CONDITIONS OF BUYING
ELFS d.o.o. – shopping in web shop on www.elfs.hr
These conditions of buying define the procedure of ordering, payment, delivery and return or reclamation of items offered on our web pages. The Supplier (Seller) of the items offered on these pages is ELFS d.o.o. Amruševa 19 / Palmotićeva 12, 10 000 Zagreb, and the Buyer of an item is a visitor of the web shop who choses at least one product, fills in electronic order form and sends it to the Seller. All the given prices are in kunas and include VAT
All the prices on the web www.elfs.hr are noted in kunas with VAT included. While purchasing a product on the given day under given price, the product will be shipped and charged under the price indicated in the moment of purchase. The prices are valid until the processing new ones.
The prices indicated are valid only for the web shop on www.elfs.hr and are not necessary the same as in the ELFS stores in Croatia.
Elfs has a right to change the prices without previous notice as well as changing the prices exclusively for web shop. Furthermore, Elfs has a right in any moment to determine discount prices.
The buyer is not obligated to be registered on www.elfs.hr to be able to proceed with purchase. During the registration, buyer is asked to type in his/her e-mail address and password.
Items ordering is possible 24/7. Items are ordered exclusively through electronic form – shopping cart. Buyer is not obligated to be registered on the web site of the Seller to be able to proceed with purchase. The Buyer is however requested to type in personal details and address (where will the package be delivered) to the process of order can be concluded. If the Seller has no possibility to deliver all of the ordered items, he will deliver the ones available and he will contact the Buyer in a written way and inform him.
Ordered products, with possible delivery costs, the costumer is able to pay on delivery through HP express delivers (valid only for orders within the Republic of Croatia), credit transfer (general payment slip or through internet banking) or credit and debit cards such as: MasterCard, Maestro, VISA, VISA Electron, Diners i American Express.
Installment payment is enabled to the customers that are paying with American Express or Diners credit or debit cards: • it is able to pay in 2-6 installments without interest rate being imposed
Delivery fee is charged only after the Seller establishes that the ordered products are available in the store. In case of card payment the Buyer needs to compel a payment form and the means on the card will be reserved, the transaction will be made only after the Seller establishes that the ordered products are available.
SAFETY STATEMENT IN CASE OF CREDIT CARD PAYMENT
T-Com Pay Way applies the most modern data protection – Secure Socket Layer (SSL) protocol with 128-bit data encryption i MD5 algorithm. ISO 8583 protocol assures that the data exchange between T-Com system and authorization center of card companies is made through private network, which is protected by two layer firewall from unauthorized access.
After completing the order Buyer will receive a notification that the order is processed and currently waiting to confirm the availability of ordered item. After the Seller verifies product availability the Buyer will be informed via e-mail about the ordered product availability. If the Buyer decided to pay through credit transfer he will be noticed in that same e-mail that he can make a payment, when on the other hand in case of credit or debit card payment the Buyer will be informed that the transaction is made.
Item delivery is made through express delivery within 8 business days from the moment of item availability conformation. The Buyer has a right to refuse to take over the delivery if he noticed some exterior package damages. Items are ensured from delivery losses, therefore if the Buyer doesn’t receive the package or he does not hear from the Seller within 20 days after ordering the product he is obligated to inform the Seller who will then try to find the delivery or send the new one. If the Buyer does not take the delivery from the courier within 5 business days, the delivery will be returned to the Seller.
COST OF DELIVERY
Delivery cost is not charged for the orders equal or greater than 5.000,00 kn. For the orders minor than 5.000,00 shipping is charged 35,00 kn.
Pursuant to the article 72. On the Consumer protection law, the buyer has a 14 days right to withdraw his purchase. The 14-day deadline starts to go on from the day of receiving the items. Additional to that, the buyer is obligated to notice the seller via e-mail email@example.com
If the buyer had already received the items and decided to withdraw the purchase, the received items need to be returned to the seller. When returned, the products need to be unused and undamaged, the copy of original receipt is also necessary. All of that needs to be sent on the sellers address
Amruševa 19 / Palmotićeva 12
10 000 Zagreb
The expenses of items return are to be bared by the buyer.
The seller is obligated to return the money within 14 day deadline after receiving the items. Ordered items, in other words the packages that the buyer doesn’t want to receive, will be returned also depending on buyers expanses.
RECLAMATIONS AND COMPLAINTS
ELFS is responsible for the quality and default errors on bought products on web shop www.elfs.hr
If the buyer has any complaints about bought items, in compliance with article 10 point 6 Consumer protection law, he has a right to send a written complaint to the seller. The complaint can be sent:
Via mail on address Elfs d.o.o., Amruševa 19 / Palmotićeva 12, 10 000 Zagreb
We kindly ask you to write down you name and surname, address, contact and description of the complaint. We will respond to your complaint within 14 days after receiving it.
The form for the complaint can be downloaded on the following link.
ELFS IS LIABLE FOR ANY FAULTY PRODUCTS
A fault exists:
- if the item does not have the necessary properties to be used regularly or traded,
- if the item does not have the necessary properties for the special use for which it is being purchased by the consumer, and which the seller was earlier aware of or must have been aware of,
- if the item does not have the characteristics or features which have been explicitly or tactically agreed upon, that is prescribed,
- when the seller has given an item which is not identical to the sample or model, unless the sample or model is shown only for information,
- if the item does not have the properties that otherwise exist in other items of the same type and that the buyer could reasonably expect according to the nature of the item, especially taking into account public statements of the sellers, manufacturers and their representatives about the properties of the items (advertisements, marking, etc.).
The buyer is obliged to notify the seller of the existence of visible defects within two months from the date of discovery of the defect, and no later than two years from the transfer of risk to the buyer. When, after receiving the item from the buyer, it turns out that the item has a defect that could not be detected by the usual inspection when taking over the item, the buyer is obliged, under the threat of lossing his/her rights, to notify the seller within two months, from the day the fault was discovered.
The seller is not liable for faults that appear two years after the delivery of the goods. The rights of the buyer who notified the seller of the fault in time expires after two years, counting the day from which the notice was sent to the seller, unless the buyer was prevented by the seller from exercising this right.
If the existence of a material fault on the item is determined, the seller may have one of the following obligations, all in accordance with the provisions of the Law on Obligations according to the consumer’s choice:
- elimination of the fault,
- delivery of another product without a fault,
- price reduction.
The buyer may terminate the contract only if he/she has previously given the seller a reasonable amount of time to fulfill the contract. If the fault is insignificant, the buyer has no right to terminate the contract, but he/she has other rights from liability for material faults, including the right to repair the damage.
The buyer may terminate the contract without leaving a subsequent deadline if the seller after notifying him/her of the faults informed him/her that he/she would not fulfill the contract or if the circumstances of the case clearly show that the seller will not be able to fulfill the contract later, as well as when the buyer may achieve the purpose for which he/she entered into the contract.
If the seller does not fulfill the contract within a later period, the contract is terminated by law, but the buyer can maintain the contract if he/she declares to the seller without delay that he/she can keep the contract in force.
When the buyer is a legal entity, the rules on material deficiency prescribed by the Law on Obligations apply to him/her.
BREACH OF CONTRACT AND RETURN
You have the right, without adducing the reason, unilaterally breach the contract of purchase within 14 days from receiving the package. The contract will be breached with written notice about breach of contract by filling the FORM FOR UNILATERAL BREACH OF CONTRCT or by other ambiguity proclamation through which you express your will of termination. The buyer is obligated to deliver the previously mentioned form or proclamation to the Seller, through the sellers address or e-mail firstname.lastname@example.org
The form can be downloaded on the following link; FORM UNILATERAL TERMINATION.
If the buyer is terminating the contract with ambiguity proclamation he is obligated to indicate the name, surname, address, phone number and email.
If the buyer sends the form via e-mail, ELFS will notice the buyer in shortest period possible about receiving the form. If the buyer unilaterally terminates the contract he is obligated to return delivered ELFS product (bearing the cost) to the address of the seller. ELFS is obligated to return the money to the buyer within 14 day deadline.
THE RIGHT TO A UNILATERAL TERMINATION OF CONTRACT
The consumer may unilaterally terminate the contract within 14 days without giving a reason.
The period of 14 days begins to run from the day when the product is handed over to the consumer or a third party designated by the consumer, who is not a carrier.
If the consumer orders several items to be delivered separately in one order, or if the goods are delivered in several pieces or more shipments, the period of 14 days begins to run from the day when the consumer or a third party designated by the consumer, and which is not a carrier, handed over the possession of the last piece or last item of the product.
If regular delivery of the items is agreed for a certain period, the period of 14 days begins to run from the day when the consumer or a third party designated by the consumer, other than the carrier, is handed over possession of the first piece or the first item of products.
If the consumer is not notified of the right to terminate the contract, the consumer’s right to unilateral termination of the contract expires after 12 months from the expiration of 14 days
If the seller has notified the consumer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract expires after the expiration of 14 days from the time the consumer received the notice.
In order for the consumer to exercise the right to unilateral termination of the contract, he/she must notify the seller in writing of his/her decision to unilaterally terminate the contract before the expiration of 14 days by an unequivocal statement sent by mail to ELFS doo, Amruševa 19 / Palmotićeva 12, 10 000 Zagreb or by e-mail to the address: email@example.com, in which he/she will state his/her name and surname, address, telephone number or e-mail address.
A copy of the form for unilateral termination of the contract can be filled in electronically by the consumer by clicking here.
Confirmation of receipt of the statement of unilateral termination of the contract will be delivered by the seller to the consumer without delay, to the physical address or e-mail address. In the event that the contract is terminated, each party is obliged to return to the other party what it received under the contract.
Except when the seller has offered to take over the goods returned by the consumer, the seller must refund the payment only after the goods are returned to him/her, ie, after the consumer provides proof that he/she sent the goods back to the seller, if the seller was notified before the receipt of the goods.
The consumer is obliged to return the goods to the address: ELFS d.o.o., Amruševa 19 / Palmotićeva 12, 10 000 Zagreb.
The seller is not obliged to reimburse the consumer for any additional costs resulting from the consumer’s explicit choice of shipping which may differ from the cheapest type of standard transport offered by the seller.
The seller must refund the consumer using the same means of payment used by the consumer when paying, unless the consumer explicitly agrees to another means of payment, assuming that the consumer is not obliged to pay any additional costs for such a refund.
Unless the seller has offered to take over the goods returned by the consumer himself, the consumer must return the goods without any delay, and notify the seller about his/her decision to terminate the contract within 14 days at the latest.
The consumer has fulfilled his/her obligation to return the goods on time if he/she sends the goods before the deadline has expired or hands them over to the seller, ie to the person authorized by the seller to receive the goods.
All costs of the return must be borne by the consumer.
The consumer is responsible for any diminution in value of the goods resulting from handling the goods in a way other than that which was necessary to determine the nature, characteristics and functionality of the product.
In order for the consumer to determine the nature, characteristics and functionality of the goods, he/she can handle the goods and inspect the goods only in a way that is usual when buying goods at the premises of the seller. The goods that the buyer intends to return within 14 days must also not be modified, used, or take any actions particular ones that may not be done in the physical premises of the seller, as well as those that would reduce the value of the goods.
In the event of diminution resulting from the way the product was handled the seller will charge the amount of the purchase price received in the ratio of impairment of the goods at his/her own discretion, taking into account the objective criteria of each case.
The right to terminate the sales contract is not allowed in the following cases when:
- the service contract was fulfilled entirely by the seller, and the fulfillment began with the prior consent of the consumer and with his/her confirmation that he/she is aware of the fact that he/she will lose the right to a unilateral termination of the contract from this section if the service is fully fulfilled
- the subject of the goods or services contract whose price depends on changes in the financial market are beyond the influence of the seller, and may occur during the consumer’s right to a unilateral termination of the contract
- the subject of the contract are the goods which were made to the consumer’s specification or which were clearly adapted to the consumer
- the subject of the contract are perishable goods or goods which have a short expiration date
- the subject of the contract are goods which have been sealed due to health or hygiene reasons and as such are not suitable for return, if they had been unsealed after delivery
- the subject of the contract are goods which, by their nature, have been after delivery inseparably mixed with other things
- the subject of the contract is the delivery of alcoholic beverages whose price is agreed upon at the time of the contract, and the delivery may follow only after 30 days, if the price is dependent on changes in the market that are beyond the influence of the seller
- the consumer specifically requests the seller to him/her and to perform urgent repairs or maintenance work, provided that during such a visit, in addition to those services that the consumer has explicitly requested, the seller provides some other services, or delivers other goods other than those necessary to perform emergency repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in relation to these additional services or goods
- the subject of the contract is for the supply of sealed audio or video recordings, or computer programs, which have been unsealed after delivery
- the subject of the contract is for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications
- the contract was made at a public auction
- the subject of the contract is offering non-residential accommodation services, transportation services, car rental services, food and beverage delivery services or leisure services, if it is agreed upon that the service be provided on a certain date or in a certain period
- the subject of the contract is the delivery of digital content that has not been delivered on a physical media if the fulfillment of the contract began with the prior consent of the consumer and with his/her confirmation that he/she is aware of the fact that he/she will lose the right to a unilateral termination
Kada je kupac pravna osoba na njega se ne primjenjuje odjeljak ovih Uvjeta kupovine pod nazivom „Pravo na jednostrani raskid ugovora“. Kod pravnih osoba se primjenjuje Zakon o obveznim odnosima i Zakon o elektroničkoj trgovini.
When the buyer is a legal entity, the section of these Terms of Purchase entitled “Right to unilateral termination of the contract” do not apply to him/her. The Law on Obligations and the Law on Electronic Commerce apply to legal entities.
PRODUCT RETURN POLICY
The buyer is obliged to return the complete product to ELFS, in the condition in which it was delivered to him/her and in the original packaging (commercial packaging in which the goods were delivered), with all its necessary parts and documentation.
The buyer is obliged to return the products at his/her expense to the following address: ELFS d.o.o., Amruševa 19 / Palmotićeva 12, 10 000 Zagreb.
BASICS OF COLLECTION AND PROCESSING PERSONAL DATA
ELFS obligates itself and guarantees that in any case, your personal data will be processed consciously, fairly, with usage of suitable protection measures with a goal of preventing unauthorized publishing and malicious usage of your personal data, all of that in compliance with Law on the Protection of Personal Data (LPPD).
ELFS will not deliver your personal data to the third party, only if the law says otherwise. Your personal data will be processed until you revoke your consent, thereby they will be permanently deleted.
Depending on the purpose of collection and processing of personal data, which was described previously, ELFS can ask you to leave following information: name, surname, username, e-mail, address, city, zip code, country and phone number.
In case of previously stated events, ELFS collects and processes your personal data only based on your personal consent.
Personal data is not collected by your single visit to our web site, but at the moment you personally insert them while ordering a product, registration for our newsletter, taking a survey or sending a question via contact form.
The consent to collect and process your personal data is given through filling out special form providing services on our web page and you can revoke it in any moment.
RIGHTS OF PRESONAL DATA PROVIDER IN COMPLIANCE WITH LPPD
When it comes to your personal data, you have the following rights: you can request access (overview, notification and issuing a copy), rectify, add, update and delete the data, as well as revoke the agreement to process your personal data, in other words that in any moment you are able to withdraw your agreement and stop the processing of your personal data, also to be notified by ELFS about the status of your request.
Based on your personal request you have a right to freely obtain information about your personal data that had been saved. Beside that in compliance with article 21 Law on the Protection of Personal Data you have a right to oppose the processing of your personal data for commercial, marketing usage.
As it is previously mentioned, in compliance with law orders, in case of the data being incomplete, not accurate or not updated and if their processing is not in compliance with law orders, you have a right to rectify, add, unable and deleting of your personal data.
Agreement for collecting and processing your personal data can be revoked in any moment in following way:
by sending an e-mail to the address firstname.lastname@example.org or
by sending a mail to ELFS d.o.o., Amruševa 19 / Palmotićeva 12, 10 000 Zagreb.
If you revoke your consent for personal data processing, ELFS is obligated to permanently delete all your personal data within 15 days from receiving the revoke.
In case of unauthorized personal data processing you have a right to begin a proper case against ELFS in front of the competent jurisdiction and in compliance with current laws in Republic of Croatia.
Visiting ELFS web shop pages you communicate online. Therefore you agree to all consents, notifications, announcements and other contents which are delivered to you online and through this way they satisfy legal framework as they were written.
CHANGE OF BUYING TERMS
ELFS d.o.o. keeps all the rights to change and update this buying terms. Every single change of terms of buying will be posted on pages of ELFS web shop.