Right To Unilateral Agreement Termination
The consumer can unilaterally terminate the agreement within 14 days, without giving reasons.
The 14 days term starts with the date when the product was delivered into the possession of the consumer, or a third person designated by the consumer, except the delivery service.
If the consumer orders multiple pieces of a product that need to be delivered separately, i. e. if the goods in case must be delivered in more than one piece or more than one shipment, the 14 days term starts with the date when the first such piece or the first shipment of the product was delivered to the consumer, or a third person designated by the consumer, except the delivery service.
In case that the consumer was not notified about their rights regarding the agreement termination, the right of the consumer to unilaterally terminate the agreement expires 12 months after the 14 days term expiration. In case that the Seller notified the consumer about their rights regarding unilateral agreement termination within 12 months, the right to unilaterally terminate the agreement expires 14 days after the date when the consumer received such a notification.
In order to execute their rights regarding the unilateral agreement termination, the consumer must inform the Seller about their decision to unilaterally terminate the agreement in the term no later than 14 days, and with an unambiguous statement sent by mail to NITUI GROUP d.o.o. Horvaćanska 156, Zagreb or by e-mail to email@example.com , where the consumer must state their name and surname, address, telephone or fax number, or e-mail address, and the consumer may, according to their choice, also use the unilateral agreement termination form.
The acknowledgement of receipt of the unilateral agreement termination statement by the Seller will be sent to the consumer immediately by e-mail. In case of agreement termination, each party shall return to the other party everything that it received based on the terms of the agreement. Except in cases when the Seller offers to personally take over the goods that the buyer wants to return, the Seller shall make the cash refund only after such goods are actually returned, or when the buyer provides proof that the goods were sent back to the Seller, in case that the Seller was notified about it before the goods were delivered.
The Seller has no obligation to refund additional costs that result from the buyer’s explicit choice of means of delivery, different from the least expensive means of standard delivery offered by the Seller. The Seller must perform the refund using the same means of payment used in the consumer’s order, except in cases where the Seller explicitly agrees to some other means of payment, provided that the consumer would not be obliged to pay for any other costs incurred because of such a refund.
Except in case when the Seller offers to take over the goods that the consumer wants to return in person, the consumer must return the goods without delay and no later than 14 days from the date when they informed the Seller about their decision to terminate the agreement. It is considered that the consumer fulfilled their commitment regarding the timely return of goods when they mail the delivered goods to the Seller, or a person designated by the Seller to receive the goods.
All direct costs of product return are to be borne by the consumer. The consumer is responsible for any incurred reduction of the value of goods that resulted from usage, except such usage that was necessary to determine the product’s nature, characteristics and functionality.
In order to make it possible for the consumer to determine the nature, characteristics and functionality of the goods, they can use and inspect the goods exclusively in a way that is usual when purchasing goods at the Seller’s premises. The buyer can not wear, use nor perform any other activity that reduces the value of the goods for the goods that the buyer wants to return within 14 days.
During the period when the consumer has the right to return the goods, they must keep the goods with due care, and must behave as a particularly careful and conscientious person. In the case that the value of the product is reduced as the result of product use, the Seller will be compensated from the amount of the payment received in the proportion of the impairment of the goods, according to the Seller’s own estimate, taking into account objective criteria in each individual case.
The right to termination of the purchase agreement does not exist in cases when:
– the subject of the contract are goods that were made according to the consumer’s specification, or were obviously tailor-made for the consumer.
– the subject of the contract are sealed goods that, because of health or sanitary reasons, are not suitable for return if they have been unsealed upon delivery,
– the subject of the contract are goods that are, due to their nature, inseparably mixed with other items,
For legal entities, the provisions of the Civil Obligations Act (Zakon o obveznim odnosima) and Electronic Commerce Act (Zakon o elektroničkoj trgovini) are in force. Click here for the online form of unilateral agreement termination.
How to submit a written customer complaint
The consumer can send complaints, according to the provisions of Art. 10. of the Civil Obligations Act (Zakon o obveznim odnosima), by mail to NITUI GROUP d.o.o., Horvaćanska 156, 10 000 Zagreb, by e-mail to firstname.lastname@example.org , or personally at the premises of the Seller at the address NITUI GROUP d.o.o., Horvaćanska 156, 10 000 Zagreb.
In order to make it possible for NITUI GROUP d.o.o. to respond to the written complaint which was not sent by e-mail, the consumers are kindly asked to state correct information about their name and surname, and the address where the reply is to be delivered. By law, NITUI GROUP d.o.o. must reply to any customer complaint in written form within 15 days latest after the reception of the complaint.
In case of dispute, NITUI GROUP d.o.o. and the consumer will resolve the conflict peacefully, and if this is not possible, the Municipal Civil Court (Općinski građanski sud) in Zagreb is the competent court, with the application of Croatian law. The dispute resolution is also possible at The Court of Honor of Croatian Chamber of Economy, or other meditation centres.
With consumer’s acceptance of the General Terms and Conditions, they also accept all other terms and conditions mentioned at the www.nitui.eu Site, as well as all other regulation published on the Site. If a consumer does not agree to any stipulations of the pre-contractual information, or of the General Terms and Conditions, they are kindly asked not to use www.nitui.eu website and not to conclude any sales agreement.
NITUI GROUP d.o.o. retains the right to modify these General Terms and Conditions and other regulation without prior notice. The General Terms and Conditions are in accordance with the laws of the Republic of Croatia.
In regard to the written consumer complaint, these rules and regulations do not apply to legal persons; the rules and regulations of the Civil Obligations Act (Zakon o obveznim odnosima) and the Electronic Commerce Act (Zakon o elektroničkoj trgovini) apply instead.