Terms and Conditions
Očna optika Luna d.o.o.
Registered Office Address: J. Slavenskog 1, Zagreb, Croatia
MB 2463431
OIB: 01703143622
IBAN: HR6223600001102058546, Zagrebačka banka d.d.
Phone Number: +385 1 3882 376
E-mail: [email protected]
Management: Martina Frković and Ivan Frković
Share Capital Amount: 53089.12 EUR / 400,000 HRK paid in full
GENERAL TERMS AND CONDITIONS
Please read these Terms of Use carefully before using the website www.optika-luna.hr for the purpose of purchasing advertised products or obtaining information about a particular product.
By using the website www.optika-luna.hr for purchasing or gathering information about the products featured on it, you confirm that you are familiar with these Terms of Use and agree to comply with them. If you do not agree with these terms, do not use this website for purchasing products, obtaining information, or for any other purpose.
General Terms of Use
All data on the website www.optika-luna.hr is displayed for informational purposes only and in good faith. Accurate information can be found on the manufacturer's pages.
These General Terms establish the relationship between Visitors, Buyers, and Sellers concerning the terms and conditions of product ordering, product prices, payment, delivery, product quality, complaints, returns and deliveries, personal data protection, and other issues related to the use of the website www.optika-luna.hr and online shopping.
1.1 Terms
In these General Terms, terms written in bold have the following meanings:
Seller: Luna Eye Optics Ltd, J. Slavenskog 1, 10 000 Zagreb, registered with the Commercial Court in Zagreb under the registration number (MBS): 080680647, OIB: 01703143622, IBAN: HR6223600001102058546, opened with Zagrebačka Banka d.d., Trg bana Josipa Jelačića 10, 10 000 Zagreb, Croatia.
www.optika-luna.hr – Website owned by the Seller;
Buyer: a person who, via electronic communication means, registers personal data and orders at least one product offered on the website www.optika-luna.hr
Website Visitor: a person who, via electronic communication means, accesses www.optika-luna.hr, freely browses the displayed product offers;
Users: Buyers and Website Visitors together;
Use of www.optika-luna.hr: accessing the www.optika-luna.hr website to obtain information about its content, offers, products, and/or online shopping;
Online Shopping: making product purchases through www.optika-luna.hr
Retail Price is the price displayed for each product and is expressed in Croatian kuna with the corresponding VAT;
Accepted Offer is an offer for which payment has been made;
Products: all products featured on www.optika-luna.hr, available for purchase through online shopping;
Content includes:
– all information on the website that can be accessed in any way
– content of each email sent by the Seller to Users
– information about the products, services, and/or tariffs of the Seller in a specific period
– information about the products, services, and/or tariffs applied by a third party with whom the Seller has concluded contracts, in a specific period
– Seller's information
Service: e-commerce service exclusively on publicly available parts of the Website, providing Users the opportunity to contract products and/or services using only electronic means, including other means of distance communication;
Transaction – payment or refund of the payment amount after the Seller has sold the product/service to the User, using the services of a mediator in card payment accepted by the Seller, bank transfer, or in any other way permitted by the Seller, regardless of the delivery method.
The meaning of the terms stated in these General Terms (singular words include the plural and vice versa unless context indicates otherwise).
1.2. Access to the Website
By accessing the Website using the appropriate technical means and using them, each User undertakes to respect these General Terms and agrees to be bound by the provisions of these General Terms.
1.3. Purchase Agreement
The Purchase Agreement for the Product between the Buyer and the Seller is concluded at the moment of payment confirmation, when the Seller receives an electronic message containing the Buyer's statement as an offeror accepting the offer, or at the moment when the Seller receives the Product order from the Buyer.
1.4. Acceptance of General Terms
These General Terms are drafted in accordance with the Consumer Protection Act (hereinafter: CPA), the Electronic Commerce Act (hereinafter: ECA), and the Obligations Act (hereinafter: OA), together with the data published on the website www.optika-luna.hr, constitute a pre-contractual notice within the meaning of Article 57 of the CPA. By using www.optika-luna.hr, it is considered that the User is familiar with these General Terms and accepts them. The Seller disclaims any responsibility for any disputes that may arise due to the Visitor, User, and/or Buyer not reading the General Terms.
Legal entities as buyers are subject to the application of the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These Purchase Terms apply to legal entities in the part related to the main features of the product, the process of concluding the contract, product prices, payment method and product delivery, description of the product delivery method, delivery costs, general information. At its discretion, the Seller may grant legal entities the rights that a consumer has in each specific case.
2. LIMITATIONS OF USE AND RESPONSIBILITIES
2.1. User Obligations When Using
The User undertakes not to:
– Use the Seller's website in any way contrary to positive regulations.
– Introduce or distribute through the Seller's website any content that is contrary to positive regulations, alter, delete, or destroy any data on the Seller's website.
2.2. Documents, Data, and Information
Documents, data, and information published on the website may not be reproduced, distributed, or used in any way for commercial purposes without the explicit consent of the Seller or in any way that may cause damage to the Seller or any third party.
By using the websites, the user is granted a limited, non-exclusive, non-transferable, and revocable license to use the content of the websites in a way that they are viewed for personal purposes.
The Seller expressly retains and does not transfer to the user any other rights regarding the content of the websites. The use of the content of the websites is prohibited, except as provided in these General Terms and as may be permitted by instructions on the websites themselves.
The user, in particular, has no right to download, reproduce, modify, edit, distribute, display, delete, send, sell, resell, adapt, change the content, create derivative works, include on other websites or media, or use in any other way except for personal purposes for household use.
Product photos displayed on www.optika-luna.hr are purely illustrative and may not always correspond in all details to the actual appearance and content of the product. Due to the possibility of individual monitor settings on a computer, differences in the perception of the color of the product by the human eye, and similar variables, the Seller does not guarantee complete conformity of the colors of the delivered products with the colors as seen by the Buyers on their monitor screen.
Optika Luna reserves the right to errors in the description and image of the product.
NOTE:
Optika Luna does not guarantee that product photos fully correspond to the appearance of the product itself. We are not responsible for possible unintentional errors in the product description. Variations may occur between the actual product and the product photo and description on these pages if the manufacturer changes any of the product characteristics. All descriptions are regularly and thoroughly checked.
In the event of the above-mentioned discrepancy between the product shown in the photo and the delivered product, it does not constitute a product defect, and therefore, it is not a basis for product return.
Photos, texts, and other materials must not be published, sold, publicly or privately published, copied, distributed, transferred to third parties, modified and/or damaged, used for attaching, displaying, used in any other context other than the original context, removing marks indicating the Seller's copyright on the content, nor participating in the transfer, sale, distribution of materials created by duplication, modification, or display of content, except with the explicit consent of the Seller.
The content, as defined in point 1.1, includes but is not limited to the logo, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on the Website, is exclusively the property of the Seller and is protected by domestic and international regulations on the protection of copyright and related rights, i.e., industrial property rights, and its unauthorized use constitutes a violation of intellectual property laws. The Seller retains all copyright acquired directly or indirectly (licenses for use and/or publication) for the use of photos, text, and other published materials, in terms of positive legal regulations in the Republic of Croatia. All software used on www.optika-luna.hr is the property of the Seller or software solution providers and is also protected by regulations on the protection of copyright and related rights.
It is not allowed to use the website www.optika-luna.hr or any of its content in HTML Frame elements or any "framing" techniques to use the trademark, logo, or other information owned by the Seller (including images, text, layout of elements on the page, or form) without direct written permission from the Seller. The use of HTML meta-tags or any hidden text using the name or trademark of the Seller without the direct written permission of the Seller is not allowed.
The Seller is not responsible for the accuracy or reliability of any statement, opinion, advice, or statement published on www.optika-luna.hr, by the User or any third party not authorized by the Seller. The Seller also assumes no responsibility for any loss or damage incurred by the Buyer by relying on information obtained through www.optika-luna.hr. Buyers take full responsibility for assessing the quality, accuracy, usefulness, or completeness of any information, assessment, opinion, advice, or other content available through www.optika-luna.hr.
2.3. Disclaimer of Liability
2.3.1. Use
The Seller completely disclaims any liability that may arise in any way from or is in any way related to the use of the website, and for any damage that may arise to the User or any third party in connection with the use or misuse of the content of the website.
2.3.2. Devices
The Seller is released from any liability for damage that could occur to devices that enable access to www.optika-luna.hr and data stored on those devices during the use of www.optika-luna.hr if it occurs due to unlawful actions of third parties, computer viruses, and the like, and other cases for which the Seller is not responsible.
2.4. Amendment of General Terms
The Seller is authorized to change the content of these General Terms, the range of products, other data related to online trading, as well as all other content of www.optika-luna.hr without prior notice, provided public announcement on the www.optika-luna.hr website, for which reason Users are obliged to review the content of the website during each visit. Acting contrary to this releases the Seller from any responsibility.
2.5. Costs of Use
The services provided by the Seller within the Online purchase service on www.optika-luna.hr do not include the costs incurred by Users using computer equipment and services to access the pages. The Seller is not responsible for telephone costs, Internet traffic, or any other costs, nor does it bear any responsibility for any damage that may arise due to the interruption of the Internet connection during the use of the Online purchase service.
2.6. Majority
The Buyer can only be a legal and business capable person. Contracts on behalf of and for the account of minors or completely legally incapable persons can be concluded by their legal representatives, and partially business capable persons can conclude a contract only with the consent of their legal representatives. The Seller is not responsible for any action contrary to this provision.
2.7. Accuracy of Personal Data
When using the www.optika-luna.hr website, Users are obliged to provide accurate, valid, and complete personal data, especially when filling out the order form. Acting to the contrary authorizes the Seller to deny access to such a user or deny the realization of all or part of the services, i.e., Products offered to them.
2.8. Reports of Violations of Protection and Rights
The Seller respects the intellectual property rights and other rights of third parties. If you believe that your work has been copied or your rights have otherwise been violated, please inform us.
3. ONLINE PURCHASE
By ordering the product and entering their information, the user confirms:
– Full acceptance of these General Terms
– Completeness, accuracy, truthfulness, and timeliness of personal data
– Explicit consent to the Seller to process the provided personal data for the purpose of maintaining their records, providing other services, creating a customer database, informing about new products and services, improving services, protecting the interests of users and the Seller, and preventing potential abuses.
3.1. User Information
The Seller undertakes to regularly maintain the website www.optika-luna.hr and provide Visitors and Buyers with clear, concise, easily understandable information about the Products offered, tailored to the means of remote communication. At the time of ordering a specific Product from the offer, the User, by accepting these General Terms, confirms that they have been informed in a timely manner before concluding a sales contract (pre-contractual notice) about the main characteristics of the product or service, the name and registered office, telephone number, email address, geographical address of the place of business to which complaints can be addressed, the retail price of the product or service, transport costs, delivery, payment terms, terms of delivery of goods or provision of services, delivery time, methods of handling complaints, conditions, deadlines, and procedure for exercising the right to unilateral termination of the contract, services offered after the sale (servicing and sale of spare parts), warranties provided with the product or service, consumer's right to terminate a contract concluded through means of distance communication within 14 (fourteen) working days, situations where the consumer's right to terminate the contract is excluded, costs of using means of distance communication when these costs are not charged based on the basic tariff, the period during which the offer or price is valid, and these General Terms.
3.2. Pre-contractual Notice
In accordance with Article 57 of the Consumer Protection Act, the Seller will inform the Buyer in a clear and understandable manner about:
– The main characteristics of the product or service, to the extent appropriate to the nature of the product or service and the medium used for transmitting information
– Their name and registered office, telephone number, and, if available, email address
– The geographical address of their place of business to which the consumer can address their complaints
– The retail price of the product or service, and if the nature of the product or service does not allow the price to be calculated in advance, the method of calculating the price and, if applicable, other costs such as transport, delivery, or postal services, or information that these costs may be charged if they cannot be reasonably calculated in advance
– Costs of using means of distance communication for the purpose of concluding a contract if these costs are not charged based on the basic tariff
– Payment terms, terms of delivery of goods or provision of services, delivery time, and, if available, the method of handling consumer complaints by the merchant
– Conditions, deadlines, and procedure for exercising the right to unilateral termination of the contract, as well as the form for unilateral termination of the contract in accordance with Article 74, paragraph 1, of this Act, in cases where this right exists
– The fact that the consumer is obliged to bear the costs of returning the goods in case they exercise their right to unilateral termination of the contract under Article 72 of this Act, or the costs of returning the goods in case of distance contracts where, due to the nature of the goods, they cannot be returned by mail in the usual way
– The fact that, in the event that the consumer exercises their right to unilateral termination of the contract under Article 72 of this Act after submitting a request in accordance with Article 64 or Article 70 of this Act, the consumer shall be obliged to pay the merchant a reasonable part of the price in accordance with Article 77, paragraph 7, of this Act
– The fact that the consumer cannot use the right to unilateral termination of the contract under Article 72 of this Act in cases where, based on Article 79 of this Act, this right is excluded, or the assumptions under which the consumer loses the right to unilateral termination of the contract
– The existence of liability for material defects
– Services or assistance offered to the consumer after the sale and the terms of use of these services or assistance, if provided by the merchant, as well as any warranties issued with the product or service
– The existence of appropriate merchant conduct rules, as defined by Article 5, point 18, of this Act
– The duration of the contract, if the contract is concluded for a fixed period, or the conditions for termination or termination of a contract concluded for an indefinite period, or one that is automatically renewed
– The minimum period for which the consumer is bound by the contract, if applicable
– A deposit or other financial security that the consumer is obliged to pay or obtain at the request of the merchant, as well as the conditions for payment of this deposit or the conditions for obtaining other financial security
– If applicable, the functionalities of digital content, including necessary technical protection measures for that content
– If applicable, the interoperability of digital content with computer or software equipment that the merchant knows or should know
– Mechanisms for out-of-court dispute resolution, or compensation systems, and how the consumer can use them.
All the aforementioned notices, i.e., those necessary according to the Consumer Protection Act, are contained in these General Terms.
The Seller will provide the Buyer, as a consumer within the meaning of the provisions of the mentioned Consumer Protection Act, with a confirmation of the pre-contractual notice in written or any other durable medium available to the consumer, possibly before but no later than at the time of delivery of the product, or at the latest on the day of commencing the service. By agreeing to these General Terms, the Buyer agrees to receive the confirmation of the pre-contractual notice via email to the email address provided during the order placement or by mail to the home address together with the delivery of the Product and the invoice.
3.3. Seller's Disclaimer
The Seller is not responsible for delays in delivery or any problems arising from incorrect or inaccurate customer data. The Seller is also not responsible for damages that occurred during transport.
3.4. Impossibility of Delivery
If the Seller is unable to deliver any of the ordered products, they will contact the buyer by phone or email, informing them accordingly. The buyer has the option to cancel the ordered product or request a replacement product. All other ordered products will be delivered to the Buyer.
4. PRODUCT PRICES
4.1. Prices
The Seller undertakes to clearly, visibly, and legibly display the amount of the retail price in accordance with Article 7 of the Consumer Protection Act (NN 41/14). All displayed product prices and delivery prices are retail prices, expressed in euros, and include the corresponding VAT. Delivery costs are not included in the product prices. Prices, payment terms, and promotional offers are valid only at the time of ordering and/or payment and are subject to change without prior notice.
4.2. Price Control
The process of entering prices on the website for each product is subject to multi-level control, but despite that, errors may occur as it is not an automatic entry. Such situations are exceptional, and the Seller apologizes in advance to its customers because they will be forced to inform them about the situation, incorrect prices for a specific product, and the impossibility of delivery for a specific customer order.
4.3. Price Changes
The Seller is authorized to change prices without prior notice, as well as to change prices exclusively for online purchases without prior notice.
4.4. Sales and Promotional Sales
The Seller is authorized to determine a sale, daily or weekly promotional sale at any time for a specific Product, a group of Products, and/or all Products.
4.5. Quantity of Products on Promotional Terms
Prices, payment terms, and promotional offers are valid only at the time of ordering. In the case of a promotional sale, please note that the sale of products on promotion is limited. Customers may be provided with a limited quantity of products.
4.6. Conversion Statement
All payments will be made in euros. The amount to be charged to your credit card is obtained through the conversion of the price into euros from your currency according to the valid exchange rate of the Croatian National Bank.
When paying with your credit card, the same amount is converted into the buyer's local currency according to the valid exchange rate of the card associations.
As a result of the conversion of the price, there may be a small difference in the amount compared to the original price displayed on our website.
5. PAYMENT METHODS
5.1. Choice of Payment Method
The Buyer will pay for the ordered Products and delivery according to the model they choose during the order fulfillment. Payment for the Products can be made through:
– Single online payment by credit and debit cards
– Online installment payments by credit and debit cards
Detailed instructions on payment methods can be found here: Payment Methods
5.1.1. Card Payments
When paying by credit and debit cards, payment authorization is done automatically. The Seller bears all manipulative costs of credit/debit card authorization for the user. In case of unsuccessful payment authorization, the purchase process is terminated. The Buyer is responsible for the accuracy of the data provided when using the webshop service.
Card payment services for the Seller are provided by the WSPay™ service of the company Webstudio d.o.o. WSPay™ is a system that manipulates data through multiple encryption and special channels. WSPay™ applies the most modern standards in data protection – the Secure Socket Layer (SSL) protocol with 128-bit data encryption and the MD5 algorithm. The ISO 8583 protocol ensures that the exchange of data between the Webstudio system and the authorization centers of card companies is carried out in a private network, protected from unauthorized access by a double layer of "firewalls." The WSPay™ system is installed on servers under the control of the company Webstudio d.o.o.
The Seller does not take responsibility for any direct or indirect damages that Buyers may suffer due to the temporary, partial, or complete unavailability of the WSPay™ service.
5.2. Payment Execution
Payment is considered executed at the moment of receiving authorization from the card issuer or visible payment to our bank account.
5.3. Invoice
The invoice will be enclosed in the package (or one of the packages if the ordered goods are delivered in multiple packages).
6. PRODUCT COMPLAINTS AND SUBMISSION OF OBJECTIONS
6.1. Product Quality
The Seller guarantees the quality of the products provided by the product manufacturer.
6.2. 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 or by email to the Seller's email address [email protected]. The Seller will inform the Buyer about the received complaint. The Seller will respond to all comments and complaints within 15 days from the date of receiving the complaint.
In order for the Seller to confirm the receipt of a written complaint in accordance with Article 10, paragraph 5, of the Consumer Protection Act and then respond to it, the Buyer needs to provide accurate information for receiving it.
6.3. Responsibility for Material Defects
The Seller is responsible for material defects of the product in accordance with the Obligations Act (Articles 400-422).
The Seller is responsible for material defects in the product until the moment of the transfer of risk to the buyer (the moment of handing over the thing to the buyer's possession or a third person designated by the buyer, who is not the carrier), regardless of whether the material defect was known to him. Also, the Seller is responsible for those material defects that occur after the transfer of risk to the buyer if they result from the causes that existed before that. It is understood that the defect that occurred within one year from the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or the nature of the thing or the nature of the defect indicates otherwise.
If a defect occurs within one year from the date of the transfer of risk to the consumer, and the merchant believes that the defect did not exist at that time, the cost of expertise is borne by the merchant. If the defect occurs after the period of one year from the transfer of risk to the consumer but no later than
24 months from the date of the transfer of risk to the consumer, the cost of expertise is borne by the merchant or the consumer, depending on the result of the expertise.
The defect exists:
-if the thing does not have the necessary qualities for its regular use or traffic,
-if the thing does not have the necessary qualities for the particular use for which the buyer procures it, and which were known to the seller or should have been known to him,
-if the thing does not have qualities and characteristics that are explicitly or implicitly agreed or prescribed,
when the seller delivers a thing that is not the same as the sample or model, unless the sample or model was shown only for information purposes,
-if the thing does not have qualities that otherwise exist in other things of the same kind and which the buyer could reasonably expect given the nature of the thing, especially taking into account the public statements of the seller, manufacturer, and their representatives about the properties of the thing (advertising, labeling of things, etc.).
The consumer is obliged to inform the seller of the existence of visible defects within two months from the day he discovered the defect, and no later than two years from the transfer of risk to the consumer.
When a defect is found after the receipt of the thing by the buyer, which could not be discovered by a regular inspection upon taking over the thing, the buyer is obliged, under the threat of losing rights, to report this defect to the seller within two months from the day he discovered the defect.
The Seller is not liable for defects that occur more than two years after the delivery of the thing. The rights of the buyer who has timely notified the seller of the existence of a 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 determined, the seller may have one of the following obligations, all in accordance with the provisions of the Obligations Act:
-removing the defect,
-delivery of another product without defects,
-price reduction,
-termination of the contract.
Rights based on a material defect in the thing are regulated by the Obligations Act.
When the buyer is a legal entity, the rules on material defects prescribed by the Obligations Act apply to him, especially in the part where material defects for legal entities are regulated differently from what is stated here in the Purchase Terms, then the Obligations Act applies.
Consumer disputes can be resolved through the ODR platform of the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.
7. DELIVERY
Delivery is carried out by the delivery service of the Craotian Post Office and is done as soon as possible from the day of the order, depending on the availability of the goods. Sometimes there may be slight delays in delivery, but we are always available by phone: +385 1 3882 376 or email: [email protected]. For orders less than 70 EUR a delivery fee of 6 EUR is charged; while for orders over 70 EUR are charged 5 EUR. This applies to orders within the Republic of Croatia. Delivery is made to the address specified by the buyer when entering their details on our website.
The delivery cost outside the Republic of Croatia is different and depends on where it is sent, and the Buyer bears it entirely, as well as possible additional costs of Customs and other costs associated with it, over which the Seller cannot influence.
7.1. Inspection upon Receipt
When 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 worker and refuse to accept the delivered products with visible damage.
– open the shipment in front of the courier and compare the delivered products with the delivery note, and if something is missing or if products that were not ordered are delivered, immediately report them to the courier.
If a product has a hidden defect (a defect that could not be detected by a regular inspection upon receipt of the item) - which the buyer discovers when opening the product - the buyer has the right to unilaterally terminate the contract and receive a refund, exchange the product, eliminate the defect, or reduce the price.
7.2. Incorrectly Delivered Product
In cases where the Buyer receives 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 of the paid product price, delivery cost, and compensation for the return of the product. The Buyer is obligated to return the incorrectly delivered product.
7.3. Receipt of the Shipment
Upon delivery, along with the purchased product, the Buyer receives all documents accompanying the product (warranty certificate, product information, product usage instructions, technical instructions, conformity statement, and others), an invoice, and a confirmation of receiving the shipment that they are obliged to sign (except in the case of contactless delivery), if there is no reason for a complaint. By accepting the shipment, the Buyer confirms that, during the acceptance of the product, they have inspected it, and the product was received without any visible external damages, quantitatively and qualitatively corresponding to the products on the invoice, and that all documents required by legal regulations have been delivered with the products.
If, during the inspection of the delivered products, the Buyer notices a reason for a complaint as described above, they must immediately report it to the delivery person because complaints reported after the delivery of the products will not be considered by the Seller.
7.4. Refusal to Accept
If the Buyer refuses to accept the product without a valid reason, the Seller reserves the right to demand compensation for handling, transport, and other possible costs.
7.5. Shipment Tracking
The delivery service provides shipment tracking through electronic services. The shipment tracking service allows the sender and recipient to obtain relevant information about the location and status of the shipment at any time.
8. TERMINATION OF CONTRACT AND RETURN OF PURCHASED PRODUCT
8.1. Termination of the Sales Contract
The Buyer has the right, without stating 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. In order to exercise the right to unilateral termination of the sales contract, the Buyer must inform the Seller of their decision to unilaterally terminate the contract before the expiration of the specified deadline, in a clear statement sent by mail or email, stating their name, address, telephone number, or email address. The Buyer can send the clear statement of the decision to unilaterally terminate the contract using the sample form for unilateral termination of the contract found in the Payment Terms or at the bottom of the website, where other information about contract termination and payment is also available.
In the event of contract termination, each party is obliged to return to the other what they received based on the contract. In the case of unilateral termination of the sales contract by the Buyer according to 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 within 14 days from the day they received notice of the Buyer's 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 standard type offered by the Seller. The Seller must refund the payment only after the goods have been returned. The Seller must make the refund using the same means of payment that the Buyer used for payment.
A prerequisite for unilateral termination of the contract is that the product has not been used.
8.2. Loss of 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 control of the Seller, which may occur during the Buyer's right to unilateral contract termination
– the subject of the contract is goods made according to the Buyer's specifications or clearly tailored to the Buyer
8.3. Execution of Product Return
The ordered products are packaged in a way that they are not damaged by normal handling in transport/delivery. Packages may include various protective materials to prevent breakage (paper, styrofoam, sponge, or similar). In all cases of product return for any reason, the Buyer must return the product to the Seller in its original condition and packaging (commercial packaging in which the product was delivered), with all accompanying parts and documentation. 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 concerns the return of a damaged product that arrived in that condition to the Buyer, in which case the Seller bears the costs of collection in agreement with the Buyer.
If the Buyer returns a faulty product, with significant damage, 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 provide a replacement.
In the case of contracts concluded at a distance, if, due to the nature of the product, it cannot be returned in the usual manner described above, the Buyer also bears the costs of returning the product in another way. The Buyer must return the product without delay, and no later than within 14 days from the day when, according to 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 the goods or hand them over to the Seller before the expiration of the aforementioned deadline. The Buyer is responsible for any reduction 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.
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.
8.5. Justification for return
If the request for return is justified, the Seller will, based on the return or exchange request, refund the Buyer to the card/account used for 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 unjustified or that the non-conformity of the ordered product is 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 return or replacement request.
If, during the packaging of ordered products, an unintentional error occurs, and the buyer receives a different product than the one ordered, they are required to report it to the email [email protected]. In that 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.
9. SOLD-OUT ITEMS
9.1. Unavailability of delivery – 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 notified before delivery by email or phone, and in this case, the Seller is not responsible.
10. PERSONAL DATA PROTECTION
10.1. Privacy of personal data
The Seller undertakes to protect the privacy of personal data of all Users who provide them for the purpose of order processing, and will handle them in accordance with the Personal Data Protection Act and other applicable regulations. If you want to contact us regarding these rules or your personal data, please contact us at Očna optika Luna d.o.o., J. Slavenskog 1, 10 000 Zagreb, and the Data Protection Officer can be contacted at [email protected]
In case of consent to the provision of personal data, it will be considered that the User has agreed to the terms of use of personal data provided by these General Terms and Conditions, based on which the Seller has the right to collect, use, process, and transmit personal data necessary for the use of the website.
10.2. Collection, processing, and use of personal data
We collect your personal data when necessary to meet your consumer needs or for the purposes of our business:
– When you access the www.optika-luna.hr website, we will collect your IP address, which is considered personal information.
– When inquiring about the prices of our products and promotions, we, as the data controller, will request the entry of information about yourself (personal data), such as email address, name, and surname.
– In situations where we collect other types of data, such as the date and time of access to the website, information about the hardware, software, or internet browser you use, as well as your operating system and application version, and your language settings. We may collect information about clicks and your access to the www.optika-luna.hr page that has been presented to you.
– If you purchase our product for the execution of a contract, we will share data about your name, surname, delivery address, phone number, and email address with our partners who provide delivery services on our behalf.
– When you contact us by phone and request assistance or ask a question so that we can fulfill your rights guaranteed by applicable regulations.
– When you contact us through social media, we collect the information you have made available to us when making inquiries or requests.
– When seeking a product return or wishing to unilaterally terminate a concluded contract, we collect your name, surname, address, account information, and purchase amount, depending on the chosen payment method.
We process your personal data because legal regulations require certain actions, or because processing is necessary for the performance of a contract or to take steps before entering into a contract, or based on our legitimate interests, unless those interests are overridden by the interests or fundamental rights and freedoms of individuals requiring the protection of personal data.
If we cannot process personal data based on the aforementioned legal grounds, we will seek your consent. If processing is based on your consent, you have the right to withdraw it at any time. To withdraw your consent, please inform the data controller at email: [email protected] or at the address Očna optika Luna d.o.o., J. Slavenskog 1, 10 000 Zagreb. Such withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.
We process your personal data for the purpose of providing information about our offers, news, events, and promotions, performing contracted services, video surveillance, maintaining personnel records and accounting information with employees, for our own records, providing other services, creating a customer database, and improving services. In all emails, there is an option to unsubscribe from the recipient list.
Please pay attention to the mandatory scope of data we request from you. If a buyer or user does not provide the required information specified as mandatory to perform the requested or expected activity, unfortunately, participation in the same will not be allowed, and without the requested data, the activity will not be technically feasible.
We collect your personal data for sending notifications about events, offers, useful information, and tools; to perform contracted services; for our own records and providing other services, creating a customer database, and improving services.
We do not process personal data in a manner that is incompatible with the purposes for which they were collected, unless otherwise prescribed or based on the user's consent.
Keep in mind that at any time, you have the right to request the following from the Seller:
– To allow you access to your personal data (You have the right to obtain confirmation from the Seller whether your personal data is being processed, and if such personal data is processed, access to personal data. Information about access includes, among other things, the purposes of processing, categories of personal data concerned, recipients or categories of recipients to whom personal data has been or will be disclosed. However, this is not an unconditional right, and the interests of other individuals may limit your right of access. You have the right to obtain a copy of the personal data being processed. For further copies you request, we may charge a reasonable fee based on administrative costs.)
– Request correction of incorrect data (You have the right to obtain from the Seller the correction of your inaccurate personal data. Taking into account the purposes of processing, you have the right to supplement incomplete personal data, among other things, by providing an additional statement.)
– Request the deletion of personal data (Under certain conditions, you have the right to obtain from us the deletion of your personal data, and we are obliged to delete such personal data. If we need your personal data to fulfill some contractual obligation towards you, the Seller may cease to be able to perform such contractual obligations. Also, if your personal data is needed to fulfill certain legal obligations (e.g. tax obligations), your request may not be able to be fulfilled.)
– Restrict access to your data (Under certain conditions, you have the right to obtain from the Seller the restriction of processing your personal data. In that case, the appropriate data will be marked and may only be processed for specific purposes.)
– Object to how we use your data (Under certain conditions, you have the right to object at any time to the processing of your personal data, for reasons related to your specific situation or when personal data is processed for direct marketing, and you can ask us not to process your personal data further.)
– Request data transfer to another data controller (Under certain conditions, you have the right to receive personal data concerning you, which you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit that data to another data controller, without hindrance from the Seller.)
If you want to learn more or want to exercise one or more of the above rights, feel free to contact the Seller at email: [email protected] or at the address J. Slavenskog 1, 10 000 Zagreb.
If you believe that your rights are not being respected, you have the right to lodge a complaint with the Personal Data Protection Agency.
The Seller will keep personal data for as long as necessary for the purposes set out in these General Terms and Conditions. After the expiration of that time, personal data will be destroyed, deleted, or anonymized in a way that ensures the security of personal data.
The Seller will not disclose the personal data of Users to third parties, except for the purpose of performing the service, protecting the interests of users and the Seller, and preventing possible misuse.
The Seller will ensure that the personal data of Users are kept in a secure place (which includes reasonable administrative, technical, and physical protection to prevent unauthorized use, access, disclosure, copying, or alteration of personal data), accessible only to authorized persons of the Seller.
The Seller undertakes to allow Users access to their personal data held to ensure that personal data are accurate, complete, and up-to-date.
If Users request the correction or deletion of their personal data, the Seller will modify or delete such data. By choosing to delete personal data, Users agree that they will be denied access to certain content on the websites.
When providing personal data, the User guarantees that it is complete, truthful, accurate, and up-to-date.
10.2.2. Luna Loyalty Club Rules and Points Redemption
For collecting Loyalty points, it is necessary to join our Loyalty Club by registering or logging in with your personal data. You can sign up when making an online purchase or by purchasing in our physical stores (via your mobile devices). Registration in the Loyalty program or registration on the Očna optika Luna d.o.o. website is exclusively virtual and is available for review at any time through the Očna optika Luna d.o.o. website.
10.2.2.1. Registration/Login
You can make purchases as a registered customer or as a guest visitor by providing only necessary information for order processing and delivery. If you want to register to avoid entering your details each time and gain access to your orders, loyalty program, and other benefits, you can do so in a few steps in the section marked as Loyalty Program or Login.
During the registration process, enter your information and receive a username equal to your email address, which you can use for future visits to the Luna Optics website and future purchases. Registration is also possible during the purchase process for those who, as visitors or guests, already enter their information to complete the purchase. Everyone will have the option to automatically sign in by checking a designated field, allowing the Luna Optics website system to remember the entered purchase information as their registration data.
Regardless of the registration method you use, you are authorized to modify your user data at any time. Luna Optics will provide users with technical means to recognize and correct incorrect data entries during both the registration and purchase processes. However, users are responsible for verifying the correctness and accuracy of the data entered during registration or purchase on the Luna Optics website. Luna Optics considers the entered data relevant and will fulfill its obligations based on these rules.
When registering/logging in on the Luna Optics website, you will be asked if you agree to receive email notifications about special sales conditions, promotions, and discounts applicable to the Luna Optics website and physical Luna Optics stores. If you agree and until you withdraw your consent (which you can do at any time), your email address will be used to send commercial newsletters by Luna Optics. Such email messages will be clearly marked as commercial newsletters, with clear information about Luna Optics as the sender and ways to unsubscribe to stop receiving such email messages.
10.2.2.2. Using Loyalty Points
You accumulate points in the Luna Loyalty loyalty program by spending 3 EUR and receiving 1 point. During online purchases on the Luna Optics website, points are automatically added up and can be checked in your user profile. Based on the accumulated points, you can immediately see the discount you are entitled to.
Points are collected according to the following principle:
LUNA CLASSIC - 10% discount - for 100 to 299 points
LUNA EXPERT - 20% discount - for 300 to 549 points
LUNA EXCLUSIVE - 30% discount - for 550 points and more
You can collect points by purchasing in our physical stores under the same principle, and they are added to your Loyalty account after the purchase. Points collected online and in physical stores are combined.
When you accumulate enough points for a discount, they will be displayed in your Loyalty account under 'My Loyalty,' and you can use them in the online store at www.optika-luna.hr or in physical stores.
During online purchases, when you log in with your information and select a product in the cart, you will have the option to choose whether to use the Loyalty discount (if you have it) when displaying the price.
When making a purchase in a physical store, if you want to use the Loyalty discount, the employee will check the points level and approved discount during the purchase.
Loyalty discounts can be used on the next purchase after earning them and are not valid for the purchase through which you earned the discount. Loyalty discounts do not accumulate with discounts in physical stores, and the higher discount is applied.
Using Loyalty discounts in physical stores - applicable to sunglasses, prescription frames, complete orders, fluids, contact lenses, and chains. The discount does not apply to products that are discounted or in the outlet collection.
Loyalty discounts can be gifted to another person by identifying to adjust the points with their consumption.
Points expire after 12 months from the first accumulated points if not used.
The number of points you have collected is used once and completely when it comes to using the 30% discount.
You can delete your profile and all data at any time and request the deletion of personal information from us.
10.3. Protection of Personal Data and Availability to Third Parties
User personal data is protected in accordance with the Personal Data Protection Act, and the Seller will not make it available to third parties in any way. Necessary personal data is forwarded exclusively to business partners for order delivery. The Buyer has the right to request the correction, amendment, or supplementation of incorrect, incomplete, or outdated data and can contact the personal data collection manager (via email at [email protected] or by mail to J. Slavenskog 1, 10000 Zagreb, marked for GDPR) for any questions regarding personal data protection.
The Seller does not record or store User transaction data required for card payments. The Seller uses third-party services (as stated in Article 5.1.1.) to encrypt and protect your data for credit card payments.
10.4. Providing User Data to Third Parties
The Seller guarantees that the email address and other User data will not be made available to third legal and physical persons without their consent. This excludes access by authorized authorities of the executive power of the Republic of Croatia for the purposes of investigative actions based on a valid court order, in order to perform the service, protect the interests of the user and the Seller, and prevent possible misuse.
10.5. Error Correction
The Seller is not responsible for accidental errors or errors due to force majeure or other objective circumstances causing accidental breach of the guaranteed user data protection. Still, the Seller guarantees that the error will be corrected, if possible, as soon as possible.
10.6. Reporting Errors
The Seller cannot guarantee that the data on the website will be without errors. If an error occurs, please report it to our staff so that we can rectify it as quickly as possible. Additionally, if the Seller, in good faith, believes that a found error is correct, they may delete or modify it.
11. COLLECTION AND PROTECTION OF DATA BY SOCIAL NETWORKS
The Seller collects and processes personal data through user interactions on social networks such as Facebook and Instagram. Responsible persons appointed by the Seller have access to messages and/or posts on these social networks. However, the Seller does not store personal data collected through them, especially those contained in messages. Additionally, the Seller does not process these data for purposes other than those stated in these Terms and Conditions.
The Seller uses a business profile using Facebook and Instagram services, and you can view their Privacy Policies and statements on confidentiality, as well as how they use your personal data, at:
If you have questions regarding the collection and processing of data by Facebook or Instagram or wish to exercise any of your rights guaranteed by the General Data Protection Regulation, you can contact Meta Platforms Ireland Limited at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For Facebook's Data Protection Officer, visit: https://www.facebook.com/policy.php and https://www.facebook.com/help/contact/54097794630297. For Instagram's Data Protection Officer, visit: https://hr-hr.facebook.com/policy.php and https://www.facebook.com/help/contact/540977946302970
If you are not satisfied with how your personal data is collected and processed, you can contact the Irish Data Protection Commissioner or the Croatian Personal Data Protection Agency.
11.2. Third-Party Websites
The Seller's website www.optika-luna.hr may contain documents, data, information, and links to third-party websites. These websites are not owned by the Seller, who has no control over them, and disclaims all responsibility, including but not limited to accuracy, completeness, and availability of content on websites created by third parties. These Terms and Conditions do not apply to the use of these third-party websites for any purpose. Visiting these sites is entirely at the user's risk, and the Seller is not responsible for any content displayed on such third-party sites or for any products or services obtained through them.
12. COOKIES
To maintain the website and ensure its functionality is at the expected level, the Seller uses technology known as "cookies."
Cookies are small files that are sent to your computer and can be accessed later. They can be temporary or permanent. Cookies allow you to browse our pages smoothly and show us what interests you and other visitors to our website, helping us improve it.
We use cookies to personalize content and ads, enable social media features, and analyze traffic. We also share information about your use of our website with our social media, advertising, and analytics partners, who may combine it with other data you provided or collected when using their services. By continuing to use our websites, you accept our use of cookies.
You can change or withdraw your consent to the Cookie Statement on our websites at any time. Read more about cookies in our Cookies and Privacy Policy.
13. CHANGES TO TERMS AND OTHER PROVISIONS
13.1. Right to Change Terms and Conditions
The Seller reserves the right to change these Terms and Conditions without prior notice. Users are required to check the valid Terms and Conditions each time they use the website, especially the Internet shop services.
13.2. Validity of Terms and Conditions
For online purchases, the Terms and Conditions in force at the time of product order apply.
13.3. Dispute Resolution
All disputes that may arise based on these Terms and Conditions will be resolved before the competent court in Zagreb. In the event of a dispute, the Seller and the Buyer will resolve it amicably. If this is not possible, the competent court is territorially and materially competent, applying Croatian law. Dispute resolution is also possible before the Chamber of Commerce Arbitration Court 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.
If the consumer accepts the Terms of Purchase, they also accept all other terms stated on the website www.optika-luna.hr, as well as all other provisions listed on that website. If the consumer disagrees with any part of the pre-contractual notice or Terms of Purchase, please refrain from using the website www.optika-luna.hr and do not enter into a sales contract.
13.4. Copying
Documents published on this website may be copied for non-commercial purposes and for individual use only, while respecting all copyright, other proprietary rights, and any specified rights limitations.
These general terms were published on October 1, 2014, and last updated on May 24, 2023, on www.optika-luna.hr.
For any additional questions, comments, or suggestions, please contact us at email: [email protected].