Porter LD d.o.o. (hereafter: the Seller) is responsible for material deficiencies of products up to the moment of transfer of risks to the buyer (the moment of handing items over to the buyer or any third person designated by the buyer, except the delivery service), regardless of whether the material deficiency was known to the Seller or not. Also, the Seller is responsible for those material deficiencies that arose after the risk has been transferred to the buyer if they were a consequence of pre-existing causes. It is assumed that the deficiency that arose within 6 months after the risks were transferred to the buyer existed at the time of risk transfer, except in cases when the Seller is able to prove otherwise, or the contrary is a consequence of the nature of the item or the nature of the deficiency.
The deficiency exists:
- if the item does not have features required for its regular use or operation,
- if the item does not have features necessary for a specific use that the buyer purchased it for, and this fact was known to the Seller or it had to be known to the Seller,
- if the item does not have features and qualities that are explicitly or implicitly contracted, or stipulated,
- if the Seller delivered an item that is not equal to a sample or a model, except in cases when sample or a model were presented for informative purposes only,
- if the item does not possess features that otherwise exist with other items of the same kind, and those are the features that the buyer could reasonably expect to be present, in accordance with the nature of the item, especially taking into accounts all public statements given by the Seller, the manufacturer and their representatives about the item features (advertising, item labelling, etc.).
When, upon the receipt of an item by the buyer, it turns out that the item has a deficiency that could not be discovered by usual inspection at the time of delivery, the buyer must, under threat of loss of their rights, inform the Seller about such a deficiency as soon as possible.
The Seller is not responsible for deficiencies that arise more than two years after the item delivery. The rights of the buyer who informed the Seller in a timely manner about the existence of such deficiencies expire after two years, starting from the date when such information was sent to the Seller, except in cases when the buyer was prevented from exercising their right because of the Seller’s fraud.
When the existence of a material deficiency is established, the Seller might have one of the following obligations, all in accordance with the Civil Obligations Act (Zakon o obveznim odnosima):
- removal of the deficiency,
- deliverance of another product without the deficiency,
- price discount,
- agreement termination.
Rights arising out of any material deficiency of an item are regulated by the Civil Obligations Act (Zakon o obveznim odnosima).
When the buyer is a legal entity, the regulations of material deficiencies from the Civil Obligations Act (Zakon o obveznim odnosima) apply, especially in parts where the material deficiency is regulated differently for legal persons, compared to regulations of these General Terms and Conditions, then the regulations from the Civil Obligations Act (Zakon o obveznim odnosima) apply.
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.
If a regular delivery of goods is contracted for a certain period, the 14-day period begins on the day when the first piece or the first shipment of the product is handed over to the consumer or a third person designated by the consumer, who is not the carrier.
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 Porter LD d.o.o. address, Gruška ulica 6, 10 000 Zagreb, Croatia 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, provided below.
The unilateral agreement termination form can also be filled and sent online, by clicking HERE.
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.
In order to simplify the writing of the written agreement termination for the consumer, a sample form for unilateral agreement termination is provided below that the consumer can fill and mail to the Sellers mailing address, Porter LD d.o.o. address, Gruška ulica 6, 10 000 Zagreb, Croatia, or e-mail to firstname.lastname@example.org. The consumer can also submit agreement termination also by clicking on the link provided above.
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,
- the consumer specifically asked to visit the Seller at his premises with the purpose to perform urgent repairs or maintenance, with the proviso that if, during such a visit, together with the services that were explicitly asked for by the consumer, the Seller performed some other services, or delivered some other goods together with the ones that are necessary to perform urgent repairs or maintenance, the consumer has the right to unilaterally terminate the agreement regarding those additional services or goods.
When the buyer is a legal entity, this section of the General Terms and Conditions, with the title "Right to unilateral agreement termination", does not apply. 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.
NOTE ABOUT THE WAY 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 Porter LD d.o.o. address, Gruška ulica 6, 10 000 Zagreb, Croatia or by e-mail to email@example.com.
In order to make it possible for Porter LD 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, Porter LD 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, Porter LD 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 Honour of Croatian Chamber of Economy, or other meditation centres.
Consumer disputes can also be solved through ODR platform of the European Commission. – www.ec.europa.eu/consumers/odr
With consumer’s acceptance of the General Terms and Conditions, they also accept all other terms and conditions mentioned at the Website, as well as all other regulation published on the Website. 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 the Website and not to conclude any sales agreement.
Porter LD 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.
When the buyer is a legal entity, the customer protection and regulation of the Consumer Protection Act (Zakon o zaštiti potrošača) do not apply. 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.
WARRANTY AND SERVICE TERMS
If a particular product has a warranty or is subject to service conditions, the same is highlighted in the description of that product. The rights from the warranty certificate can only be used with the presentation of the warranty certificate and invoice, and for the duration of the warranty period.
All products purchased at the Website have a warranty from the day of purchase, provided you use the product according to the instructions attached to the product. The Seller assumes responsibility for the period determined by the brand owner, provided that the product:
- has not suffered accidental damage, such as impact, immersion in water (except in the case of diving watches) or other liquids, improper use (e.g., using the product in extreme temperature conditions) or insufficient care (not removing dirt, leaving the crown open, etc.),
- not modified in any way from the original product (except for changing the strap or bracelet),
- not serviced by third parties or companies not recognized by the manufacturer or its representatives.
The above does not affect the legal rights of an individual covered by a legal warranty regarding a crack or a hidden defect that is not visible at first glance.
If the product needs repair, please contact (Porter LD d.o.o.) directly. Attach your warranty card indicating the date of purchase and serial number of the product, your name and address.
Note: Manufacturer and company Porter LD d.o.o. as an authorized seller and servicer will not be responsible for any repair, damage, or loss, if the product has been modified for aesthetic or any other reason in an unauthorized service. The deadline for repair or replacement is 30 days.
If, within two years from the date of original purchase, the product does not function due to a defect in material or workmanship, the manufacturer or an authorized servicer in Croatia will either repair or replace the part, provided that the original purchaser provides proof of the date of purchase.
This warranty does not cover any damage to the product or damage caused by accident, abuse, dirt, immersion in liquid, or products that have been repaired at an unauthorized service centre.
This warranty applies to and runs from the original date of purchase of the product from an authorized seller. All warranties, including those on terms of sale and various benefits for any specific purpose, are limited to a duration of two years from the date of initial purchase, and after their expiration, the manufacturer, and the company Porter LD d.o.o. as an authorized seller and service provider are not responsible for any damage caused to the products.