General terms and conditions
TERMS OF SALE
According to the Consumer Protection Act, minors or completely incapacitated persons cannot make distance purchases, only their legal representatives can do so.
The Consumer Protection Act (N.N.79 / 2007), Chapter VII. – Distance contract from Article 36. to Article 55. The buyer is any legal and natural person who makes an order and payment through the online store www.emergency-shop.eu. The seller is Matins d.o.o. , Sesvete, Ulica Nikole Neidhardta 18.
All prices are in Croatian Kuna and include VAT. We try to give the best and most accurate description and picture. However, we cannot guarantee that all of the above information and images of the appliance are completely accurate. If, due to an error or oversight, the price published in the Web Shop is incorrect or has changed in the meantime, we reserve the right to change. Matins d.o.o. reserves the right to inform you about the change or correctness of the price and to give you the opportunity to confirm or cancel your order. If the ordered products are sold until we receive payment on our account, we will inform the buyer and offer him a similar product or refund.
IN CASE OF IMPOSSIBILITY OF DELIVERY OF REQUESTED AND PAID ITEMS BY OFFER OR WEB SHOP ORDER MATINS d.o.o. IT IS OBLIGATED TO RETURN ALL PAYMENT OF FUNDS TO THE PAYER (BUYER) WHO DEPOSED THE SAME ON THE ACCOUNT OF THE COMPANY FOR THE PURPOSE OF PURCHASING THE DISPUTED ITEMS.
According to the new law that applies to all owners of online stores throughout the EU, including Croatia, Matins d.o.o. gives you the opportunity to resolve any disputes when shopping online through the ‘Online dispute resolution’ platform. More information can be found HERE (http://ec.europa.eu/consumers/odr/). The platform has been active since February 15, 2016. year.
The new online platform is now strengthening confidence in online shopping, making an important contribution to the EU’s digital single market strategy.
We accept complaints according to the manufacturer’s specification for the product you purchased. Each product that is returned goes to an authorized service center for inspection. We do not change the products in the store before they are inspected by an authorized service center. We will not test products in the store for basic functionality, nor will we detect a malfunction on the spot.
Service and spare parts are provided by an authorized representative for Croatia. You can take the defective device directly to an authorized service center or bring it to our branch office, after which we will forward it to an authorized service center. We are not an authorized service and we do not determine whether a product is correct or not, nor do we decide whether it will be replaced / repaired, we forward all complaints to authorized services. When reporting a defective product, be sure to enclose a copy of the invoice, warranty card, description of the defect and complete documentation and original packaging. The warranty does not cover damage caused by improper handling, mechanical damage, damage due to lightning, excessive voltage or wear and tear of the device.
When delivering the purchased goods, the buyer should check the contents of the shipment for all the associated parts listed in the manufacturer’s specification. In case of defects, please inform us as soon as possible, and no later than within 48 hours of receiving the purchased goods. Subsequent complaints will not be taken into consideration!
Material defects for which the seller is responsible
(1) The seller is liable for material defects of the items she had at the time of the transfer of risk to the buyer, regardless of whether 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) A defect that occurred within six months of the transfer of risk is presumed to have 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.
(4) Not liable for a minor material defect.
When there are material deficiencies
1) if the thing does not have the necessary characteristics for its regular use or for trade,
2) if the item does not have the necessary characteristics for the special use for which the buyer procures it, and which was known to the seller or must have been known to him,
3) if the thing does not have properties and characteristics that are explicitly or tacitly agreed, ie prescribed,
4) when the seller has handed over a thing that is not identical to the sample or model, unless the sample or model is shown only for information,
5) if the thing does not have characteristics that otherwise exist in other things of the same type and that the buyer could justifiably expect from the nature of the thing, especially taking into account public statements of sellers, manufacturers and their representatives about the properties of things (advertisements, markings, etc.),
6) if the item is incorrectly installed, provided that the installation service is included in the fulfillment of the sales contract,
7) if the incorrect installation is due to deficiencies in the installation instructions.
If the buyer expected certain characteristics 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.
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 ocupation and profession as the customer could easily notice during the usual inspection of things could not remain unknown to the buyer.
(3) Regulation 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.
Inspection of things and visible defects
(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 notify the seller of visible defects within eight days, and in the case of a trade contract without delay, otherwise he loses the right that belongs to him on that basis.
(2) When the inspection is performed in the presence of both parties, the buyer is obliged to notify the seller immediately due to visible deficiencies, otherwise he loses the right that belongs to him on that basis.
(3) If the buyer has shipped the item without transhipment and the seller was aware of or must have known the possibility of such further shipment, the inspection of the item may be postponed until its arrival at a new destination, in which case the buyer must notify the seller about the defects as soon as he could find out about them from his clients.
(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 inform the seller of the existence of visible defects within two months from the date of discovery of the defect.
(1) If after receiving the goods from the buyer, it turns out that the thing has a defect that could not be detected by normal inspection when taking over the thing, the buyer is obliged, under threat of loss of rights, to notify the seller within two months when the defect was 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 thing 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 contract may extend the deadlines referred to in regulation 2. and 3. of this article.
REMOTELY ACQUIRED GOODS
According to the Consumer Protection Act, goods purchased remotely (when it is not a personal collection but sent by courier service) can be returned (at your own expense) within 15 days of receipt and you are in accordance with Article 77. paragraph 5. Of the Consumer Protection Act are responsible for any impairment of the value of the purchased product resulting from the handling * of the purchased product. The order cancellation period starts from the day the customer receives the product. The buyer must notify the seller of the cancellation of the order in writing. The order is considered canceled when the seller receives written notice. In case of cancellation of the order, the buyer is obliged to return the product to the seller at his own expense. The product returned by the buyer to the seller must be in the original packaging, with all associated parts, undamaged and completely valid.
In order to be entitled to unilaterally terminate this Agreement, you must notify us of your decision to terminate the Agreement unilaterally before the deadline by an unequivocal statement sent by mail, fax or e-mail stating your name, address, telephone number, fax or e-mail address, and you can use the attached example of the form for unilateral termination of the contract from Part B of this Annex.
The deadline for unilateral termination is 15 days from the day: (it is necessary to choose one of the options)
(a) where the goods subject to the contract have been handed over to you or to a third party designated by you other than the carrier
– in case of concluding a sales contract
when the last piece or the last consignment of goods has been handed over to you or to a third person designated by you, who is not a carrier
– in the case of concluding a contract relating to several pieces of goods to be delivered separately, or in the case of goods delivered in several pieces or more consignments
(c) »when the first item or the first consignment of goods has been handed over to you or to a third party designated by you other than the carrier,
– if regular delivery of goods has been agreed for a certain period of time
(d) “contract conclusion”,
You can terminate the contract unilaterally within 15 days without giving a reason
In order to be entitled to unilaterally terminate this Agreement, you must notify us of your decision to terminate the Agreement unilaterally before the deadline by an unequivocal statement sent by mail, fax or e-mail stating your name, address, telephone number, fax or e-mail address, and you can use the attached example of a form for unilateral termination of the contract: (attached document Standardni_informacijski_obrazac_za_jednostrani_raskid_ugovora)
The consumer is not entitled to unilateral termination of the contract if:
1. the service contract is fully fulfilled by the trader, and the fulfillment began with the explicit prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully fulfilled
2. the subject of the contract for goods or services whose price depends on changes in the financial market that are beyond the influence of the trader, and which may occur during the consumer’s right to unilateral termination of the contract
3. the subject of the contract is goods made to the consumer’s specification or clearly adapted to the consumer
4. the subject of the contract is perishable goods or goods which are rapidly expiring
5. 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
6. the subject of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery
7. subject of the contract delivery of alcoholic beverages whose price was agreed at the time of concluding the contract, and delivery may follow only after 30 days, if the price is dependent on changes in the market that are beyond the influence of the trader
8. the consumer specifically requests a visit from the trader to perform urgent repairs or maintenance work, provided that during such a visit, in addition to those services explicitly requested by the consumer, the trader provides other services, or delivers other goods than necessary to carry out emergency repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in relation to these additional services or goods
9. subject of the contract for the supply of sealed audio or video recordings, or computer programs which are unsealed after delivery
10. the subject of the contract is the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications
11. contract concluded at a public auction
12. subject of the contract provision of non-residential accommodation services, provision of transport services, car rental services, food and beverage delivery services or leisure services, if it is agreed that the service will be provided on a certain date or in a certain period
12. predmet ugovora pružanje usluge smještaja koji nije namijenjen stanovanju, pružanje usluge prijevoza robe, usluge najma vozila, usluge isporuke hrane i pića ili usluga vezanih uz slobodno vrijeme, ako je ugovoreno da usluga bude pružena određenog datuma ili u određenom razdoblju
Consumer responsibility for impairment of goods
With regard to the consumer’s liability for impairment of goods, the trader is obliged to inform the consumer of the following:
“You are responsible for any impairment of the goods resulting from the handling of the goods, other than what was necessary to determine the nature, characteristics and functionality of the goods.”
The cost of returning the goods in case of complaint is paid by the buyer, and the cost of sending the goods from the service or complaints are borne by Matins d.o.o.
In case the complaint is “false” and unfounded, the cost of diagnostics and sending the goods from the service is borne by the buyer.
GOODS PURCHASED IN PHYSICAL STORE
We are not responsible for wrongly purchased goods. In case of return of correct goods, we charge you for the amount of 20% of the value of the returned goods for manipulative costs of return, or a minimum amount of 100 kn. Valid products can be returned within 15 days of purchase. The product returned by the buyer to the seller must be in the original packaging, with all associated parts, undamaged and completely valid. The cost of returning the goods in the event of a complaint is borne by the buyer. The buyer picks up the returned goods at the place where they are returned. In case the complaint is “false” and unfounded, the cost of diagnostics is borne by the buyer.
RETURNS POLICY – DECREASE IN THE VALUE OF THE PRODUCT
The buyer is in accordance with Article 77. paragraph 5. of Consumer Protection Act responsible for any impairment of the purchased product resulting from the handling of the purchased product.
In case of return of used goods, not all associated packaging or not restored to its original condition as on the day of purchase we charge you for the amount of 20% to 50% of the value of returned goods for manipulative costs of return, or a minimum of 100 kn. In case of return of goods visibly used Matins d.o.o. has the right to refuse the refund in full.
Matins d.o.o. determines the conditions of return – the percentage of reduction in the amount of return to the customer due to impairment of the value of the product.
INFORMATION ON THE WEB STORE
Matins d.o.o. makes every effort to keep the information on the web store website up to date and accurate. Matins d.o.o. cannot guarantee the 100% accuracy of all displayed information about products and services. In exceptional cases, discrepancies between actual data and data available on the website are possible. Matins d.o.o. commits itself in such case to revise the order and contact the buyer to personally agree on alternatives. Likewise, product photos do not always correspond to products that are actually available and should only be understood as an informative illustration. For any additional information contact the sales department of Matins d.o.o.
The website www.emergency-shop.eu is owned by Matins d.o.o. All content on www.emergency-shop.eu such as texts, graphics, trademarks, icons, audio and video recordings, digital downloads, software packages and data are the property of www.emergency-shop.eu or our suppliers content and are protected by domestic and international regulations on the protection of copyright and related rights or industrial property rights and their unauthorized use is a violation of regulations on the protection of intellectual property rights. All software used on www.emergency-shop.eu is the property of www.emergency-shop.eu or the software solutions and is protected by copyright and related rights regulations.
If you use this site, you are responsible for the privacy of your user account – username, password and other personal information as well as for restricting access to your computer. You accept responsibility for all activities performed using your username and password.
When you visit www.emergency-shop.eu or send us an e-mail, you communicate with us electronically. With this you agree to electronic communication with www.emergency-shop.eu. We communicate with you via e-mail or with the help of information on the website www.emergency-shop.eu. With this you agree to all rules, warnings, notices and other messages through which we communicate with you.
REVIEWS, COMMENTS AND OTHER CONTENTS
Visitors can post Reviews, Comments and other content; send e-greeting cards and other forms of communication and send suggestions, ideas, comments, questions and other information, as long as these contents are not illegal, obscene and threatening in nature, and are not intended to discredit someone’s good name, violate privacy, infringe intellectual property rights, persons or similar in nature. It is not allowed to send and share software viruses, political campaigns, chain letters, mass sending of e-mails, or any other form of SPAM. It is not allowed to use incorrect or third-party e-mail addresses, impersonation of another person and / or organization or any other misleading source of content and communication. Matins d.o.o. reserves the right (but not the obligation) to delete or modify such content, but not to regularly check all posted content.
REPORTS OF VIOLATIONS AND RIGHTS
Matins d.o.o. respects the intellectual property rights and other rights of third parties. If you believe that your work has been copied or your rights have been violated in any other way, please let us know.
RISK OF LOSS
All products, services and other items on the website www.emergency-shop.eu are the property of Matins d.o.o. In the case of a contract of sale, the risk of accidental loss or damage to the goods passes to the consumer when the goods are handed over to him or to a person named by him other than the carrier. If the carrier was chosen at the proposal of the consumer, the risk of accidental loss or damage to the goods passes to the consumer at the time the goods are handed over to the carrier.
Out-of-court dispute resolution mechanism
It is done in accordance with the recommendation of the EU Commission (2001/310 / EC)
Code of Conduct
They are defined by Article 5 item 18 of the Consumer Protection Act.
“Code of Conduct” means an agreement or set of rules not enacted in the form of a law or other regulation, which regulates the manner of conduct of traders who have undertaken to comply with these rules of conduct in relation to one or more business practices or economic sectors.
Abuse of www.emergency-shop.eu
Matins d.o.o. make every effort to keep this site in good and secure condition. Please report any problems and abuses, offensive content and violations of these and other rules to us. Matins d.o.o. reserves the right, without limiting other legal remedies, to limit, suspend or terminate our services and user accounts, prohibit access to the www.emergency-shop.eu website, delete or modify the content it serves, and take technical and legal methods and steps to prevent users from accessing the Site if we believe they are creating problems, disobeying laws or behaving in accordance with these General Terms and Conditions. Matins d.o.o. also reserves the right to terminate unverified user accounts.
DECLARATION OF RESPONSIBILITY
THIS PAGE IS USED ON THE PRINCIPLE OF “AS IS” AND “AS AVAILABLE”. YOU EXPRESSLY AGREE TO USE THIS SITE AT YOUR PERSONAL RESPONSIBILITY AND PERSONAL RISK.
MATINS d.o.o. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, E-MAILS SENT BY MATINS d.o.o. UNINFECTED WITH VIRUSES OR OTHER HARMFUL COMPONENTS. MATINS d.o.o. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE INCURRED BY THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACCIDENTAL AND CONSEQUENTIAL DAMAGES.
MATINS d.o.o. WILL NOT BE RESPONSIBLE FOR THIRD PARTY ACTIONS.
The Seller and the Buyer will try to resolve any disputes by agreement and amicably, otherwise the Court in the place of the Seller headquarters shall have jurisdiction.
The Genereal Terms and Conditions of Business and the conclusion of distance contracts by means of remote communication are primarily subject to the General Terms and Conditions of Business and Use stated here, unless the contracting parties (Seller and Buyer) agree otherwise. General Terms and Conditions of business and use are subject to the Consumer Protection Act (OG 41/14) and the Obligations Act (OG 35/05 and OG 41/08).
Rules for the use of the site, modifications of the rules and separability
All items purchased in the store Matins d.o.o. have a warranty. Most items, depending on the manufacturer, have a warranty of more than one year. The warranty card is an integral part of the delivery with the ordered product to the customer. The buyer is obliged to keep the warranty card and invoice for the entire period of the warranty period. The invoice and the warranty card are the only documents with which the buyer can exercise his rights.
Matins d.o.o. guarantees an authorized service selected by the manufacturer for items purchased by the customer directly from Matins d.o.o. in accordance with the general warranty and service conditions provided by the manufacturer of individual items.
With the warranty, the product manufacturer guarantees you free repair of the purchased product in accordance with the applicable regulations and conditions described in the warranty card. In the event of non-compliance with this obligation, the guarantor will replace the product with a new one or refund you. The warranty period begins on the day of sale of the device, which is entered in the warranty card and stamped and signed.
The warranty does not cover damage caused by improper handling, mechanical damage, damage due to lightning, excessive voltage or wear and tear of the device. In order to avoid misunderstandings, during the delivery, it is the duty of the seller and the buyer to inspect the product and to point out possible mechanical damage, in which case the product will be replaced.
The Seller and the Buyer will try to resolve any disputes by agreement and amicably, otherwise the Court in the place of the Seller’s headquarter shall have jurisdiction.