Return and reclamation
RETURN/COMPLAINT OF GOODS
If the buyer is dissatisfied for any reason, they can file a complaint to the Seller (APITAL d.o.o.) via email at: info@apital.hr or in writing to the address: APITAL d.o.o., Braće Radić 30, 10 340 Vrbovec, Croatia.
The buyer is entitled to return goods in the following cases:
- Delivery of goods that were not ordered
- Delivery of goods past their expiration date
- Delivery of goods with defects or damage not caused during transport
The Seller will confirm receipt of the complaint in writing without delay and will respond to the Customer within 15 (fifteen) days from the date the complaint is received, in accordance with the Consumer Protection Act.
The Seller will fully accept the return of damaged, defective, or incorrectly delivered goods at its expense if the complaint is deemed justified and if it is confirmed that the Customer has not affected the integrity, damage, or any deficiency of the goods.
In the case of a justified complaint, the Buyer is entitled to a contract termination with a refund of the paid amount or replacement with a correct, undamaged, and valid product.
If it is not possible to deliver other goods, the Seller will reimburse the Customer for their return costs and the value of the goods that can no longer be delivered.
The Customer does not have the right to return products that have been opened/used. All goods sold are properly stored in their original packaging. The expiration date indicated on the packaging is valid only if the goods are stored as specified on the label.
ELECTRONIC COMMUNICATION
By visiting and using the website www.apital.hr, you accept communication via electronic means. By doing so, you accept that all agreements, notifications, announcements, and other content delivered to you electronically comply with legal frameworks as if provided in writing. If the visitor or user does not have an email address, provides an incorrect one, or is unable to receive emails for technical reasons, the seller is not obliged to notify the user by any other means about the order, delivery, payment, refund, complaint, or similar details. By selecting the Newsletter Subscription option, you grant us permission to include you in our marketing and other activities stated in the Newsletter Subscription.
There are no costs associated with remote communication methods.
NOTICE ON FILING CONSUMER COMPLAINTS
In accordance with Article 10, paragraph 3 of the Consumer Protection Act ("Official Gazette, no. 41/14, 110/15), we inform consumers that they can submit a written complaint regarding dissatisfaction with the purchased product or the quality of the provided service. A confirmation of the complaint receipt will be provided without delay.
Complaints can be submitted in writing to:
APITAL d.o.o., Braće Radić 30, 10 340 Vrbovec, Croatia,
or via email at: info@apital.hr
A written response to the consumer complaint will be provided within 15 days from the date of receipt. Therefore, please include your contact address for the delivery of the response.
DURATION OF THE CONTRACT
A contract concluded by the consumer for the purchase of products and services is a one-time agreement, fulfilled by the delivery of goods or services by the merchant and the payment by the consumer, unless terminated. These General Terms and Conditions form an integral part of the concluded Consumer and Merchant Agreement.
UNILATERAL TERMINATION OF THE CONTRACT
You can fill out the unilateral termination form available on our website and send it to us by email.
A confirmation of receipt of the notice regarding unilateral termination will be sent to you without delay via email.
INSTRUCTIONS FOR UNILATERAL TERMINATION OF THE CONTRACT
- Calculation of the Term for Unilateral Termination
The contract can be unilaterally terminated within 14 days without stating any reasons.To exercise the right to unilateral termination, you must notify us of your decision before the expiration of the term with a clear statement sent by mail or email. This statement should include your full name, address, phone number, fax, or email address. You may also use the provided sample form for unilateral termination, available at the bottom of the page.
The term for unilateral termination is 14 days from the day the goods subject to the contract are handed over to you or a third party designated by you, excluding the carrier.
- Refund of Paid Amount
Refunds can only be issued after the goods are returned to us or proof is provided that the goods have been sent back. - Return of Goods
Goods must be returned or handed over to us without undue delay, no later than 14 days from the date you informed us of your decision to terminate the contract. - Cost of Returning Goods
The direct cost of returning goods must be burdened by you. - Consumer Responsibility for Reduction in Value of Goods
You are responsible for any reduction in the value of the goods resulting from handling, except for what was necessary to establish the nature, characteristics, and functionality of the goods.
The right to unilateral termination is excluded in cases specified in Article 74 of the Consumer Protection Act. Detailed information regarding consumer rights to unilateral termination can be found in the Consumer Protection Act.
Consumers do not have the right to unilaterally cancel a contract in the following cases according to Consumer Rights to Cancel the Contract (Article 79 of the Consumer Protection Act):
- If the seller has fully performed a service with the explicit prior consent of the consumer and the consumer was informed that they would lose their right to cancel once the service is completed.
- If the product or service's price is dependent on financial market fluctuations.
- If the product was custom-made or tailored to the consumer's specifications.
- If the product is perishable or has a short shelf life.
- If the product is sealed for health or hygiene reasons and was opened after delivery.
- If the product is mixed with other goods in such a way that it cannot be separated.
- If the product involves alcoholic beverages, the price of which is agreed upon at the time of the contract, and the delivery is after 30 days.
- If the consumer specifically requested the trader to carry out urgent repairs or maintenance.
- If the product is sealed audio/video recordings or computer programs that were opened after delivery.
- If the product involves newspapers, periodicals, or magazines (except for subscription contracts).
- If the contract was concluded at a public auction.
- If the product involves providing accommodation services, transportation of goods, vehicle rental, food or beverage delivery, or leisure-related services at a specific date or period.
- If the product involves the delivery of digital content that is not provided on a physical medium, and the consumer explicitly agreed to start the contract and lost the right to cancel.
LIABILITY FOR MATERIAL DEFECTS OF PRODUCTS
According to the Consumer Protection Act (Official Gazette no. 41/14, 110/15, 14/19), the provisions of the Obligations Act (Official Gazette no. 35/05, 41/08, 125/11, 78/15) on liability for material defects apply to the relationship between the consumer and the merchant. Consumers must notify the seller of visible defects without delay and no later than two months after discovering the defect. The seller is liable for material defects existing at the time of risk transfer to the buyer and for those that appear later if caused by pre-existing reasons. The seller is not liable for material defects that appear more than two years after the sale.
DISPUTE RESOLUTION
Out-of-Court Consumer Dispute Resolution:
In case of a dispute between the consumer and the merchant, the consumer may file a complaint with the Court of Honor of the Croatian Chamber of Commerce or propose mediation at reconciliation centers.
Disputes arising from online purchases within the EU can also be resolved through the European Commission's dispute resolution platform (ODR) at ec.europa.eu/consumers/odr.
Efforts will be made to resolve disputes amicably. If not, the court in Zagreb has jurisdiction.
