Product complaint
The seller is responsible for material defects of products on the online store in accordance with the positive regulations of the Republic of Croatia, especially the Law on Obligations.
The ordered products are packed in such a way that they are not damaged by normal handling during transport/delivery.
Upon receipt of the shipment, the Buyer is obliged to check the delivered goods and determine whether the shipment has been delivered in its entirety, i.e. whether all products have been delivered. In case of defects, the Buyer is obliged to send a written objection/complaint immediately, as subsequent complaints will not be accepted.
In the event that the shipment is damaged during transport, such damage is visible when the shipment is picked up, in which case the Buyer should refuse to pick up the shipment and report it to the Seller as soon as possible with a description of the problem. The damage must be photographed.
In the event of a visible lack of product when taking over the shipment, the Buyer is not obliged to take over the delivered product, may refuse receipt, and does not bear the costs of delivering such product. It is considered that the products that were duly received by the Customer had no visible defect. The customer has the right to complain in relation to material defects in terms and for the reasons prescribed by the provisions of the Law on Obligations. The customer can send a written objection or complaint by e-mail to info@wineluxe.hr or by writing to the address: Wineluxe d.o.o., Frlanska cesta 3, 51211 Matulji, with the indication Complaint.
In order to determine as quickly as possible the order to which the Buyer has an objection, the Buyer is obliged to state the order number, account number or his username in the objection.
The customer has the right to a justified complaint and to return the goods in the following cases:
delivery of goods that were not ordered;
delivery of expired goods;
delivery of goods that have a fault or damage that did not occur during transport.
If the product has a hidden defect (a defect that could not be detected by a normal inspection when picking up the item) that the Buyer finds after opening the product – the Buyer has the right to unilateral termination of the contract and refund, replacement of the product, removal of the defect or price reduction.
Otherwise, the seller will consider the complaint valid if, after examining the product, he determines that it meets the conditions for a complaint in accordance with the Obligatory Relations Act and the Consumer Protection Act. In this case, within 15 days of receiving a valid complaint, they will replace the product or return the entire amount paid with termination of the contract. If, on the other hand, it finds that the complaint is not valid, i.e. if it rejects the complaint, it will inform the Customer about the same within 15 days from the day of receipt of the complaint.
The seller will accept the return of damaged, defective or incorrectly delivered goods at his own expense, if it is determined that the complaint is justified and that the buyer has not affected the correctness, damage or any defect of the goods.
In the event of a justified complaint, the cost of replacement with a new product is fully borne by the Seller.
Online dispute resolution
By special regulation of the European Union, dated 15.02.2016. in the EU, disputes related to online purchases can be resolved through the Online Dispute Resolution Platform (ORS): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
This means that if you encounter a problem during an online purchase within the EU (defective product, inability to exchange the product, etc.), you can file your complaint at the link above. The platform can be used by both consumers and traders, and complaints can be submitted in any of the 23 official languages of the EU.
Contract duration
The contract that the Buyer concludes with the Seller is a one-time contract for the purchase and sale of products at a distance, which is consummated by the payment made by the Buyer and the delivery of the shipment by the Seller, in case it is not terminated. Terms of use and purchase are an integral part of the contract.
Unilateral termination of the contract
Only the Buyer who placed an order or concluded a contract at a distance in accordance with these Terms of Use and Purchase has the right, without giving reasons, to unilaterally terminate the contract within 14 days. The period of 14 days begins to run from the day when the shipment that is the subject of the contract is handed over to the Buyer or a third party designated by the Buyer, who is not the carrier/deliverer. If with one order the Customer has ordered several products that are to be delivered separately, that is, if it is a question of several shipments, the deadline starts from the day when the last shipment was handed over to the possession.
Before the expiry of the term for unilateral termination, the buyer is obliged to inform the seller about his decision to terminate the contract, using the form for unilateral termination of the contract. The form is available for download on the online store, and the completed form should be sent to the e-mail address: raskid@wineluxe.hr. Confirmation of receipt of notification of unilateral termination of the contract will be delivered by the Seller without delay via e-mail.
If the Buyer unilaterally terminates the distance contract, the Seller will return the money paid excluding delivery costs. The costs of returning the shipment are borne by the Buyer. The buyer is obliged to return the shipment immediately, and no later than within 14 days from the date of sending the decision on unilateral termination of the contract. The shipment should be sent by mail in a verifiable manner to the address Wineluxe d.o.o., Frlanska cesta 3, 51211 Matulji. The refund will be made after the shipment has been returned to the Seller, and no later than within 14 days of receiving the returned shipment. The refund will be made in the same way as the payment was made.
It is considered that the Buyer has fulfilled his obligation on time if he sends the shipment to the Seller’s address in a verifiable manner (preferably with a return receipt) before the expiration of the specified period. The customer is responsible for any decrease in the value of the goods resulting from the handling of the goods, except for that which was necessary to determine the nature, characteristics and functionality of the product. If the product is returned defective, with major damages or without parts and documentation, and if it is not delivered within a subsequent period of 8 days, it is considered that the Buyer has not fulfilled his obligation to return the goods, and the Seller is not obliged to return the paid funds.
The customer does not have the right to unilaterally terminate the contract if:
The Seller fully fulfilled his service, and the fulfillment began with the express prior consent of the Buyer, and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract if the service is fully fulfilled;
the subject of the contract is a product or service whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the duration of the Buyer’s right to unilaterally terminate the contract;
- the subject of the contract is a product that is made according to the Customer’s specification or that is clearly adapted to the Customer;
- the subject of the contract is a sealed product that is not suitable for return due to health or hygiene reasons, if it was unsealed after delivery;
- the subject of the contract is a product which, due to its nature, is inseparably mixed with other things after delivery;
- the subject of the contract is the delivery of alcoholic beverages, the price of which is agreed at the time of signing the contract, and the delivery can only take place after 30 days, if the price depends on changes in the market that are beyond the influence of the Seller.