RETURN AND PRODUCT COMPLAINTS

ENGRAFO (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).

The deficiency exists:

1. if the item does not have features required for its regular use or operation,
2. 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
3. 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,

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 within 15 days, counting from the date when the deficiency was discovered.

The Seller is not responsible for deficiencies that arise after delivery and product usage. The rights of the buyer who in a timely manner informed the seller of any shortcomings will be accepted.

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

Return is accepted only with a presented receipt as the only evidence of purchase.

The consumer can unilaterally terminate the agreement within 14 days, without giving reasons. Instructions for terminating the contract.

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 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 MAMMAMIA ART e-mail address to mammamiaart.web@gmail.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 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, wash, iron, shorten and/or tailor, remove a sewn label and/or sewn logo, 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, e-mail to mammamiaart.web@gmail.com 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 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. Click here for the online form of unilateral agreement termination.

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  SELLER, by e-mail mammamiaart.web@gmail.com.

In order to make it possible for seller 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, SELLER must reply to any customer complaint in written form within 15 days latest after the reception of the complaint.

In case of dispute, SELLER and the consumer will resolve the conflict peacefully, and if this is not possible, the Municipal Civil Court (Općinski građanski sud) in Split 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 centers.

SELLER 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.