MATERIAL DEFECTS

Nicole Marie Ltd. is responsible for material defects of the products in accordance with the Civil Obligations Act (NN 35/05, 41/08, 125/11, 78/15). Nicole Marie Ltd. is liable for material defects of the products until the moment of transfer of risk to the buyer (the moment of handing over the products to the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether they were aware of the material defect. The seller is also liable for those material defects that occur after the transfer of risk to the customer if they are the result of a cause that existed before.
After receiving the products from the seller, if the buyer finds out that the products have a defect that could not be detected by the usual inspection when they were handed over, the buyer is obliged, under threat of loss of rights, to notify the seller within two months from the day they discovered that defect. Nicole Marie Ltd. is not liable for deficiencies that become apparent two years after the delivery of the items. The rights of the buyer who informed the seller in time about the existence of the defect expire after two years, counting from the day of sending the notice to the seller, unless the seller’s fraud prevented the buyer from realizing them.

If the existence of a material defect is established, the buyer has one of the following rights, all in accordance with the provisions of the Civil Obligations Act at the consumer’s choice:

1. defect elimination,
2. delivery of another product without defect,
3. price reduction.

The buyer may terminate the contract of sale only if they have previously given the seller a reasonable subsequent deadline to fulfill the contract.

There is a defect:

• if the item does not have the necessary properties for its regular use or for trade;
• if the item does not have the necessary properties for the specific use for which the buyer has procured it, and which was known to the seller or had to be known to them;
• if the item does not have the properties and characteristics that are explicitly or tacitly agreed-upon;
• when the seller has handed over an item that is not identical to the sample/model, unless the sample/model is shown for illustrative purposes only;
• if the item does not have the properties that otherwise exist in other items of the same type and that the buyer could reasonably expect from the nature of the item, especially taking into account public statements of sellers, manufacturers and their representatives about its properties (advertisements, labels etc.);
• if the thing is improperly assembled, provided that the assembly service is included in the fulfillment of the contract of sale;
• if the incorrect assembly is the consequence of deficiencies in the assembly instructions.

RIGHT OF CANCELLATION – UNILATERAL TERMINATION OF THE CONTRACT OF SALE        

The buyer can unilaterally terminate the contract of sale within 14 days without giving a reason.

The 14-day deadline period begins from the day when the product is handed over to the buyer or a third party designated by the consumer, who is not a carrier.

If the customer orders several products to be delivered separately, or if the goods are delivered in several pieces or separate shipments, the 14-day period begins from the day when the customer (or a third party designated by the customer. who is not a carrier) receives the last piece or the last shipment of the products.

In order for the buyer to be able to exercise the right to unilaterally terminate the performance of a contract, they must inform the seller of their decision to do so before the expiration of 14 days by an unequivocal statement sent by mail to the address: Nicole Marie d.o.o., Porečka ulica 1, 10 000 Zagreb, Croatia  ili elektroničkom poštom na: prodaja@nicolemarie.visokarazina.com, in which they will state their name and surname, address, phone number and e-mail address.

You can electronically fill in the form for the unilateral termination of the contract of sale on our website at the following link: unilateral termination.

The confirmation of receipt of the statement of unilateral termination of the contract will be delivered by the seller to the buyer without delay, by e-mail. In the event of termination of the contract, each party is obliged to return to the other party what they received under the contract.

The buyer must return the goods without delay and no later than 14 days after notifying the seller of their decision to terminate the contract.

In order for the buyer to determine the nature, characteristics and functionalities of the goods, they can handle and inspect the goods only in the way that is usual when buying goods at the seller’s premises. The goods that the buyer intends to return within 14 days must not be used or handled in any way that would reduce the value of the goods.

The seller undertakes to return the full amount to the buyer within fourteen (14) days of receipt of the written notice of contract termination. The seller is not obliged to return the payment before the goods that were previously delivered to the buyer are returned.

The seller must refund the payment using the same  payment method used by the buyer when paying, unless the buyer explicitly agrees to another means of payment, and assuming that the buyer is not obliged to pay any additional costs for such refund.

It is considered that the buyer has fulfilled their obligation to return the goods on time if they have sent the items before the deadline or have handed them over to the seller, i.e. the person authorized by the seller to receive the goods.

All direct product return costs are borne by the customer. The buyer is responsible for any impairment of the goods resulting from the handling of the goods other than that necessary to determine the nature, characteristics and functionality of the product.

In case of impairment of the product resulting from the handling of the product, the seller will charge a depreciation fee from the amount of the purchase price received, in the ratio of decrease in value of goods at their own discretion, taking into account the objective criteria of each case.

NOTICE ON THE MANNER OF SUBMITTING A WRITTEN CONSUMER COMPLAINT

The buyer can send all complaints in accordance with Article 10 of the Consumer Protection Act via:

1. mail to the address: Nicole Marie d.o.o., Porečka ulica 1, 10 000 Zagreb, Croatia
2. e-mail to the address: prodaja@nicolemarie.visokarazina.com

Confirmation of receipt of the statement of unilateral termination of the contract will be delivered by the seller to the buyer without delay, by e-mail. In order for Nicole Marie Ltd. to respond to the customer’s written complaint that was not sent by e-mail, consumers are asked to provide accurate information: their name and surname, and the address to which they will be sent a response. The answer to the customer’s complaint must be legally given in writing no later than 15 days from the date of receipt of the complaint.

In the event of a justified complaint, the cost of replacing the product with a new one is borne entirely by Nicole Marie Ltd.

In the event of a dispute, Nicole Marie Ltd. and the buyer will resolve the dispute amicably, and if this is not possible, the dispute can be resolved before the Court of Honor of the Croatian Chamber of Commerce or other conciliation centers.

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

If the buyer is a legal entity, the rules on consumer protection prescribed by the Consumer Protection Act do not apply to them. The rules on written consumer complaints do not apply to legal entities, to which the Civil Obligations Act and the Electronic Commerce Act apply.

WARRANTY AND SERVICE CONDITIONS

If a particular product has a warranty or is subject to service conditions, it will be stated in the description of said product. The rights from the warranty certificate can be used only upon presentation of the warranty certificate and invoice during the warranty period.

If the customer accepts the General Terms of Use, they also accept all other conditions and provisions listed on the website. If the buyer does not agree with any part of the pre-contractual notice or the General Terms of Use, they are asked not to use the website and not to enter into a contract of sale.

Nicole Marie Ltd. reserves the right to change these General Terms of Use without prior notice. The General Terms of Use are in accordance with the laws of the Republic of Croatia.