Terms and rights

TERMS OF SALE

According to the Law on Consumer Protection, minors or persons who are completely incapable of doing business cannot make purchases remotely, only their legal representatives can do so.

The terms of business and use are subject to the Consumer Protection Act (OG 41/14) and the Obligatory Relationships Act (OG 35/05 and OG 41/08). A customer is any legal or physical person who makes an order and payment via the evis.hr online store. The seller is the company E.V.I.S. d.o.o..

All prices are expressed in Croatian kuna and include VAT. We try to provide the best and most accurate description and picture. Despite this, we cannot guarantee that all the information and images of the device are completely correct. If, due to an error or oversight, the price published in the Web Shop is incorrect or has been changed in the meantime, we reserve the right to change it. E.V.I.S. 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.

IN CASE OF IMPOSSIBILITY OF DELIVERY OF THE REQUESTED ITEMS, THE COMPANY E.V.I.S. d.o.o. IT IS OBLIGATED TO RETURN ALL PAID FUNDS TO THE PAYER (BUYER) WHICH THE SAME DEPOSITED IN THE COMPANY’S ACCOUNT FOR THE PURPOSE OF PURCHASING THE DISPUTED ITEMS.

COMPLAINTS

We accept complaints according to the manufacturer’s specification for the product you purchased. Every advertised product goes to an authorized service center for inspection. We do not change products in the store before they are inspected by an authorized service. We will not test the products in the store for basic functionality, nor will we detect a defect 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 office, after which we will forward it to an authorized service center. When reporting a defective product, you must attach a copy of the invoice, warranty card, description of the defect, complete documentation and original packaging. The warranty does not include damage caused by unprofessional handling, mechanical damage, damage due to lightning strikes, excessive voltage or wear and tear of the device.

When handing over the purchased goods, the customer should check the contents of the shipment for all associated parts listed in the manufacturer’s specification. In case of defects, please inform us as early as possible, and no later than within 48 hours of receiving the purchased goods. We cannot accept subsequent complaints!

Material defects for which the seller is responsible
(1) The seller is responsible for the material defects of the items that he had at the time of the transfer of risk to the buyer, regardless of whether he was aware of this.
(2) The seller is also responsible for those material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed before that.
(3) It is presumed that a defect that appeared 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 matter or the nature of the defect.
(4) He is not liable for an insignificant material deficiency.

There is a disadvantage:
1) if the thing does not have the necessary properties for its regular use or for circulation,
2) if the thing does not have the necessary properties for the special use for which the buyer is acquiring it, and which was known to the seller or should have been known to him,
3) if the thing does not have properties and characteristics that are expressly or tacitly contracted, that is, prescribed,
4) when the seller handed over a thing that is not equal to the sample or model, unless the sample or model was shown only for information purposes,
5) if the thing does not have properties that normally exist in other things of the same type and which the buyer could reasonably expect based on the nature of the thing, especially taking into account the public statements of the seller, manufacturer and their representatives about the properties of the thing (advertisements, labeling of things, etc.),
6) if the item is improperly assembled, provided that the assembly service is included in the fulfillment of the sales contract,
7) if improper assembly is the result of deficiencies in the assembly instructions.

If the buyer, based on the statements of the manufacturer or his representative, expected the existence of certain properties of the thing, 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 the contract was concluded, or they did not influence the buyer’s decision to conclude a contract.

Defects for which the seller is not responsible:
(1) The seller is not responsible for defects if they were known to the buyer at the time of concluding the contract or could not remain unknown to him.
(2) It is considered that those defects could not have remained unknown to the buyer, which a careful person with average knowledge and experience of a person in the same occupation and profession as the buyer could easily notice during a normal inspection of things.
(3) The provision of paragraph 2 of this article does not apply to contracts concluded by a natural person as a buyer outside of his economic or professional activity with a natural or legal person acting as a seller within his economic or professional activity (consumer contract).
(4) But the seller is also responsible for defects that the buyer could have easily noticed if he declared that the item has no defects or that the item has certain characteristics or features.
Overview of things and visible defects:
(1) The buyer is obliged to inspect the received item in the usual way or to have it inspected, as soon as this is possible according to the regular course of things, and to notify the seller of visible defects within eight days, and in the case of a commercial contract without delay, otherwise he loses his right on that basis it belongs.
(2) When the inspection is carried out in the presence of both parties, the buyer is obliged to communicate his objections due to visible defects to the seller immediately, otherwise he loses the right that belongs to him on that basis.
(3) If the buyer has shipped the item onward without transshipment, and the seller was aware or must have been aware of the possibility of such further shipment when concluding the contract, the inspection of the item may be postponed until its arrival at the new destination, in which case the buyer is obliged to inform the seller about defects as soon as he could find out about them from his clients in the regular course of things.
(4) In the case of consumer contracts, the consumer as a buyer is not obliged to inspect the item or submit it for inspection, but he is obliged to inform the seller of the existence of visible defects within two months from the day he discovered the defect.

Hidden disadvantages:
(1) When, after receipt of the item by the buyer, it is shown that the item has some defect that could not be detected by a normal inspection when taking over the item, the buyer is obliged, under threat of loss of rights, to notify the seller of this defect within two months from the day when he discovered the defect, and in the case of a commercial contract – without delay.
(2) The seller is not responsible for defects that appear after two years have passed since the delivery of the item, and six months in the case of a commercial contract.
(3) In the case of the sale of used goods, the contracting parties may agree on a term of one year, and in the case of commercial contracts, a shorter term.
(4) The terms referred to in paragraphs 2 and 3 of this article may be extended by contract.

UNILATERAL TERMINATION OF THE AGREEMENT

According to the Consumer Protection Act, goods purchased at a distance (when it is not a matter of personal collection but sent by courier service) can be returned (at your own expense) within 14 days from the date of receipt at the latest. The order cancellation period starts from the day the customer received the product. The buyer must notify the seller of the cancellation of the order in writing. The order is considered canceled when written notification is received by the seller. In case of cancellation of the order, the buyer is obliged to return the product to the seller at his own expense. The product that the buyer returns to the seller must be in its original packaging, with all its parts, undamaged and completely correct.

In order to be able to exercise the right to unilaterally terminate this Agreement, you must notify us of your decision to unilaterally terminate the Agreement before the expiration of the term, by an unequivocal statement sent by mail, fax or e-mail, in which you will state your name and surname, address, phone number, fax or e-mail address, and you can also use the attached sample form for unilateral termination of the contract.