Shippment, return and complaints

Our support is available during business hours at phone +385 1 3882 376 and email [email protected]. For more details on data protection, check the section Data Protection.

DELIVERY

Delivery is charged 5,00 EUR inside of Croatia. Delivery times are 5 - 10 working days depends where are we ship (main city or islands) but delays are still possible considering that we are in the summer period when there are annual holidays and increased traffic jams. 

We are always available by phone: +385 1 3882 376 or e-mail: [email protected] for any doubts.

For an amount less than 70 EUR, delivery is paid in the amount of 6 EUR.

All the above prices are valid for orders within the Republic of Croatia. It is delivered to the address specified by the customer when entering his data in our online store.

Considering the current situation in the world, delivery for shipments outside Croatia may be delayed, but you can always contact us to check the status of the shipment. For more information contact us at [email protected]

If the delivery is outside the Republic of Croatia, it is charged according to the data below.

EUROPE 1 – Slovenia – 35,88 EUR

EUROPE 2 – Austria, Czech Republic, Hungary, Slovakia, Germany – 46,63 EUR

EUROPE 3 – Belgium, Denmark, Estonia, France, Ireland, Northern Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Spain, Sweden, United Kingdom, Ukraine, Vatican – 53,68 EUR

EUROPE 4 – Bulgaria, Finland, Greece, Romania – 68,28 EUR

EUROPE 5 – Bosnia and Herzegovina, Serbia – 60,58 EUR

EUROPE 6 – Switzerland, Liechtenstein, Iceland, Albania, Macedonia, Andorra, Belarus, Montenegro, Kosovo – 71,19 EUR

EUROPE 7 – Norway – 89,63 EUR

North and South America: Argentina, Bolivia, Brazil, Chile, Ecuador, Guyana, Colombia, Paraguay, Peru, Suriname, Uruguay, Venezuela, Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guatemala, Haiti, Honduras, Jamaica, Canada, Costa Rica, Cuba, Mexico, Nicaragua, Panama, El Salvador, United States, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Trinidad and Tobago – 89,63 EUR

Rest of the world: Japan, China, Armenia, Cyprus, South Korea, Egypt, Ethiopia, Philippines, Georgia, Israel, Jordan, Australia, New Zealand, San Marino, Zambia – 89,63 EUR

For countries outside the European Union, customs duties are charged. How much will be charged and how long a particular product will be retained in customs does not depend on us and we cannot influence it. When you have ordered a product that is sent to a country that is not an EU member, you accept the possibility of paying customs duties.
The delivery cost outside the Republic of Croatia is different and depends on where it is sent, and the Buyer bears it in full, as well as possible additional costs of Customs and other costs associated with it, which the Seller cannot influence.

Examination upon receipt

Upon receiving the delivered Product, the Buyer is obliged to inspect the delivered product, i.e.,
– check for any visible external damage to the shipment and/or the products themselves inside the shipment and immediately report them to the delivery person, and refuse to accept the delivered products with visible damage.
– open the shipment in front of the delivery person and compare the delivered products with the delivery note, and if anything is missing or if products that were not ordered are delivered, immediately report them to the delivery person.

If the product has a hidden defect (a defect that could not be detected by the usual inspection upon receipt of the goods), which the buyer discovers upon opening the product – the buyer has the right to unilaterally terminate the contract and receive a refund, product replacement, defect removal, or price reduction.

Incorrectly delivered product
In cases where the Buyer is delivered a product different from the one purchased, they have the right to receive the ordered Product. If that is not possible, the Buyer has the right to a refund in the amount of the paid price of the Product, the delivery price, and compensation for the costs of returning the Product, and is obliged to return the incorrectly delivered Product.

Receipt of the shipment
Upon delivery, along with the purchased Product, the Buyer receives all documents accompanying the Product (warranty card, product information, product usage instructions, technical instructions, compliance declaration, and others), the invoice, and the receipt of the shipment that must be signed (except in the case of contactless delivery), if there is no reason for a complaint. By accepting the shipment, the Buyer confirms that, when receiving the product, they have inspected it and that the Product was received without visible external damage, that it quantitatively and qualitatively corresponds to the products on the invoice, and that all documents required by law have been delivered with the products.

If, during the inspection of the delivered products in the manner described above, the Buyer finds a reason for a complaint, they must immediately report the goods to the delivery person because complaints reported after the delivery of the delivered Products will not be accepted by the Seller.

Refusal of receipt
If the Buyer does not take over the product or refuses to take over the product without a valid reason, the Seller reserves the right to demand compensation for the costs of manipulation, transport, and other possible costs.

Tracking the shipment
The delivery service provides tracking of the shipment through an electronic service. The shipment tracking service allows the sender and the recipient to obtain relevant information about the location of the shipment and what is happening with it at any time.

TERMINATION OF CONTRACT AND RETURN OF PURCHASED PRODUCT

Termination of Sales Contract
The Buyer has the right, without specifying a reason, to terminate the contract of sale concluded outside business premises and distance contracts within 14 (fourteen) days from the day of receiving the Product by the Buyer. To exercise the right of unilateral termination of the Sales Contract, the Buyer must inform the Seller in writing of their decision to unilaterally terminate the contract before the expiration of the specified period, by sending an unequivocal statement by mail or email, including their name, address, phone number, or email address. The Buyer can send the unequivocal statement of the decision to unilaterally terminate the contract using the  form for unilateral termination of the contract available at this link.

In the event of contract termination, each party is obliged to return what it has received under the contract. In the case of unilateral termination of the Sales Contract by the Buyer under Article 72 of the Consumer Protection Act, the Buyer is obliged to return the delivered goods to the Seller at their own expense, to the Seller's address.

The Seller must, without delay and no later than 14 days from the day of receiving the Buyer's notice of the decision to terminate the contract in accordance with Article 74 of the Consumer Protection Act, refund the funds to the Buyer. The Seller is not obliged to refund additional costs resulting from the Buyer's explicit choice of a type of transport different from the type of standard transport offered by the Seller. The Seller must make the refund only after the goods have been returned to him. The Seller must make the refund using the same means of payment that the Buyer used when paying. The seller will reduce the amount of the refund by 5 EUR, which is the shipping price paid by the seller when the product is sent to the customer, and this applies to invoice amounts above 70 EUR, while for amounts below 70 EUR, the refund is reduced by the amount of 6 EUR, which is the amount of delivery in that case - valid if the delivery is within Croatia. Outside of Croatia, different amounts apply, depending on where the product is sent.

The seller will reduce the amount of the refund by 5 EUR, which is the shipping price paid by the seller when the product is sent to the customer, and this applies to invoice amounts above 70 EUR, while for amounts below 70 EUR, the refund is reduced by the amount of 6 EUR, which is the amount of delivery in that case - valid if the delivery is within Croatia. Outside of Croatia, different amounts apply, depending on where the product is sent.

The precondition for unilateral termination of the contract is that the product has not been used.

Loss of the right to terminate the sales contract
The Buyer does not have the right to terminate the contract in cases specified in Article 79 of the Consumer Protection Act, i.e., if:
– the subject of the contract is goods or services whose price depends on changes in the financial market beyond the Seller's control and which may occur during the Buyer's right to unilateral termination of the contract
– the subject of the contract is goods made to the Buyer's specifications or clearly tailored to the Buyer

Return of Products Procedure
The ordered products are packaged in a way that prevents damage during regular handling in transport/delivery. Packages may include various protective materials to prevent breakage (paper, styrofoam, sponge, and/or similar). In all cases of returning the Product for any reason, the Buyer must return the Product complete, in the condition it was delivered, and in the original packaging (commercial packaging in which the goods were delivered), with all accompanying parts and documentation, and any label indicating that the Product has not been used or damaged must not be removed or damaged. The Buyer must return the Products to the Seller at their own expense to the address: Očna optika Luna d.o.o., J. Slavenskog 1, 10110 Zagreb, unless it is a return of a damaged product that arrived in that condition to the Buyer and in agreement with the Seller, the pickup costs are borne by the Seller.

If the Buyer returns a defective product, with major damages, or without parts and documentation, and if they do not do so within the specified period of 14 days, it is considered that the Buyer has not fulfilled their obligation to return the goods, and the Seller is not obliged to refund the paid funds or replace the product.

In the case of distance contracts where, due to the nature of the product, the return cannot be made in the usual way described above, the Buyer also bears the costs of returning the goods in another way. The Buyer must return the goods without delay and no later than 14 days from the day when, in accordance with Article 74 of the Consumer Protection Act, they informed the Seller of their decision to terminate the contract. It is considered that the Buyer has fulfilled their obligation on time if they send or deliver the goods to the Seller before the expiration of the aforementioned period. The Buyer is responsible for any decrease in the value of the goods resulting from handling the goods, except for what was necessary to determine the nature, characteristics, and functionality of the goods.

WHEN PAYING IN INSTALLMENTS, WE ARE NOT POSSIBLE TO MAKE A PARTIAL REFUND, BUT A FULL REFUND.

Validity of the Return
If the request for return is justified, the Seller will, based on the request for return or replacement, refund the funds to the Buyer's card/account used for the payment or replace the product with a new one within a reasonable period from the date of receiving the returned product at the address specified in the complaint form.

If the Seller unequivocally determines that the complaint about the product is unfounded or that the defects of the ordered product occurred due to inadequate handling, installation, or use, the Seller is not obliged to refund the money or provide a replacement product. The complained product will be returned to the user at their expense with a written explanation of the reasons for rejecting the request for return or replacement.

If, during the packaging of ordered products, an unintentional error occurs, and the buyer does not receive the product they ordered but another one, they must report it to the email [email protected]. In this case, the user returns the incorrectly delivered product at the expense of the Seller, who undertakes to deliver the ordered product or refund the money (according to the user's request) within fifteen (15) days from the receipt of the incorrectly delivered item.

SOLD-OUT ITEMS

Unable to Deliver – Sold-out Items
In individual cases, due to high demand, it is possible that the Seller will not be able to deliver some of the ordered Products, or some of the Products from the offer are completely or partially sold out. In the case of sold-out Products, the Buyer will be informed before the delivery of the goods by email or phone, and in this case, the Seller is not responsible.

PRICES

Očna optika Luna d.o.o. reserves the right to change prices without prior notice and will not be responsible for any possible consequences arising from such changes. Prices are valid for the current order as they are at the time of order delivery. Product prices in reviews include VAT and apply exclusively to online purchases. Prices are expressed in euros.

PRODUCT COMPLAINTS AND SUBMITTING OBJECTIONS

Product Quality
The Seller guarantees the quality of the products guaranteed by the product manufacturer.

Customer Complaints
In accordance with Article 10 of the Consumer Protection Act, the Seller allows all Buyers to submit their complaints by mail to the Seller's address (Očna optika Luna d.o.o., J. Slavenskog 1, 10000 Zagreb) or by email to [email protected], and the Seller will inform the Buyer of the received complaint. The Seller will respond to all comments and complaints within 15 days from the date of receiving the complaint.

To confirm the receipt of a written complaint and then respond to it, the Buyer needs to provide accurate information to receive it.

Responsibility for Material Defects
The Seller is responsible for material defects in the product according to the Obligations Act (Articles 400-422).

The Seller is responsible for material defects in the product until the moment of the risk transfer to the buyer (the moment of handing over the item to the buyer or a third person designated by the buyer, who is not the carrier), regardless of whether the material defect was known to him. The same applies to material defects that occur after the transfer of risk to the buyer if they are a consequence of a cause that existed before that. It is presumed that the defect that occurred within one year from the transfer of risk to the buyer existed at the time of the risk transfer unless the seller proves otherwise or it arises from the nature of the thing or the nature of the defect.

If a defect occurs within one year from the day of risk transfer to the consumer, and the trader believes that the defect did not exist at that time, the cost of expert examination is borne by the trader. If the defect occurs after the period of one year from the day of risk transfer to the consumer but not later than

24 months from the day of risk transfer to the consumer, the cost of expert examination is borne by the trader or the consumer, depending on the result of the examination.

Existence of Defects:

- If the item lacks the necessary qualities for its regular use or circulation,
- If the item lacks the necessary qualities for a particular use for which the buyer acquired it, and which were known to the seller or should have been known,
- If the item lacks the qualities and characteristics that were explicitly or implicitly agreed upon, or prescribed,
- When the seller delivers an item that is not identical to the sample or model, unless the sample or model was shown only for information purposes,
- If the item lacks qualities that are otherwise present in items of the same kind, and which the buyer could reasonably expect given the nature of the item, especially taking into account public statements by the seller, manufacturer, and their representatives about the properties of the item (advertisements, labeling, etc.).

The consumer is obligated to inform the seller of the existence of visible defects within two months from the day of discovering the defect, and no later than two years from the transfer of risk to the consumer.

When, after receiving the item, it is found that the item has a defect that could not be discovered by regular inspection upon taking possession of the item, the buyer is obligated, under the threat of losing the right, to inform the seller of that defect within two months from the day of discovering the defect.

The seller is not liable for defects that become apparent after two years from the delivery of the item. The rights of the buyer who timely informed the seller of the existence of the defect expire after two years from the date of sending the notice to the seller, unless the buyer has been prevented from exercising them by the seller's fraud.

If a material defect is found, the seller may have one of the following obligations, all in accordance with the provisions of the Obligations Act:

- Removal of the defect,
- Delivery of another item without defects,
- Price reduction,
- Termination of the contract.
Rights based on a material defect are regulated by the Obligations Act.

When the buyer is a legal person, the rules on material defects prescribed by the Obligations Act apply to them, especially in the part where the material defect for legal persons is regulated differently from what is stated here in the Purchase Terms, then the Obligations Act applies.

Dispute Resolution
All disputes that may arise based on these Terms will be resolved before the competent court in Zagreb.
In the event of a dispute, the Seller and the Buyer will resolve the dispute amicably, and if not possible, the court competent in terms of subject matter and territorial jurisdiction, applying Croatian law, shall have jurisdiction. Dispute resolution is possible before the Croatian Chamber of Commerce Court of Honor or other mediation centers.

Consumer disputes can be resolved through the European Commission's ODR platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.

 

Last updated on 25/09/2024