CONDITIONS OF RETURNS AND COMPLAINTS

AGO KARTA d.o.o. (hereinafter: TIRQIZ), as the seller is responsible for material defects of the product until the moment of transfer of risk to the Buyer (the moment of handing over the goods to the Buyer or a third party designated by the Buyer and not the delivery service), regardless whether the company was aware of material deficiency. It is also liable for those material defects that occur after the transfer of risk to the Buyer if they are the result of a cause that existed before the transfer. A defect that occurred within six months of the transfer of risk to the Buyer is presumed to have existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary arises from the nature of the item or the nature of the defect.

An item is considered defect if:

• it does not have the necessary properties for its regular use or for trade,
• it does not have the necessary properties for the special use for which the Buyer is procuring it, and which was known to the seller or must have been known to them,
• it does not have the properties and characteristics that are explicitly or tacitly agreed, i.e. prescribed,
• it does not have properties that otherwise exist in other things of the same type and that the Buyer could reasonably expect from the nature of the thing, especially taking into account public statements of sellers, manufacturers and their representatives about the properties of items (advertisements, markings, etc.).

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

When, after receiving the item from the Buyer, it turns out that the item has a defect that could not be detected by the usual inspection when taking over the item, the Buyer is obliged, under threat of loss of rights, to notify the seller within two months of discovering the defect.

The seller is not responsible for defects that appear after two years have passed since the delivery of the item. 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 fraudulently prevented the Buyer from realizing them.

If the existence of a material defect is determined, the seller may have one of the following obligations, all in accordance with the rules of the Civil Obligations Act:

• elimination of the defect,
• delivery of another product without defect,
• price reduction,
• contract termination.

Rights based on material lack of property are regulated by the Civil Obligations Act.

When the Buyer is a legal entity, the rules on material defect prescribed by the Civil Obligations Act apply to them, especially in the part where the material defect for legal entities is regulated differently from the General Terms and Conditions, then the Civil Obligations Act applies.

The right to unilateral termination of the contract

The consumer may unilaterally terminate the contract within 14 days without giving reasons exclusively for standard goods from the warehouse that were not made to measure.

The period of 14 days begins from the day when the product is handed over to the consumer or to a third party designated by the consumer, who is not a delivery service.

If the consumer orders several pieces of products to be delivered separately in one order, or if the goods are delivered in several pieces or more shipments, the period of 14 days begins to run from the day when the consumer or a third party designated by the consumer, who is not a delivery service, is handed the last piece or the last shipment of the product.

If regular delivery of goods has been agreed for a certain period, the 14-day period shall begin on the day when the first piece or the first shipment of the product is handed over to the consumer or to a third party designated by the consumer other than the carrier.

If the consumer is not informed of the right to terminate the contract, the consumer’s right to unilateral termination of the contract expires after 12 months from the expiration of the 14 days.

If the seller has notified the consumer of the right to terminate the contract within 12 months, the right to unilateral termination of the contract expires after the expiration of 14 days from the time the consumer received the notice.

In order for the consumer to be entitled to unilateral termination of the contract, they must inform the seller of the decision to unilaterally terminate the contract before the expiration of 14 days by an unequivocal statement sent by mail to AGO KARTA d.o.o., Zezevicka 16, 10000 Zagreb or e-mail address info@tirqiz.com, in which they will state their name, address, telephone number, e-mail address, and the consumer can, at their own choice, use the example of the form for unilateral termination of the contract.

A copy of the form for unilateral termination of the contract can be filled electronically by the consumer by clicking on the online form for unilateral termination of the contract.

Acknowledgment of receipt of the statement of unilateral termination of the contract shall be delivered by the seller to the consumer without delay, by e-mail. In the event of termination of the contract, each party is obliged to return to the other party what it received under the contract. Except when the seller has offered to pick up the goods returned by the consumer, the seller must refund the payment only after the goods are returned to them, or after the consumer provides proof that they sent the goods back to the seller, if the seller was notified before receiving goods.

The seller is not obliged to reimburse the additional costs resulting from the consumer’s explicit choice of mode of transport other than the cheapest type of standard transport offered by the seller. The seller must refund the payment using the same means of payment used by the consumer when paying, unless the consumer explicitly agrees to another means of payment, and assuming that the consumer is not obliged to pay any additional costs for such refund.

Unless the seller has offered to pick up the goods returned by the consumer, the consumer must return the goods without delay, and no later than 14 days after notifying the seller of their decision to terminate the contract.

It is considered that the consumer has fulfilled their obligation to return the goods on time if they send the goods before the deadline or hand them over to the seller, or to the person authorized by the seller to receive the goods.

The consumer is obliged to bear all direct costs of product return. The consumer 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 order for the consumer to determine the nature, characteristics and functionalities of the goods, they can handle the goods and inspect the goods only in the way that is usual when buying goods at the seller’s premises. Goods that the Buyer intends to return within 14 days must not be worn, washed, ironed, shortened and / or altered, have the sewn label and / or sewn logo removed or take any other action to reduce the value of the goods.

In the period in which the consumer exercises the right of return, they must keep the goods with due care, i.e. they must behave like a particularly careful and conscientious person. In case of impairment of the product resulting from the handling of the product, the seller will charge the amount of the purchase price received in the ratio of impairment of goods at their own discretion, taking into account the objective criteria of each case.

In order to make it easier for the consumer to draw up a written contract termination, below is an information form for unilateral termination of the contract which can be filled out and sent to the seller AGO KARTA d.o.o., Zezevicka 16, 10000 Zagreb or by e-mail at info@tirqiz.com.

The right to terminate the sales contract is not allowed in the following cases when:

• the subject of the contract is goods made to the consumer’s specification or clearly adapted to the consumer,
• the subject of the contract is sealed goods which, due to health or hygiene reasons, are not suitable for return, if they were unsealed after delivery,
• the subject of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery,
• the consumer specifically requested a visit from the merchant to perform urgent repairs or maintenance work, provided that during such a visit, in addition to those services explicitly requested by the consumer, the merchant provides other services, or delivers other goods than those necessary to perform urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in relation to these additional services or goods.

When the Buyer is a legal entity, the section of these General Terms and Conditions entitled “Right to unilateral termination of the contract” does not apply to them. The Law on Obligations and the Law on Electronic Commerce apply to legal entities. Click here for an online form for unilateral termination.