, the seller concludes or conditions the sale of one product on the sale of another product because of a direct link between them.) The seller may also conclude a sales contract with a non-consumer without following the procedure in these Rules, and such contract will be confirmed by e-mail upon request of either party.
r. INFORMATION SOCIETY SERVICE – electronic services within the meaning of the Electronic Commerce Act, provided by the seller to the buyer via the online store under a service agreement. Where services are provided by entities cooperating with the seller, the relevant provisions of those entities’ service rules apply.
s. CONSUMER PROTECTION ACT (Official Gazette NN 19/22) – regulates the protection of basic consumer rights when purchasing products and services.
t. TECHNICAL REQUIREMENTS – minimum technical requirements to use the seller’s IT system, including concluding service/sales contracts: (1) computer/laptop/other multimedia device with internet access (for apps – a mobile device); (2) access to e-mail; (3) browser: Mozilla Firefox 17.0+, Internet Explorer 10.0+, Opera 12.0+, Google Chrome 23.0+, Safari 5.0+; (4) recommended minimum screen resolution: 1024×768; (5) enabled cookies and JavaScript support; for phone orders: (6) phone use; for app use: (7) Android 4.0.3+ or iOS 9.0.4+, and for certain features also (8) camera and geolocation (GPS). The buyer must have an active e-mail address and, in certain cases, a keyboard or other device enabling proper completion of electronic forms.
u. ORDER – the buyer’s statement of intent to conclude a distance sales contract, specifying the product(s) and buyer data necessary to conclude and perform the contract. Each order is treated as an independent offer. In case of complaints/returns, the buyer does not need to return all products ordered, only the product concerned. Acceptance of the order means conclusion of the sales contract (see above).

II. INFORMATION SOCIETY SERVICES IN THE ONLINE STORE

  1. The Seller provides the following services to customers free of charge:

a. enabling customers to place orders and conclude sales contracts, under the terms set out in these Rules;
b. providing personalized advertising content to customers;
c. enabling customers to use the cart service;
d. enabling browsing of content posted in the Online Store;
e. Newsletter;
f. within the app, users may use the following options (the following provisions may apply to current electronic services or services to be introduced in the future – the availability of specific electronic services results from the current app functionality):

  • scanning via the camera and saving barcodes of selected products so the user can compare prices;
  • presenting products in the Online Store based on photos of selected products uploaded by the customer;
  • searching by the location of a desired store or a specific pick-up point;
  • filtering displayed products or promotions, e.g., by the size indicated by the customer (e.g., shoe size) or by the category indicated by the customer (e.g., products for men/women/children);
  • displaying current notifications directly on the mobile device screen (“push” notifications);
  • creating a list of favorite products.
  1. If the Seller does not receive payment from a customer who selected advance payment, i.e., electronic payment or card payment, Customer Service may contact the customer to remind them to pay, including by sending an e-mail. If the customer does not make payment within 24 hours of placing the order, the offer submitted by sending the order will not be processed. The customer may also cancel the order without consequences until they receive the dispatch notification by contacting the Seller via Customer Service, which does not affect their right to withdraw from the contract unilaterally – however, this does not apply where the subject of the contract is goods made to the consumer’s specifications or clearly personalized to the consumer.
  2. The customer begins using the cart by adding the first product to the cart.
  3. The cart is provided free of charge, is one-time, and ends when the order is placed or when the customer stops placing orders through it. The cart stores data about products selected by the customer after the browser/app session ends, including logout, for a period not longer than 7 days; however, it does not ensure availability of selected products for placing a later order. If the cart is used by customers logged into a user account via a web browser, the cart contents will be synchronized with the user account and then used via the app (and vice versa).
  4. The customer specifically undertakes to:

a. provide only truthful and all necessary personal data in forms and within the Online Store;
b. responsibly and promptly update data, including personal data, provided by the customer to the Seller in connection with concluding a service agreement or a sales contract, especially to the extent necessary for proper performance. The customer may change the data entered when opening a user account at any time using the options available within the user account;
c. use the Seller’s services and functionalities in a way that does not disrupt the Seller’s operations, the Online Store, or the app;
d. use the services and functionalities made available by the Seller in compliance with the law, mandatory regulations and public morals;
e. use the services and functionalities provided by the Seller in a way that does not burden other customers or the Seller;
f. pay the price and other costs determined by the customer and the Seller in full and on time;
g. collect ordered products in a timely manner and pay upon delivery;
h. not provide or make available within the store any content prohibited by law, in particular content that infringes third-party property rights or personal rights;
i. refrain from actions such as:

  • sending or posting unsolicited commercial information in the Online Store or posting any content that violates the law (no illegal content);
  • undertaking IT activities or any other activities aimed at obtaining information not intended for the customer, including data of other customers, or interfering with the rules or technical aspects of the store’s operations, login and payment processing;
  • unauthorized modification of content provided by the Seller, especially prices or product descriptions listed within the store.
  1. Complaints related to the provision of electronic services may be submitted, for example:

a. in writing to: Bencekovićeva 19, 10 000 Zagreb;
b. electronically by e-mail to: administrator1@5sezona.hr

  1. The user is recommended to include in the complaint description: (1) data and circumstances related to the subject of the complaint, in particular the type and date of the irregularity; (2) the customer’s request; and (3) contact details of the person submitting the complaint – this will facilitate and speed up complaint handling by the Seller. The above is a recommendation and does not affect the validity of complaints submitted without the recommended content. We will consider your complaints regardless of whether you followed our recommendations regarding their content.
  2. The Seller will respond to the complaint immediately, and no later than within 15 days from the date the complaint is received, in accordance with Article 10 of the Consumer Protection Act, unless a different deadline arises from legal provisions or special regulations.
  3. The Seller’s sales functions are used to provide electronic services in an accessible manner, enabling customers to use the Online Store, including familiarization with content, products and prices.

III. TERMS FOR CONCLUDING A SALES CONTRACT

  1. The main characteristics of the service, including the subject matter and the manner of communication with the customer, are stated on the product page or otherwise in a manner appropriate for the specific product, as part of the Online Store.
  2. The Seller receives orders for products in the following ways:

a. in the Online Store;
b. by contacting Customer Service:

  • by phone;
  • by e-mail.
  1. As part of the development of products or services available in the Online Store and due to their specific nature, the Seller may introduce limitations on the ways of placing orders for certain products. In the case of multiple orders placed simultaneously, where the above limitation applies to at least one ordered product, this may affect the availability of order submission methods for the remaining products as well.
  2. As part of the development of provided services, the Seller may introduce other ways of placing orders via means of distance communication, under the terms set out in these Rules.
  3. The conclusion of a sales contract between the customer and the Seller occurs after the Seller accepts the order.
  4. The Seller enables the customer to place an order via the Online Store as follows:

a. The customer adds the selected product(s) to the cart and then proceeds to the order form. The Seller may provide additional services for a product added to the cart within the Online Store, e.g., personalization, adding other related products that are not available for separate sale in the Online Store.
b. The customer must independently complete the order form with their data required to conclude and perform the sales contract. In any case, providing outdated or false data may prevent contract performance. The following data must be provided in the order form: first and last name; address (street, house/apartment number, postal code, city, country); e-mail address; contact phone number; and sales contract details: product(s), product quantity, where applicable – type, color and size; delivery place and method; and payment method. Non-consumer customers must also provide the company name, and if requesting an R1 invoice, the company’s OIB is required. As part of the development of products or services available in the Online Store, the Seller may impose an obligation on the customer to provide other relevant product data or personal data in the order form or elsewhere as appropriate, especially due to the nature of the product or service, e.g., for personalization. Subsequent changes and issuing an R1 invoice and invoices are not possible. Customers must provide complete and accurate data when purchasing.
c. The customer selects one of the delivery methods provided by the Seller.
d. The customer selects the payment method for the price and all other costs (e.g., delivery) of the sales contract indicated in the order form. The product price will be the one shown on our website at the relevant time, except in the case of an obvious error. Although we take all steps to ensure that prices shown on the website are correct, errors may occur. If we discover an error in the price of a product you ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and any paid amounts will be refunded in full.
e. The customer submits the order to the Seller (makes an offer) using the Online Store functionality available for that purpose (button: “Order”). If the customer has not previously accepted the Rules, acceptance is also required by ticking the checkbox next to the text: “I have read and agree with the terms of use and website provisions.”
f. When ordering, until the “Order” button is pressed, the customer may correct entered data within the “Cart” panel by adding or removing items from the cart. Deleting a particular item may automatically remove another item from the cart due to a direct link between products.
g. Depending on the chosen payment method, the user may be redirected to the website of an external payment service provider in order to make the payment.

  1. If the Seller, on its own initiative, proposes that a consumer conclude a sales contract using other means of distance communication, including by phone:

a. The Seller sends the consumer an electronic message confirming the content of the proposed sales contract, which shall be considered an invitation to make an offer;
b. The consumer sends the order to the Seller via a message to the e-mail address from which they received the confirmation referred to in point III.6.a;
c. If the consumer does not have a user account and has not previously accepted the Rules, the consumer must accept the Rules.

  1. In addition to point III.6, the following provisions apply to concluding a sales contract using other means of distance communication, including by phone, at the consumer’s initiative, taking into account the circumstances and the means of distance communication.
  2. In response to the order, the Seller immediately sends the customer an automated message to the e-mail address provided, confirming receipt of the order and the start of processing.
  3. After processing the order, without undue delay, the Seller sends a message to the customer’s e-mail address containing:

a. confirmation of acceptance of one or more individual offers for products submitted within the order and confirmation of the conclusion of the sales contract (acceptance of the order for the products listed in the message); or
b. information on non-acceptance of the offer for products submitted within the order.

  1. The sales contract is concluded after the offer is confirmed, i.e., when the customer receives the message referred to in point III.10.a, to the extent of the products listed therein. For products made to the consumer’s specifications, the sales contract is concluded upon confirmation of the offer, i.e., after the customer receives the message referred to in point III.10.a to the extent of the products listed therein, unless the Seller immediately informs the customer that it is unable to perform the service regarding the ordered products. In that case, the sales contract is not concluded. The Seller sends the customer a confirmation to the e-mail address provided by the customer.
  2. If it is not possible to accept all or some offers submitted within the order, Customer Service will contact the customer in order to:

a. inform the customer that it is not possible to accept all offers submitted within the order for concluding the sales contract; or
b. confirm the customer’s consent to complete the order to the extent the Seller has agreed to accept the offer for concluding the sales contract. In this case, the customer may cancel the entire order (in relation to all offers). Cancellation by the customer releases the Seller from the obligation to perform. In the event of cancellation, point III.12 below applies.

  1. If it is not possible to accept the offer(s) listed within the order, the sales contract for the products indicated by Customer Service will not be concluded, and the Seller will immediately, and no later than within 14 days, refund the customer the amount paid to the extent that the sales contract was not concluded. The provisions of point VIII.6 of the Rules apply accordingly.
  2. Regardless, the Seller may inform the customer about the order status, in particular by sending messages to the e-mail address provided, by SMS, or by contacting by phone.
  3. The Seller strives to ensure product availability and performance of the sales contract. If it is impossible to perform the service and in other cases of force majeure, the relevant provisions of the Obligations Act apply.
  4. The total order value includes the price, delivery costs, and all other costs of additional, optional services chosen by the customer. The Seller may set a threshold for a minimum order value for which product delivery is free of charge. The customer is informed, during order placement, of the total price including taxes for ordered products, delivery costs (including transport and postal services), and other costs (e.g., re-routing costs if the customer changes the delivery address after dispatch). Where such costs cannot be determined, the customer is informed during order placement of the need to accept them, and also at the time when the customer expresses the intention to conclude the contract.
  5. Promotions in force in the Online Store cannot be combined unless stated otherwise.

IV. METHODS AND DEADLINES FOR PAYMENT FOR PRODUCTS

  1. The Seller provides the customer with different payment methods under the sales contract.
  2. The currently available payment methods are listed in the Online Store on the “Payment methods” page and each time the customer wishes to conclude a sales contract. Available payment methods may depend on the delivery method or the product selected by the customer. Available payment methods may change if several orders are placed simultaneously, especially due to the products included in them.
  3. Payment of the order amount by electronic payment and debit/credit cards is carried out, according to the customer’s choice, via authorized services.
  4. If the Seller does not receive payment from a customer who selected advance payment, i.e., payment by bank transfer, electronic payment or card payment, Customer Service may contact the customer to remind them to pay, including by sending an e-mail. If the customer does not make payment within 3 days from placing the order, and thereafter within an additional 2 days, the offer submitted by sending the order will not be processed. The customer may also cancel the order without consequences until they receive the dispatch notification by contacting the Seller via Customer Service, which does not affect their right to withdraw from the contract unilaterally – however, this does not apply where the subject of the contract is goods made to the consumer’s specifications or clearly personalized to the consumer.
  5. If the customer selects cash on delivery, the customer must pay upon receipt of the delivery. Refusal to accept the product, despite an additional appropriate deadline being provided, constitutes grounds for termination of the sales contract. The customer may also cancel the order within a certain period without consequences, which does not affect their right to withdraw from the contract unilaterally – however, this does not apply where the subject of the contract is goods made to the consumer’s specifications or clearly personalized to the consumer.

V. COSTS, DEADLINES AND METHODS OF PRODUCT DELIVERY

  1. Product delivery is available within the territory of the Republic of Croatia as stated on the “Delivery and shipments” page in the Online Store.
  2. Product delivery is paid unless otherwise specified by the sales contract. Currently available delivery methods and costs are indicated to the customer on the “Delivery and shipments” page in the Online Store and each time the customer wishes to conclude a sales contract.
  3. Available delivery methods may depend on the payment method or the product selected by the customer. Available delivery methods may change if several orders are sent simultaneously, especially due to the products included in them.
  4. The total waiting time until the customer receives the product (delivery date) consists of the time in which the Seller prepares the order for dispatch and the delivery time by the carrier.
  5. The delivery deadline for the product to the customer is up to 14 business days, unless a shorter deadline is stated in the product description or during ordering.
  6. The order preparation time by the Seller is shown each time on the subpage of the relevant product and is calculated from the day (start of the delivery period):

a. debit of the Seller’s bank account or settlement account – if the customer chooses payment by bank transfer, electronic payment or debit/credit card;
b. conclusion of the sales contract – if the customer chooses payment upon delivery.

  1. To the above time, the delivery time by the selected carrier must be added, which depends on the delivery method chosen by the customer.
  2. If several products with different delivery dates are ordered at the same time, the final delivery date is the delivery date of the product with the longest deadline, which cannot exceed 14 business days.
  3. If the customer does not collect the product or refuses to collect it without a valid reason, the Seller reserves the right to request reimbursement of handling, transport and other possible costs.

VI. PRODUCT COMPLAINTS AND LIABILITY FOR MATERIAL DEFECTS

  1. The basis and scope of the Seller’s liability to 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 conditions and its duration are stated in the warranty card issued by the guarantor and provided to the customer 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: 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 that the Seller can inspect the product.
  5. The customer may notify the Seller of a material defect by e-mail to: administrator1@5sezona.hr. It is recommended to describe the material defect in the e-mail and attach a product photograph so the Seller can resolve the issue as quickly and efficiently as possible. If the issue cannot be resolved in this way, the Seller will instruct the customer to deliver the product to: Bencekovićeva 19, 10 000 Zagreb.
  6. The customer is obliged to notify the Seller 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 appear after two years have passed from delivery of the item. The rights of a customer who has timely notified the Seller of the defect expire after two years, counted from the day the notice was sent to the Seller, unless the customer was prevented from exercising their rights due to the Seller’s fraud.
  8. The Seller is liable for material defects that existed at the time risk passed to the customer, regardless of whether the Seller knew of them. The Seller is also liable for material defects that appear after the transfer of risk to the customer if they result from a cause that existed before the transfer.
  9. It is presumed that a defect that appeared within one year from the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or it follows otherwise from the nature of the item or the nature of the defect.
  10. If a material defect is established, the Seller may have one of the following obligations, in accordance with the Obligations Act and at the consumer’s choice:

a. remedying the defect;
b. delivering another product without defects;
c. reducing the price.

  1. The customer may terminate the contract only if they have previously given the Seller an additional appropriate deadline to perform. The customer may terminate the contract without granting an additional deadline if, after being notified of defects, the Seller states it will not perform, or if it is obvious from the circumstances that the Seller will not be able to perform within an 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 terminates by operation of law; however, the customer may keep the contract in force if they promptly notify the Seller that they wish to keep the contract in force.
  2. If the defect is insignificant, the customer has no right to terminate the contract, but is 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 lacks functionality, compatibility, interoperability and other features as agreed in the sales contract;
  • if the item is not fit for any particular purpose for which it is needed by the customer and which the customer communicated to the Seller no later than at the time of concluding the contract, and to which the Seller agreed;
  • if the item is not delivered with all accessories and instructions, including installation instructions, as agreed in the sales contract; or
  • if the item is not delivered with updates as agreed 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 EU and Croatian regulations, technical standards or, where such standards do not exist, applicable codes of conduct in the relevant field, if they exist;
  • if the item does not correspond to the quality and description of the sample or model made available by the Seller prior to concluding the contract;
  • if the item is not delivered with accessories, including packaging, installation instructions or other instructions that the customer may reasonably expect;
  • if the item does not correspond in quantity or lacks properties and other features, including those relating to durability, functionality, compatibility and safety, that are customary for an item of the same type and that the customer may reasonably expect given the nature of the item and taking into account any public statements made by the Seller or others in previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling;
  • if the item is incorrectly installed or assembled, where installation/assembly forms part of the sales contract and was carried out by the Seller or a person for whom the Seller is responsible; or
  • if the item intended to be installed/assembled by the customer is incorrectly installed/assembled by the customer, and the incorrect installation/assembly is due to deficiencies in instructions provided by the Seller or, for items with digital elements, provided by the Seller or the supplier of digital content or digital services.
  1. The Seller is entitled to refuse remedying the defect if repair and replacement are impossible or would cause disproportionate costs to the Seller, taking into account all circumstances, in particular 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 recommended to include in the complaint description: (1) data and circumstances related to the subject of the complaint, especially the type and date of damage; (2) the requested 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 of termination of the sales contract; and (3) contact details of the person submitting the complaint – this will facilitate and speed up handling. The above is a recommendation and does 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 date of receipt.
  4. If the Seller responds to the customer’s complaint and grants the request in accordance with the Obligations Act, the customer will be obliged to deliver the product at the Seller’s expense to: Bencekovićeva 19, 10 000 Zagreb. Details regarding the method of delivering the product to the Seller free of charge can be obtained by contacting 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 under 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 it amicably. If this is not possible, the consumer may initiate proceedings against the Seller either before the courts of the Member State in which 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 in which the consumer is domiciled. These rules do not affect the right to file a counterclaim before the court before 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.

VII. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RULES OF PROCEDURE

  1. Using an out-of-court procedure for handling complaints and seeking compensation for damage is voluntary. The following provisions are of an informative nature and do not constitute an obligation for the Seller to use out-of-court dispute resolution. The Seller will decide on consent or refusal to participate in an out-of-court consumer dispute resolution procedure in writing or on another durable medium 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 for handling complaints and exercising rights:

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

  1. Consumers can learn more about their rights and ways of exercising them on the websites of bodies providing 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. ROZP – Development Organization for Consumer Protection https://www.rozp.hr/

  1. Consumers can find articles and brochures with additional information about their rights and ways of exercising them at the following links:

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 Internet rights 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

VIII. RIGHT OF UNILATERAL TERMINATION (WITHDRAWAL) FROM THE CONTRACT

  1. A consumer who has concluded a distance contract may unilaterally withdraw from 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 the product is received by the consumer or by a third party designated by the consumer who is not the carrier.
  3. If the consumer orders several units in one order that are delivered separately, or if the goods are delivered in several parts or shipments, the 14-day period begins on the day the consumer (or the designated third party who is not the carrier) receives the last item or the last shipment.
  4. If regular delivery of goods over a defined period is agreed, the 14-day period begins on the day the consumer (or the designated third party who is not the carrier) receives the first item or the first shipment.
  5. If the consumer is not informed of the right of withdrawal, the consumer’s right to unilaterally withdraw expires 12 months after the expiry of the 14-day period. If the seller provides the consumer with notice of the right of withdrawal within those 12 months, the right to withdraw expires 14 days from the day the consumer received that notice.
  6. The above does not apply to contracts whose subject is goods made to the consumer’s specification or clearly personalized to the consumer. Exercising any of the above rights does not affect other contracts, in particular 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 the content of the contract covered by the withdrawal statement conditional upon the conclusion of another contract, due to a direct link between the products.

  1. In order to exercise the right of unilateral withdrawal, the consumer must notify the seller in writing of their decision to withdraw before the expiry of the 14-day period by an unambiguous statement sent:
  • in writing to: Bencekovićeva 19, 10 000 Zagreb;
  • electronically by e-mail to: administrator1@5sezona.hr;
  • using the withdrawal form attached as Annex 1 to these Rules.
  1. The consumer may use the withdrawal form, but is not obliged to do so.
  2. If the right of withdrawal from a distance contract is exercised, the contract is deemed terminated.
  3. The seller will send the consumer confirmation of receipt of the withdrawal statement without delay to the physical address or e-mail address. In the event of withdrawal, each party must return to the other what it 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 different from the cheapest standard delivery offered by the seller.
  5. The seller must refund the payment using the same means of payment used by the consumer, unless the consumer expressly agrees otherwise, provided the consumer does not incur any additional costs for such refund. If funds cannot be refunded using the same payment method because the seller no longer supports that payment method, the seller will refund using a payment method that most closely corresponds to the characteristics of the consumer’s previously used payment method.
  6. The consumer must return the product to the seller or hand it over to a person authorized by the seller to receive it without delay, and no later than within 14 days from the day of withdrawal from the sales contract, unless the seller offered to collect the goods themselves. The consumer may return the product to: Bencekovićeva 19, 10 000 Zagreb. Where possible, the customer should also provide proof of purchase or printed electronic proof of purchase of the product.
  7. The consumer bears all direct costs of returning the product.
  8. The consumer is liable for any diminished value of the goods resulting from handling other than what was necessary to establish the nature, characteristics and functioning of the product.
  9. To establish the nature, characteristics and functioning of the goods, the consumer may handle and inspect them only in the manner that would be customary in a physical store. Goods the customer intends to return within 14 days must not be altered, used, or otherwise handled in a way that would not be permitted in a physical store or that would reduce their value.
  10. In case of a decrease in value resulting from excessive handling, the seller will assess the decrease in value using objective criteria of each individual case and will inform the customer accordingly.
  11. The right of unilateral withdrawal from the sales contract is not allowed in the following cases where:

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

  1. The seller also offers customers an “Extended right of withdrawal”, which the customer may exercise from day 15 to day 100 (fifteenth to one hundredth) from the days referred to in points VII.2, 3 and 4.
  2. The extended right of withdrawal applies only to complete, undamaged and unused products that have all labels and security elements affixed to the product at the time the consumer (or a third person designated by them) received it. The consumer loses the extended right of withdrawal if they use the product 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, buyer’s obligations, etc.) are governed by the above provisions regulating the right of unilateral withdrawal under the Consumer Protection Act.

IX. LICENSE

  1. Exclusive rights to the content available or published as part of the Online Store by the seller or its partners, in particular copyrights, the Online Store name (trademark), its graphic elements, software (including the app) and database rights, are legally protected and belong to the seller or entities with whom the seller has concluded relevant agreements. The customer has the right to use the above content, including the app, free of charge, and to use content published in accordance with the law and already distributed to other customers within the Online Store, but only for personal use and only for proper use of the Online Store, worldwide. Use of the content, including the app, in other fields is permitted only on the basis of the express prior written consent of the authorized entity, under penalty of nullity.
  2. By publishing any content as part of the Online Store (including via the app), in particular graphics, comments, opinions or statements in the user account or elsewhere in the Online Store, the customer grants the seller a non-exclusive, free license to use, record, modify, remove, complete, publicly perform, publicly display, reproduce and distribute (in particular on the Internet) such content worldwide. This right includes the right to grant sublicenses to the extent justified by the performance of the sales contract or service contract (including operation and development of the Online Store), as well as authorization to exercise derivative rights, independently or through third parties, for development, adaptation, modification and translation. To the extent the user does not have the right to grant the licenses under point IX.2, the customer undertakes to obtain such appropriate licenses for the seller.
  3. The customer is not entitled to translate, adapt, change the appearance or make any other changes to the app, including its source code, except as permitted by law. In addition, the customer is not entitled to use the app for commercial purposes.

X. PERSONAL DATA PROTECTION

  1. The seller processes the customer’s personal data as the controller of personal data processing.
  2. Providing personal data is voluntary, but necessary to open a user account, use certain electronic services, and conclude and perform the sales contract.
  3. Detailed information on personal data protection is available on the “Privacy Policy” page in the Online Store.

XI. TERMINATION OF THE SERVICE AGREEMENT AND CHANGES TO THE RULES

  1. The seller may terminate the Service Agreement or any license agreement with the customer granted under point IX at any time with one month’s notice for the following important reasons:

a. changes in laws governing the provision of electronic services by the seller that affect the mutual rights and obligations under the contract concluded between the customer and the seller, or changes in the interpretation of such legal provisions resulting from court judgments, decisions, recommendations or guidance of competent offices and bodies in a given field;
b. changes to the method of providing services caused exclusively by technical or technological reasons (in particular by updating technical requirements specified in these Rules);
c. changes in the scope or provision of services to which the Rules apply, by introducing new functionalities/services, modifying or withdrawing existing functionalities/services covered by the Rules.

  1. Notwithstanding paragraph 1, taking into account the seller’s particular care for the protection of the customer’s personal data and their processing over an appropriate period, the seller may terminate the Service Agreement with immediate effect in the event of the customer’s inactivity in the Online Store continuously for at least 3 years.
  2. The seller sends its statement referred to in paragraphs 1 and 2 to the e-mail address provided by the customer when placing an order, and if the seller does not have the customer’s e-mail address, [text incomplete in the original].
  3. The seller may terminate the Service Agreement or any license agreement granted under point IX with 7 days’ notice and/or refuse the customer further right to use the Online Store and place orders, and may restrict access to part or all content for important reasons, i.e., in the event of a serious breach of these Rules, in particular where the customer violates the provisions of point II, paragraph 7 a, c, d, e, h, i, j of the Rules (closed catalogue).
  4. For important reasons, i.e., in the event of a serious breach of these Rules by the customer, where the customer violated point II, paragraph 7 f or g of the Rules (closed catalogue), in order to prevent further damage, the seller may refuse to accept the customer’s offer for certain payment or delivery methods. This provision applies regardless of which identification data the customer provided and which data they submit when placing an order, and in particular if the customer also violates point II, paragraph 7 a of the Rules.
  5. If the customer places a new order and selects a certain payment or delivery method, the seller will contact the customer by e-mail to inform them of the serious breach and the non-acceptance of the offer using a specific payment/delivery method, indicating alternative payment or delivery methods. The provisions of point IV(5) of the Rules apply accordingly.
  6. A customer to whom paragraph 4 or 5 has been applied may use the Online Store or use a specific payment or delivery method after contacting the seller (via Customer Service) and obtaining the seller’s consent for continued use of the Online Store or the specific payment or delivery method.
  7. The Rules and their appendices constitute pre-contractual information under Article 57 of the Consumer Protection Act and the seller’s general terms and conditions.
  8. The seller is entitled to change these Terms of Use without prior notice. Such changes take effect upon publication on the website. Amendments to the Rules do not affect sales contracts concluded by the customer and the seller before the amendments.

XII. PROVISIONS ON CUSTOMERS WHO ARE NOT CONSUMERS (LEGAL ENTITIES)

  1. The provisions of this Section XII apply only to customers who are not consumers.
  2. The seller has the right to terminate a sales contract concluded with a non-consumer customer within 14 days from the date of its conclusion. Termination in this case may occur without stating reasons and will not give rise to claims by the non-consumer customer against the seller. The sales contract is terminated when the seller sends an appropriate statement to the customer in any form.
  3. For non-consumer customers, the seller has the right to limit available payment methods, including requiring full or partial advance payment, regardless of the payment method chosen and regardless of the conclusion of the sales contract.
  4. At the moment the seller hands the product over to the carrier for a non-consumer customer, the benefits and burdens related to the product and the risk of accidental loss, destruction or damage transfer to the customer. In this case, the seller will not be liable for loss, defects or damage arising from acceptance for transport until delivery to the customer, nor for shipment delays.
  5. The seller’s liability for material defects towards a non-consumer customer is excluded.
  6. For non-consumer customers, the seller may terminate the Service Agreement or any license agreement concluded under the Rules with immediate effect and without stating reasons by sending an appropriate statement to the customer in any form.
  7. Neither the seller nor its employees, authorized representatives or agents shall be liable to the customer, its subcontractors, employees, authorized representatives and/or agents for any damage, including loss of profit, unless the damage was caused intentionally.
  8. In any case where the seller’s liability is established, the burden of proof lies with the non-consumer customer. The seller’s liability is limited, for each individual claim and for all claims together, to the amount of the paid price and delivery costs under the last sales contract, but not more than €222.97.
  9. For all disputes between the seller and non-consumer customers, the court of the seller’s registered office shall have local jurisdiction.
  10. In relation to non-consumer customers, the seller may amend the Rules at any time.

XIII. FINAL PROVISIONS

  1. Contracts concluded by the seller are concluded in the Croatian language.
  2. Maintaining, securing and publishing the relevant provisions of the concluded information society service agreement is carried out by sending an e-mail to the e-mail address provided by the customer. This provision does not apply to the sales contract.
  3. Maintaining, securing, informing the customer of and confirming to the customer the relevant provisions of the sales contract is carried out by sending the customer an e-mail containing order confirmation. The content of the sales contract is additionally recorded and secured in the IT system of the Online Store. By placing an order via the trader’s website and accepting these General Terms, the customer agrees that the trader will issue and send the invoice to the customer electronically to the e-mail address provided during account registration and/or ordering. After conclusion of the sales contract, the seller provides the customer proof of purchase electronically or together with the shipment containing the product. The order specification may also be attached to the shipment. If the customer requests a VAT invoice, the customer agrees that the VAT invoice will be sent to the provided e-mail address. The seller may introduce technical methods of customer authentication before the customer obtains proof of purchase or a VAT invoice.
  4. The seller provides technical and organizational measures appropriate to the level of risk to the security of the functionalities or services provided under the service agreement. Use of electronic services is associated with typical threats related to data transmission over the Internet, such as dissemination, loss, or access by unauthorized persons.
  5. The content of the Rules is available to customers free of charge at the following URL: https://www.disimi.hr/opci-uvjeti, as well as within the app, from where customers may view and print it at any time.
  6. The seller informs that using the Online Store via a web browser or the app, including placing orders, as well as establishing a telephone connection with Customer Service, may be associated with the need to bear Internet connection costs (data transfer charges) or telephone connection costs, in accordance with the tariff package of the service provider used by the customer.
  7. In matters not covered by these Rules, generally applicable provisions of Croatian law apply, in particular the Obligations Act, the Electronic Commerce Act, the Consumer Protection Act and other relevant provisions of applicable laws.
  8. If the consumer has certain rights prescribed by mandatory regulations of the Republic of Croatia, such rights cannot be waived or removed by these Rules.