Web-shop terms of usage Customer complaints
INFORMATION ON CUSTOMER COMPLAINTS PROCEDURE
The Customer is entitled to, in compliance with the Consumer Protection Act, submit a written complaint using one of the following methods:
- By mail to: MEDI PLUS d.o.o. Zagrebačka avenija 3 10 000 Zagreb - by e-mail: mediplus@mediplus.hr - by telefax: + 385 1 36 88 680 or - directly in stores: at retail stores
The Seller shall reply to the complaint in written form within 15 days of receiving the complaint. A track record of all complaints shall be kept, in compliance to the Consumer Protection Act.
The Customer may at any time contact the Seller with requests, suggestions, proposals at the above address and telephone numbers.
Web Shop -Terms of Usage WEB SHOPTERMS AND CONDITIONS
GENERAL PROVISIONS
These pre-contractual notifications and general provisions serve as customer information as well as terms and conditions, in order to set the Terms of Usage of Mediplus d.o.o. Zagreb's Online shop (hereinafter: Web shop).
Meaning of Terms:
User – website visitor
Guest user – unregistered buyer
Registered user – registered visitor – website visitor –Buyer, can access other on-line content and leave a comment
Seller (service provider) is company:
MEDI PLUS d.o.o. Zagrebačka avenija 3 10 000 Zagreb OIB: 34326599059
Company name: MEDI PLUS d.o.o. (Ltd)
The Company is registered at the Commercial Court in Zagreb, PIN (OIB): 34326599059
Communication:
tel: + 385 1 36 88 340
e-mail: mediplus@mediplus.hr
fit2feet@fit2feet.hr
The Buyer purchasing via this Web shop (registered user) is a natural person above 18 with full legal capacity or a solvent legal entity.
By making a purchase with the company it is understood that the Buyer has given consent and accepted all the pre-contractual notifications and terms and conditions as well as general provisions as a part of the sales contract.
The User is liable for accuracy of data provided for the purpose of purchasing via web shops.
The Web shop offers purchasing products – sales assortment of Seller at available quantities (hereinafter: Product) via web shop on the Seller’ website.
These pre-contractual notifications and terms and conditions, are bound to become part of the concluded sales contract in case of purchase, which is legally considered a distance contract.
These notifications and terms and conditions are subject to change at any time. Therefore during every visit it is advisable to familiarize oneself with the notifications and terms and conditions, the retailor shall not be liable for any consequences arising from changes in the website content.
Using the Web shop the Buyer (hereinafter: the Buyer) accepts the following notifications, terms and conditions and general provisions.
Language
The language of communication on Seller’s web site http://fit2feet.hr is Croatian.
LIMITATIONS
The Buyer agrees
-NOT use the website for entering or transmitting unlawful material, content offensive to personal or proprietary rights of any person or entity, obscene, disruptive, defamatory and similar content. Service provider (Seller) may block users to sites with respect to specific images, texts, activities in contrast with the Terms of Usage and shall not be held liable.
-NOT to infringe copyright and intellectual property; copy, distribute or commercially exploit any documents, data, and information published on the website; to access for personal use only - respecting all copyright regarding the service provider or third parties.
By choosing to access this website the User accepts all risks that may arise from usage and accepts to use the website content for personal use and at User's sole discretion.
Service provider is not liable for website information or data accuracy, truth and reliability if and when such data is transferred from other sources.
Service provider is not liable for any consequences arising from access to the website due to technical reasons or internet connection failure while using the web shop, and shall not indemnify any costs of computer equipment, usage of telecommunication systems for the purpose of web site access.
Notification on monthly promotions and commercial email of Seller shall be marked as commercial messages with a clearly stated sender. In case the Buyer wishes to discontinue receiving such messages and informs the Seller, the Seller shall react accordingly. The Buyer is entitled to unsubscribe from newsletters.
In case of other promoters on the website, they are liable for their commercial content, i.e. the Seller disclaims any errors and irregularities in such commercial material.
Directing to other links
The Seller’s website may direct the User to other links beyond Seller’s jurisdiction, hence Users choose to accept such links at sole discretion. Seller is not liable for content on such links.
PRIVACY PROTECTION POLICY
The Seller shall provide protection of Buyer's personal data by requesting only necessary, basic information from Buyers, which are vital for fulfilment of obligations towards the Buyer.
The Seller shall NOT distribute Buyer data or involve Buyers in marketing activities unless receiving prior consent from the Buyer.
All Buyer data is secure and highly confidential, accessible only to employees whose job performance requires usage of such data.
Registration on the website – requires marking specific boxes on the website indicating the Buyer’s consent and express agreement to collection, usage, processing and distribution of personal data necessary for using the website and providing data to third parties in order to fulfil a service to the Buyer as well as for creating personal record and a customer base for the purposes of informing the Buyer about new products and service.
The Buyer may withdraw consent ceasing all data processing and registration at fit2feet store.
Service provider shall enable Users to access personal data in order to verify the data as valid, complete and up-to-date.
Necessary measures have been taken to ensure security of personal data. Service provider shall not be liable for activities initiated by any third person.
INFORMATION ON CUSTOMER COMPLAINTS PROCEDURE
The Buyer is entitled, in compliance with the Consumer Protection Act, to submit a written complaint using one of the following methods:
- By mail to company: MEDI PLUS d.o.o. Zagrebačka avenija 3 10 000 Zagreb - by e-mail: mediplus@mediplus.hr - by telefax: + 385 1 36 88 680 or
The Seller will respond to the complaint in written form within 15 days of receiving the complaint. Record of all complaints shall be kept, in compliance with the Consumer Protection Act.
The Buyer may at any time contact the Seller with requests, suggestions, proposals at the above address and telephone numbers.
Information on customer complaints procedure is stated on the Seller’s website along with a complaint template which can be used by the Buyer.
GUEST USER (unregistered buyer)
If the purchase is completed by an Unregistered Buyer, all entered data shall be used only for the current purchase and will not be entered into the web shop data base of Buyers.
In case the Buyer is not a registered user, he will not be given the additional options of a registered user (record of previous orders, change of User account data, favourites, entering additional delivery addresses...etc.).
REGISTRATION
User registers at the website of the Seller.
Registered User shall keep the account name and password secret and is liable for any unauthorized activity under his account name or using his password.
In case of suspicious activities via the User's account name and password the User is obliged to immediately inform the Service provider via contact information posted on the Website.
Buyer is liable for validity of all entered data during the purchase.
After successful authorization, the registered User may continue purchase via Web shop, in case of unsuccessful authorization, purchasing procedure shall be terminated.
ORDERING PROCEDURE
After viewing the items offered and choosing on the basis of picture and basic information provided on the website, the Buyer orders the product electronically. Picture are for illustrative purpose only and do not fully represent the ordered product.
By clicking on the „put in basket” the selected product is placed in the Buyer’s basket. The process is repeated until purchase is complete.
A click on the basket shows the basket content which can be altered or removed from the basket entirely. Upon completion of item selection, choose a date and click for the “next step“. Buyer needs to fulfil the boxes necessary for delivery and choose a method of payment.
Products are considered ordered and contract concluded when the Buyer completes the payment procedure, and the Seller delivers a receipt of the order received to the Buyer. The Seller will send a copy of the received order to the Buyer by email.
It may occur that during the period between placing the products in the basket and payment confirmation the items go out of stock. In such a case the Seller will inform the Buyer via email or telephone. Buyer is entitled to cancel the order or request a replacement product.
The Seller shall not be liable for Buyer’s costs arising from browsing the internet (telephone, data traffic …etc.) or other costs arising from or during order placement, browsing or searching the website.
PRICES
All prices are retail with VAT. Product prices are written in the Croatian national currency – Kuna (HRK)
The offer indicates the chosen item, its price with respect to the chosen method of payment and possible promotions and discounts, as well as delivery charge paid by the Buyer, which amounts to the total price. In case of discount, the offer includes the old price and price with discount.
The Seller reserves all rights to price alterations. Prices can be changed without advance notice at any time until the order is placed i.e. contract concluded.
Visible prices are valid for cash, invoice or credit card payments.
The Buyer shall pay the Seller for ordered products by using one of the methods of payment specially indicated on the website of the Web shop.
Products remain in ownership of the Buyer, independent of the fact whether delivered or not, until full payment of the confirmed order is received. In case of non-payment or partial payment, the Buyer may request return of products in which case products must not be used, damaged and shall be returned in the same condition as when delivered.
Charge and Payment safety measures are indicated for the Buyers on the Web shop’s web site.
Delivery
Upon receiving payment confirmation, the Seller shall deliver the purchased product to the Buyer at the time and place stipulated in the contract as soon as possible.
The Seller shall not incur any liability for failure to deliver on time if the Buyer is not found at the delivery address indicated on the sales contract/order form, in which case a note with contact number will be left.
Delivery can be made to a family member (over 18 years old), authorised person or legal entity department, upon presentation of personal identification.
The product is considered delivered to and accepted by the Buyer upon signature on the dispatch note
Terms of delivery are 3 work days, from receiving payment confirmation, to maximum 8 work days for continental Croatia and maximum 10 work days for the Croatian islands.
Delivery charge is HRK 26.25 if the order amounts to less than HRK 500.00
In case of refusal to accept the delivered product, without valid cause, the Seller is entitled to reimbursement for all costs incurred.
The Seller offers delivery exclusively within Croatia.
THE BUYER'S RIGHT TO UNILATERAL TERMINATION OF CONTRACT
With respect to the Customer Protection Act, the Buyer may terminate the contract concluded on the Web shop (distance contract), stating no specific cause, within 14 days from the date of delivery to the Buyer or authorised person, delivery personnel excluded. In case multiple deliveries are made at different times, the date of last delivery is the reference for the time limit. In case regular deliveries over a time period are contracted, then the date of first product delivery is referential for the time limit of 14 days.
In order for the Buyer to exercise the right to unilateral termination of contract, the Seller must receive notification on the Buyer's intention to terminate contract prior to the 14 day time limit by means of a written unambiguous statement of termination of contract, sent by email, telefax or postal service, or by using the enclosed informative template on unilateral termination of contract prescribed by the Minister of Economy as a part of the Ordinance on the content and form of information about consumer rights to unilaterally terminate the contract (National Gazette no. 72/2014.). A sample of the informative template for unilateral termination of contract which is posted on the seller's web site, can be electronically filled by the Buyer and sent to the Seller. The informative template can be downloaded here.
A receipt of receiving notification on unilateral termination of contract shall be sent to the Buyer without delay, by email or digital media.
In case of unilateral termination of contract the Buyer will receive cash refund for received payment including delivery charges. In case the Buyer chose a different delivery and not the cheapest standard delivery offered by the Seller, the delivery charges will not be refunded.
The Seller shall execute a cash refund at the latest 14 days from the day of receiving notification from the Buyer on unilateral termination of contract, under the condition that the Buyer returned the products. Cash refund shall be executed in the same manner as used by the buyer for initiating payment. In case of accepting a different manner of refund, the Buyer shall not be charged any additional cost.
Cash refund shall be executed upon return of the products or upon evidence that the product has been sent back to the Seller.
In case the Buyer initiates unilateral termination of contract, the Buyer shall return the product with no defect, unused, in original packaging along with all necessary documentation (invoice and belonging documentation) within 14 days from the day of Buyer’s notification, on termination of contract, to the Seller. The Buyer is liable for any depreciation in the value of the product as a direct result of handling, except in the case when it is necessary in order to determine the nature, characteristics, features and function of the product.
The Buyer is considered to have concluded the commitment on time if the product is returned to the Seller or authorized person prior to the expiration of time limit. The Seller shall notify the Buyer in case they, themselves would pick up the products.
All costs of the return of the product are charged to the Buyer.
The returned product must not be used.
Buyer can receive all information on product return and cash refund by calling: + 385 1 36 88 680
Situations when the Buyer has no right to unilateral termination of contract in compliance with the Consumer Protection Act (National Gazette no. 41/1014) are determined in article 79 of the above mentioned Act. The Buyer can be informed on this article by clicking on the following link: The Consumer Protection Act
COMPLAINTS
The Buyer is entitled to issue a complaint in accordance with legal terms and time limits.
If the Buyer is delivered a product with defects or a product which the Buyer did not order, the Buyer may issue a complaint which the Seller must respond to within 15 days.
All complaints shall be in written form, sent to the Seller by email at mediplus@mediplus.hr
In case the Buyer did not received the ordered and paid product within delivery time, a complaint form can be sent or the Seller can be informed via contacts on the website, indicating the failure of delivery. The Seller shall address such a complaint, find out the reason for delivery failure and inform the buyer as soon as possible on further measures.
The Buyer shall inspect the delivered product in a customary manner upon dilevery or have the product inspected, and notify the seller of visible defects within the period of eight days, or in respect of a commercial contract without delay, otherwise he shall lose the right entitled to him in this regard. In such a case an appropriate form shall be filled informing the Seller via email or telephone with respect to the terms of usage posted on the website, whether the Buyer wishes a second delivery or cash refund. A second delivery or refund shall be carried out within 14 days of return of product.
If the there is good cause for replacement or cash refund, the Seller shall respect the Buyer's wish and accept all costs of a second delivery or cash refund.
The return of a faulty product is by delivery to the address on the complaints form.
Direct costs of product return are charged to the Buyer apart from cases when the product was not delivered (rejected delivery) for reasons of defect or wrong product delivery. The Buyer shall return the product in the exact condition as upon delivery.
A discrepancy between image on the website and delivered product is no reason for complaint since the image is for information purposes and does not fully represent the product in every aspect.
In case of purchasing a product with an afore mentioned flaw, the Buyer may not issue a faulty product complaint
With respect to the Civil Obligation Act the Buyer may issue a complaint for material deficiency, within two months of discovering the deficiency. The Buyer is informed on all legal rights and time limits regarding material deficiency in the Civil Obligations Act as follows:
LIABILITY FOR MATERIAL DEFECTS
The Seller shall be liable for material defects of a product at the moment of the transfer of risk to the Buyer, regardless whether he was aware of them or not.
Risk of accidental defect transfers to the Buyer upon the moment of transfer delivery of product to the Buyer or authorised person, delivery personnel excluded.
It shall be presumed that a defect arising within six months following the transfer of risk existed at the time of transfer of risk, unless the Seller provides evidence to the contrary, or this arises from the nature of the Product or the nature of the defect.
The Seller shall also be liable for all material defects arising after the transfer of risk to the Buyer if they arose as a result of the cause that existed prior to it.
The Seller shall not be liable for defects if at the time of entering into the contract the Buyer was aware of them or could not have been unaware of them. However, the Seller shall also be liable for defect that the Buyer could easily have noticed if the Seller declared that the product was free of all defects and had specific qualities or characteristics.
The Seller shall be liable for material defects with respect to the Civil Obligations Act (NG National Gazette No. 35/05., 41/08.,125/11.) if a product lacks the qualities required for its regular use or circulation, lacks qualities and characteristics which were agreed or stipulated expressly or by implication, if the product has been badly assembled provided that the service of assembly is included in the performance of the contract of sale and other defects with respect to the Civil Obligations Act.
With respect to the Civil obligation Act the Buyer, in case of material defect, may request that the defect be eliminated by the Seller, may request from the Seller delivery of another product without defects, request a price reduction or declare the contract cancelled.
Complete information on material defects, liabilities and deadlines is available to the Buyer on the following link: Civil Obligations Act
WARRANTY FOR PROPER AND VALID PRODUCTS SOLD
The Seller shall deliver documentation of warranty along with product for all products where the Seller or producer guarantee no defects.
Products of the Seller such as bicycles, fitness equipment ...etc., have a Seller’s or producer’s guarantee along with possibility of maintenance services and purchase of spare parts. The Buyer can contact the Seller for maintenance services and the use of warranty, by using contact details (addresses and telephone numbers) found in these Terms of Usage under general provisions.
Issued warranties guarantee a defect free product during a time period counting from its delivery to the Buyer. In case the product is defect during this period, the Buyer may request from the Seller or producer repair in reasonable time, or replacement with another product without defects.
A warranty does not exclude liability of Seller and/or producer for product material defects in compliance with the Civil Obligations Act.
The Buyer's right arising from the warranty cease within one year, counting from the day of requested repair or replacement of product.
Terms of warranty listed in the warranty issued and delivered along with the product apply in case of using warranty for the product.
OTHER PROVISIONS
Distance contract is considered a simple contract which is considered consumed upon fulfilment.
All matters not defined by these terms and conditions are subject to the Electronic Commerce Act, Consumer protection Act, Civil Obligations Act and other legal Acts which cover specific areas.
Complete information on consumer rights is accessible to the consumer in the Consumer Protection Act posted on the Seller’s website.
Disputes
The Seller and Buyer shall settle all arising disputes by agreement. If disputes arising cannot be resolved through agreement, such a dispute falls and shall be resolved under the jurisdiction of the respective court in Zagreb.
In case of a conciliation proposal disputes shall be settled out of court at the authorised Conciliation Center in accordance with the Conciliation Act and Regulations of the chosen Conciliation Center, or at the Court of Honour of the Croatian Chamber of Commerce (HGK) in case of incident being reported by the Buyer to the Court of Honour, in compliance with the Consumer Protection Act.