MATERIAL DEFECTS

TECH4YOU d.o.o. is responsible for material defects of the product until the risk is transferred to the buyer (the moment of handing over the item to the buyer or a third party designated by the buyer, who is not the carrier), regardless of whether the material defect was known to them. The seller is also responsible for material defects that occur after the risk is transferred to the buyer if they are a result of causes that existed before that transfer.

It is presumed that a defect that appears within one year from the transfer of risk to the buyer already existed at the time of transfer, unless the seller proves otherwise or the nature of the item or defect implies otherwise.

A defect exists:

If the item does not correspond to the description, type, quantity, and quality, or lacks functionality, compatibility, interoperability, and other features as determined by the sales contract.

• If the item is not suitable for any specific purpose required by the buyer and of which the seller was informed at the latest at the time of concluding the contract, and the seller agreed to it.
• If the item is not delivered with all additional equipment and instructions, including installation instructions, as determined by the sales contract.
• If the item is not delivered with updates as determined by the sales contract.
• If the item is not suitable for the purposes for which an item of the same kind is normally used, taking into account all EU regulations and regulations of the Republic of Croatia, technical standards, or, if there are no such technical standards, applicable codes of conduct in a particular area if they exist.
• If the item does not correspond to the quality and description of a sample or model provided by the seller before the conclusion of the contract.
• If the item is not delivered with additional equipment, including packaging, installation instructions, or other instructions that the buyer can reasonably expect to receive.
• If the item does not correspond to the quantity or does not possess the properties and other features, including those related to durability, functionality, compatibility, and safety, which are usual for an item of the same kind and which the buyer can reasonably expect, taking into account all public statements made by the seller or other persons in previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling.
• If the item is improperly installed or assembled, and the installation or assembly service is part of the sales contract and has been performed by the seller or a person for whom the seller is responsible.
• If the item, which the buyer was supposed to install or assemble, is improperly installed or assembled by the buyer, and the improper installation or assembly results from a deficiency in the instructions provided by the seller or, in the case of items with digital elements, provided by the seller or supplier of digital content or digital services.

The buyer is obliged to notify the seller of the existence of defects within two months from the day of discovering the defect, but no later than within two years from the transfer of risk to the consumer.

The seller is not liable for defects that appear after two years from the delivery of the item. The buyer’s rights, who has timely notified the seller of the defect, expire after two years from the date of sending the notification to the seller, unless the buyer was prevented from exercising them due to the seller’s fraud.

If the existence of a material defect is determined, the seller may have one of the following obligations, in accordance with the provisions of the Law on Obligations:

• Removal of the defect
• Delivery of another defect-free product
• Price reduction
• Termination of the contract

The buyer can terminate the contract only if they have previously granted the seller a subsequent reasonable deadline for performance of the contract.

The buyer can terminate the contract without granting a subsequent deadline if the seller, after being notified of the defects, communicates that they will not fulfill the contract, or if it is evident from the circumstances of the particular case that the seller will not be able to fulfill the contract even within a subsequent deadline. The buyer can also terminate the contract if the delay by the seller prevents the buyer from achieving the purpose for which the contract was concluded.

If the seller fails to fulfill the contract within the subsequent deadline, the contract is terminated by operation of law, but the buyer can keep it in force by promptly declaring to the seller that they intend to maintain the contract.

The seller has the right to refuse the removal of the defect if the repair or replacement is impossible or would result in disproportionate costs, taking into account all circumstances, particularly the value of the defect-free item, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the buyer.

When the buyer is a legal entity, the rules on material defects prescribed by the Law on Obligations apply to them, especially in cases where the regulation for legal entities differs from what is stated here in the Terms of Use, in which case the Law on Obligations applies.

WARRANTY

In addition to the liability for material defects, the seller provides its customers with rights from the warranty for the conformity of the sold item.

All products have a statutory warranty period of 2 years. To exercise their rights under the statutory warranty, the buyer needs to prove that the product was purchased from TECH4YOU d.o.o.

In addition to the statutory warranty, most products, depending on the manufacturer, have a commercial warranty of one year or longer. When the buyer decides to exercise their rights under the commercial warranty, they need to provide the receipt and warranty certificate.

The rights under the commercial warranty in no way affect the rights that the buyer has under the law.

With the commercial warranty, the product manufacturer guarantees free repair of the purchased product in accordance with applicable regulations and conditions described in the warranty certificate. In case of failure to fulfill this obligation, the warranty provider will replace the product with a new one or refund the money. The warranty period begins on the day of delivering the device, which is recorded in the warranty certificate and certified with a seal and signature.

TECH4YOU d.o.o. guarantees an authorized service center selected by the manufacturer for the items that the buyer purchased directly from TECH4YOU d.o.o., in accordance with the general warranty and servicing conditions provided by the manufacturer of individual items.

The warranty does not cover damages caused by improper handling, mechanical damages, damages due to lightning strikes, excessive voltage, or device wear and tear. To avoid misunderstandings, the seller and the buyer will inspect the product upon delivery and identify any mechanical damages. In such cases, the product will be replaced.

NOTICE REGARDING THE METHOD OF SUBMITTING A WRITTEN CONSUMER COMPLAINT

All consumer complaints can be sent by mail to the address Trg Ante Starčevića 7, 10 000 Zagreb, or by email to [email protected]. TECH4YOU d.o.o. will promptly acknowledge the receipt of the complaint in writing and will provide a response within 15 days from the date of receiving the complaint.

To respond to a written complaint that is not sent by email, consumers are kindly requested to provide accurate information about their name, surname, and address to which the response will be delivered. TECH4YOU d.o.o. is legally obligated to provide a written response to the consumer’s complaint no later than 15 days from the date of receiving the complaint.

In the event of a dispute, TECH4YOU d.o.o. and the consumer will resolve it amicably. If this is not possible, the competent court with substantive and local jurisdiction applying Croatian law will have jurisdiction.

Consumer disputes can also be resolved through the Online Dispute Resolution (ODR) platform of the European Commission: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.                                                      

TECH4YOU d.o.o. reserves the right to modify these Terms of Use and Rules without prior notice. The Terms of Use are in compliance with the laws of the Republic of Croatia and the legal provisions of the European Union.

The rules regarding written consumer complaints do not apply to legal entities, which are subject to the Law on Obligations and the Law on Electronic Commerce.

RIGHT TO UNILATERALLY TERMINATE THE CONTRACT

The consumer has the right to unilaterally terminate the contract within 14 days without stating a reason.

The 14-day period starts from the day the product is delivered to the consumer or a third party designated by the consumer, who is not the carrier.

If the consumer orders multiple units of a product in one order, which are to be delivered separately, or if the product is delivered in multiple units or shipments, the 14-day period starts from the day the last unit or last shipment of the product is delivered to the consumer or a third party designated by the consumer, who is not the carrier.

If the regular delivery of goods is agreed upon over a specific period, the 14-day period starts from the day the first unit or first shipment of the product is delivered to the consumer or a third party designated by the consumer, who is not the carrier.

If the consumer is not informed about the right to terminate the contract, the consumer’s right to unilateral termination expires 12 months after the expiration of the initial 14-day period.

If the seller provides the consumer with information about the right to terminate the contract within 12 months, the consumer’s right to unilateral termination expires 14 days after receiving that information.

To exercise the right to unilateral termination, the consumer must notify the seller of their decision to terminate the contract before the expiration of the 14-day period, using an unambiguous statement sent by mail to the address Trg Ante Starčevića 7, 10 000 Zagreb, or by email to [email protected]. The consumer should provide their name, surname, address, phone number, or email address. The consumer may, at their own discretion, use the attached example form for unilateral termination of the contract. The consumer can electronically fill in the copy of the form for unilateral termination of the contract by clicking on the “Form for Unilateral Termination of the Contract” provided below.

Confirmation of receipt of the statement on unilateral termination of the contract will be promptly delivered to the consumer via email.

Form for Unilateral Termination of the Contract via email

Name, surname, address of the buyer _____________________________________________________________________

Contact (mobile phone number, telephone, or email) _______________________________________________________

Recipient: TECH4YOU d.o.o., Trg Ante Starčevića 7, 10 000 Zagreb, email: [email protected]

I, ______________________________________, hereby declare that I unilaterally terminate the following contract:

order number and date __________________________, invoice number and date _______________________________,

date of receipt of goods __________________________________.

Date ________________________________.

Buyer’s signature (only if this form is filled out on paper) ____________________________________.

The above copy of the form for unilateral termination of the contract can be copied and sent to us via email to [email protected]  We will promptly provide you with confirmation of receipt of the notice of unilateral termination of the contract via email.

Alternatively, you can print out the above copy of the form, fill it out, and send it to us at the address: Trg Ante Starčevića 7, 10 000 Zagreb.

In the event of contract termination, each party is obliged to return to the other party what they received based on the contract. Unless the seller has offered to personally collect the goods being returned by the consumer, the seller must refund the payment only after the goods have been returned to them, or after the consumer provides proof of having sent the goods back to the seller, if the seller was informed of this before receiving the goods. The seller is not obliged to refund any additional costs resulting from the consumer’s explicit choice of a type of transport different from the cheapest standard type of transport offered by the seller.

The seller must make the refund using the same payment method that the consumer used for the payment, unless the consumer explicitly agrees to a different payment method, and assuming that the consumer is not obliged to bear any additional costs for such a refund.

Unless the seller has offered to personally collect the goods being returned by the consumer, the consumer must return the goods promptly to the address: Trg Ante Starčevića 7, 10 000 Zagreb, and no later than within 14 days from the date when they informed 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 or hand them over to the seller, or to a person authorized by the seller to receive the goods, before the expiration of the deadline.

The cost of returning the products is borne by the consumer. The consumer 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 product.

In order to determine the nature, characteristics, and functionality of the goods, the consumer may handle and inspect the goods only in the manner that is customary when purchasing goods in the seller’s premises. The consumer must not wear, alter, use, remove protective film, or take any actions that are not allowed in the physical store of the seller, or that would reduce the value of the goods, with regard to the goods they intend to return within 14 days.

During the period in which the consumer exercises the right of return, they must take due care of the goods, behaving as a particularly careful and conscientious person would.

In the event of a reduction in the value of the product resulting from excessive handling of the product, the seller will assess the reduction in the value of the product, taking into account objective criteria of each individual case, and inform the buyer about it. In the event of disagreement, the dispute will be resolved amicably or through legal proceedings.

The right to terminate the purchase contract is not permitted in the following cases when:

• the contract for services has been fully performed and the consumer has undertaken to pay the price, and the performance has commenced with the explicit prior consent of the consumer, along with their confirmation that they are aware that they will lose the right to unilateral termination of the contract from this section if the service is fully performed
• the subject of the contract is a product whose price depends on changes in the financial market that are beyond the control of the merchant and which may occur during the consumer’s right to unilateral termination of the contract
• the subject of the contract is a product made to the consumer’s specifications or clearly customized for the consumer
• the consumer specifically requested a visit from the merchant for urgent repairs or maintenance work, provided that if, during such a visit, in addition to the services explicitly requested by the consumer, the merchant also provides other services or delivers other goods, apart from those necessary for urgent repairs or maintenance work, the consumer has the right to unilateral termination of the contract regarding those additional services or goods
• the subject of the contract is the delivery of sealed audio or video recordings or computer programs that have been unsealed after delivery
• the subject of the contract is the delivery of digital content for which the consumer has undertaken to pay the price, which is not delivered on a tangible medium if the performance of the contract commenced with the explicit prior consent of the consumer, along with their confirmation that they are aware that they will lose the right to unilateral termination of the contract by doing so, and the merchant has provided them with confirmation of the concluded contract
• the consumer specifically requested a visit from the merchant for paid repair services, and the contract, the performance of which commenced with the explicit prior consent of the consumer, has been fully performed

When the buyer is a legal person, the section of these Terms of Use entitled “Right to Unilateral Termination of the Contract” does not apply to them. For legal persons, the provisions of the Law on Obligations and the Law on Electronic Commerce apply.