Unilateral Agreement Termination
The consumer can unilaterally terminate the agreement within 14 days, without giving reasons.
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 case that the consumer was not notified about their rights regarding the agreement termination, the right of the consumer to unilaterally terminate the agreement expires 12 months after the 14 days term expiration.
In case that the Seller notified the consumer about their rights regarding unilateral agreement termination within 12 months, the right to unilaterally terminate the agreement expires 14 days after the date when the consumer received such a notification.
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 Svila d.o.o. address, Radićevo šetalište 23, 10 000 Zagreb, or by e-mail to email@example.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.
Primjerak obrasca za jednostrani raskid ugovora potrošač ispuniti tako da ga preuzme u .pdf verziji.
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, Svila d.o.o., Radićevo šetalište 23, 10 000 Zagreb, or e-mail to firstname.lastname@example.org. 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 subject of the contract are sealed goods that, because of health or sanitary reasons, are not suitable for return if they have been unsealed upon delivery,
• the subject of the contract are goods that are, due to their nature, inseparably mixed with other items,
• 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.
Kada je kupac pravna osoba na njega se ne primjenjuje odjeljak ovih Općih uvjeta poslovanja pod nazivom „Pravo na jednostrani raskid ugovora“. Kod pravnih osoba se primjenjuje Zakon o obveznim odnosima i Zakon o elektroničkoj trgovini. Kliknite ovdje za online obrazac raskida ugovora
Note about the way to submit a written customer complaint
Sve prigovore sukladno članku 10. Zakona o zaštiti potrošača, potrošač može poslati putem pošte na adresu Svila d.o.o., Radićevo šetalište 23, 10 000 Zagreb, elektroničke pošte na adresu e-pošte email@example.com .
Kako bi potrošaču Svila d.o.o. odgovorio na pisani prigovor koji nije upućen elektroničkom poštom, mole se potrošači da navedu točne podatke o svome imenu i prezimenu te adresi na koju će im biti dostavljen odgovor. Odgovor na prigovor potrošača Svila d.o.o. zakonski mora dati u pisanom obliku najkasnije u roku 15 dana od dana primitka prigovora.
In case of dispute, Svila d.o.o. and the consumer will resolve the conflict peacefully, and if this is not possible, the Municipal Civil Court (Općinski građanski sud) in Zagreb 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.
Consumer disputes can also be solves thorough ODR platform of the European Commission. With consumer’s acceptance of the General Terms and Conditions, they also accept all other terms and conditions mentioned at the www.starsilk.hr Site, as well as all other regulation published on the Site. If a consumer does not agree to any stipulations of the pre-contractual information, or of the General Terms and Conditions, they are kindly asked not to use www.starsilk.hr website and not to conclude any sales agreement.
Svila d.o.o. 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.