Terms of purchase
NOTICE ON THE MANNER OF SUBMITTING A WRITTEN COMPLAINT OF THE CONSUMER
In accordance with Art. 10 para. 3 of the Consumer Protection Act (Official Gazette 41/14), we inform consumers that they can file a complaint expressing their dissatisfaction with the purchased product or service in writing at these business premises and they will be acknowledged in writing without delay. Complaints can also be submitted by mail to the address:
EKO KAMINI d.o.o.,
Karlovačka cesta 52c, 10020 Zagreb
e-mail address: firstname.lastname@example.org,
We will respond to the written complaint of the consumer in writing no later than 15 days from the date of receivement of the complaint, so please in your complaint provide your contact address for delivery of the response.
These terms of purchase determine the procedure for ordering, payment, delivery and complaints of products offered in the online store www.ekokamini.hr of the company EKO KAMINI d.o.o. In the said online store, the company EKO KAMINI d.o.o. is in the role of the Seller, and the Buyer is any visitor who through the webshop or in any other way orders one or more products from the Seller.
The Buyer is responsible for the accuracy and completeness of the data entered during the registration and / or ordering of the product.
In addition to the products in the online catalog, we try to give the most accurate description and image of the product, but despite this, we do not take responsibility for the complete accuracy of the information provided. In case of dissatisfaction with the purchased product, each customer has (without giving a special reason) the right to complain and refund in accordance with the applicable Consumer Protection Act.
All prices on the web shop www.ekokamini.hr are expressed in HRK for cash payment and contain the calculated legal VAT rate.
EKO KAMINI d.o.o. reserves the right to change the prices of individual products, and the same will be accessed only in the event of a significant price change by the supplier. The prices stated in the offer (which we will deliver to you based on your order) cannot be changed during the validity of the offer and are binding for EKO KAMINI d.o.o. as the Seller.
All products offered in our web store can be ordered via webshop, by phone, fax or by e-mail: email@example.com
Orders are processed on weekdays Mon-Fri 08-16 hours and Saturdays 08-13 hours.
After each received order (either via the electronic form of the web shop, or in some other way), the Buyer will be sent an offer with the stated validity period, deadline and method of delivery, and instructions for payment.
When paying by credit card, a special offer will not be submitted, but the delivery of paid goods will be accessed based on the customer’s order.
Customers are offered different payment models:
- General payment slip / order (payment at the bank, post office, FINA counter or Internet banking)
- By paying at the point of sale in cash and all types of credit and debit cards.
Payment by general payment slip or bank transfer:
After receiving your order, we will send you a non-binding offer to your e-mail. You can make a payment according to the offer by personal internet banking or in any branch of the bank, Fina, post office … After visible payment or submitted proof of payment, we deliver the purchased products to the desired delivery address.
Payment by cards at the point of sale
Payment in installments WITHOUT INTEREST:
- AMERICAN Express (AMEX) cards up to 6 installments
- DINERS cards up to 12 installments – without interest
- ZAGREBAČKA BANKA cards up to 12 installments
- PBZ BANKA cards up to 12 installments
Payment in installments with the contract:
- AMERICAN Express (AMEX) from 24 to 60 installments
- DINERS cards up to 60 installments
- MASTERCARD cards (Zagrebačka banka) up to 36 installments
For the purpose of payment by debit cards in installments, it is necessary to have an activated service by the bank of the card issuer.
After the payment on the offer / proforma invoice (or payment by credit card) is recorded in our transaction account (or you provide us with proof of payment), the purchased goods will be ready for delivery.
EKO KAMINI d.o.o. obligates themselves to deliver all ordered and paid products for delivery within the period specified in the offer according to which you made the payment. Products available in our own stock in the web shop are marked “Available” while products available in the warehouses of business partners and general importers are marked “Available” and are available on order. If EKO KAMINI d.o.o. for some reason is not able to deliver all ordered products, will contact the Customer in a timely manner and depending on his desire to arrange an extended delivery time, replacement product or cancellation of the order.
The Buyer is fully protected from the situation of impossibility of delivery of any of the ordered and paid products, since the offer submitted to the Buyer and paid for is made after checking the availability of the product, which is then reserved at the Seller’s warehouse. In the event that due to unforeseen reasons (force majeure or similar) the Seller is unable to deliver the paid products, EKO KAMINI d.o.o. undertakes to return the paid funds to the Buyer within 2 working days.
Delivery is made every working day and the purchased goods to the desired address for the territory of Croatia are made within 2-3 working days. Delivery is made to the entrance to the residential building. In the case of a residential building, the delivery person is not obliged to carry the goods to the floor where the buyer is located, but only to the entrance to the building.
The cost of delivery of purchased products to the desired address depends on the transport weight of the product.
In case of bulkiness and non-standard dimensions of the shipment, we reserve the right to increase the price of transport in accordance with the price list of the carrier. In the event of a stated increase in the delivery price, the total cost of delivery to the customer’s address will be clearly stated in the offer that we will send you based on your inquiry.
Delivery of products is done by own delivery vehicles of the company EKO KAMINI d.o.o. or through the logistics companies LAGERMAX AED d.o.o., Overseas Express and GLS d.o.o.
When taking over the product, the buyer is obliged to check for any damage and immediately report it to the delivery worker who delivered the goods, ie refuse to take over the shipment on which external damage is visible. Otherwise, subsequent complaints will not be accepted.
If during the purchase, as a way of taking over the purchased goods, the buyer chooses to pick up the goods in person at the seller’s address, delivery costs are not charged.
In accordance with the provisions of Article 72 of the Consumer Protection Act, the consumer may, without giving a reason, terminate the purchase contract within 14 days from the date of receipt of the purchased products, and demand a refund from the seller.
The User has no right to unilaterally terminate the Agreement:
– if the service has been fully performed and the performance has started with his explicit prior consent and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the Contract if the service is fully performed,
– if 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,
– if the subject of the Contract is goods which, due to their nature, are inseparably mixed with other things after delivery,
– if the subject of the Contract is the delivery of sealed audio or video recordings, or computer programs, which are unsealed after delivery, and
– if the subject of the Contract is the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications.
In order for the buyer to exercise the right to unilateral termination of the Contract, EKO KAMINI d.o.o. on its decision on unilateral termination of the Agreement before the deadline by a statement sent by mail to the address EKO KAMINI d.o.o., Karlovačka cesta 52c, 10020 Zagreb, by fax on 01 6140 056 or by e-mail to firstname.lastname@example.org, and a written form can be used for unilateral termination of the Agreement. You will receive a response within the legal deadline of 15 days from the date of receipt of the complaint.
The deadline for unilateral termination of the Contract is 14 (fourteen) days from the day when the user or a third party designated by the user, who is not a carrier, the goods subject to the Contract are handed over, or in case of service, from the conclusion of the Contract.
If the user unilaterally terminates the Agreement, he will be refunded the money received from him, including delivery costs, without delay, and no later than 14 (fourteen) days from the date when EKO KAMINI d.o.o. receive the user’s decision to unilaterally terminate the Agreement, unless the user has chosen another type of delivery, which is not the cheapest standard delivery offered. The refund will be made in the same way as the user made the payment. In the event that the user agrees in another way to refund the amount paid, he does not bear any costs in relation to the refund. Money back EKO KAMINI d.o.o. may be executed only after the goods have been returned or after proof has been provided that the goods have been sent to the address of the registered office of the company.
The user is obliged to deliver the goods or send them to the address EKO KAMINI .d.o.o. Karlovačka cesta 52c, 10020 Zagreb, without undue delay, and in any case no later than 14 (fourteen) days from the day when EKO KAMINI d.o.o. u referred his decision to unilaterally terminate the Agreement. The direct costs of returning the goods must be borne by the user. Before terminating the Agreement, the User is asked to call the telephone number 01 6141 894 or call email@example.com in order to be explained the procedure for returning the goods.
In accordance with the Law, the user is 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.
Liability for material defects in accordance with the Law on Obligations (N.N. 35/05 and 41/08):
Material defects for which the seller is responsible
(1) The seller is liable for material defects of the things she had at the time of the transfer of risk to the buyer, whether or not he was aware of it.
(2) The seller is also liable for those material defects that occur after the transfer of risk to the buyer if they are the result of a cause that existed before.
(3) It is presumed that the defect that occurred within six months of the transfer of risk existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the thing or the nature of the defect.
When there are material deficiencies
(1) Deficiency exists:
1) if the thing does not have the necessary properties for its regular use or for trade,
2) if the thing does not have the necessary properties for the special use for which the buyer is procuring it, and which was known to the seller or must have been known to him,
3) if the thing does not have the properties and characteristics that are explicitly or tacitly agreed, ie prescribed,
4) when the seller has handed over a thing which is not identical to the sample or model, unless the sample or model is shown for information only,
5) if the thing does not have properties that otherwise exist in other things of the same type and which the buyer could reasonably expect according to the nature of the thing, especially taking into account public statements of sellers, manufacturers and their representatives about the properties of things (advertisements, marking things, etc.),
6) if the item is improperly installed provided that the installation service is included in the performance of the sales contract,
7) if improper installation is due to deficiencies in the installation instructions.
(2) If the buyer expected the existence of certain properties based on the statements of the manufacturer or his representative, the defect is not taken into account if the seller did not know or should have known about these statements, or these statements were refuted by the time of the contract or did not affect the buyer’s decision. to enter into a contract.
(3) The manufacturer, in terms of liability for material defects and guarantees for the correctness of the sold item, is the manufacturer of the item, importer of the item and any other person posing as the manufacturer by putting his name or name, trademark or other mark on the item.
Defects for which the seller is not responsible:
(1) The seller is not liable for defects if at the time of concluding the contract they were known to the buyer or could not remain unknown to him.
(2) It is considered that the shortcomings that a caring person with average knowledge and experience of a person of the same occupation and profession as the customer could easily notice during the usual inspection of things could not remain unknown to the buyer.
(3) The provision of paragraph 2 of this Article shall not apply to contracts concluded by a natural person as a buyer outside his economic or professional activity with a natural or legal person acting as a seller within the scope of his economic or professional activity (consumer contract).
(4) But the seller is also liable for defects that the buyer could easily notice if he stated that the thing has no defects or that the thing has certain properties or characteristics.
Overview of things and visible shortcomings
(1) The buyer is obliged to inspect the received item in the usual way or give it for inspection, as soon as possible according to the regular course of events, and to notify the seller of visible defects within eight days, and in the case of a trade contract without delay, otherwise belongs to.
(2) When the inspection is performed in the presence of both parties, the buyer is obliged to notify the seller of his remarks due to visible defects immediately, otherwise he loses the right that belongs to him on that basis.
(3)If the buyer has shipped the item without reloading, and the seller was aware or should have been aware of the possibility of such further shipment at the time of concluding the contract, the inspection of the item may be delayed until it arrives at the new destination, in which case the buyer was able to find out about them from his clients according to the regular course of events.
(4) In consumer contracts, the consumer as a buyer is not obliged to inspect the item or give it for inspection, but is obliged to notify the seller of visible defects within two months from the date of discovery of the defect, and no later than two years from the transfer of risk to the consumer.
(1)When, after receiving the goods from the buyer, it turns out that the thing has a defect that could not be detected by the usual inspection when taking over the thing, the buyer is obliged, under the threat of loss of rights, to notify the seller within two months. discovered, and in the case of a commercial contract – without delay.
(2) The seller is not liable for defects that appear after two years have elapsed since the delivery of the goods, and in the case of a commercial contract six months.
(3) In the case of the sale of second-hand goods, the contracting parties may agree on a period of one year, and in the case of trade contracts, a shorter period.
(4) The deadlines referred to in paragraphs 2 and 3 of this Article may be extended by a contract.
Deadlines in case of repair, replacement, etc.
When, due to a defect, the item is repaired, another item is delivered, parts are replaced, etc., the deadlines from the previous two articles begin to run from the delivery of the repaired item, replacement of parts and the like.
(1) In the notice of defect, the buyer is not obliged to describe the defect in detail and invite the seller to inspect the thing, unless it is a commercial contract.
(2) If the notice of defect sent by the buyer in a timely manner by registered letter, telegram, fax or other reliable means is delayed or does not reach the seller at all, the buyer shall be deemed to have fulfilled his obligation to notify the seller.
Out-of-court settlement of consumer disputes:
In the event of a dispute between a consumer and a trader, an application may be submitted to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Trades and Crafts or a proposal for conciliation at conciliation centers.
Proceedings before the courts of honor referred to in paragraph 1 of this Article shall be conducted in accordance with the Ordinance on the Court of Honor at the Croatian Chamber of Commerce and the Ordinance of the Court of Honor at the Croatian Chamber of Trades and Crafts.
Conciliation before the conciliation centers referred to in paragraph 1 of this Article shall be carried out in accordance with the provisions of the Conciliation Act, and in accordance with the Ordinance on conciliation of the conciliation center referred to in paragraph 1 of this Article.
The Croatian Chamber of Commerce and the Croatian Chamber of Trades and Crafts, with the consent of the Minister responsible for consumer protection, shall make decisions on costs in proceedings before the Court of Honor of the Croatian Chamber of Commerce and the Court of Honor of the Croatian Chamber of Trades and Crafts.
ONLINE dispute resolution platform:
By a special regulation of the European Union, from 15 February 2016, throughout the EU, disputes related to online shopping can be resolved through the ODR platform, which you can access here. ovdje.
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 easier way at the link above.
The platform can be used by both consumers and traders, and complaints can be lodged in any of the 23 official EU languages.
The company EKO KAMINI d.o.o. undertakes to provide protection of personal data of customers, by collecting only the necessary, basic data on customers / users that are necessary to fulfill our obligations; informs customers about how to use the collected data, regularly gives customers a choice about the use of their data, including the ability to decide whether or not to have their name removed from the lists used for marketing campaigns. All user data is strictly kept and is only available to employees who need this data to do the job. All employees of EKO KAMINI .d.o.o.a and business partners are responsible for respecting the principles of privacy protection.
EKO KAMINI d.o.o.
Karlovačka cesta 52c
tel: 01 7789 544,
tel. of the shop: 01 6141 895,
Business hours: Mon-Fri 8:00 – 19:00h, Sat 8:00 – 13:00h