GENERAL TERMS OF USE OF THE REVITA PLUS WEB STORE
Information on the trading company
REVITA D.O.O.
Adresa: REVITA PLUS d.o.o. Prilaz baruna Filipovića 23A, 10000 Zagreb
Commercial Court in Zagreb
Company registration number: 081575685
Identification number: 57655774411
Website: www.revitaeu.com
E-mail of the web shop: info@revitaeu.com
SUPPORT/CONTACT:
info@revitaeu.com
TERMS
Unless expressly stated otherwise, the terms used in these General Terms and Conditions have the following meanings:
General terms – means these general terms of use of the Seller’s web store, as they may be amended or replaced, from time to time;
Seller – means the company REVITA PLUS d.o.o., Zagreb, Prilaz baruna Filipovića 23A, ID No: 57655774411;
User – means an individual who accesses the website www.revitaeu.com for the potential conclusion of a Distance Agreement and/or checking product availability or for any other reason;
Guest User – means a User who accesses the website www.revitaeu.com without registration;
Registered User – means a User who has opened their user account in the Seller’s web store by entering the necessary data and password in the manner provided for it;
Buyer – means an individual or legal entity who has entered into a long-distance Agreement with the Seller, and who must not be an individual under the age of 18 (eighteen);
Consumer – means an individual who enters into a legal transaction or operates on the market outside of their trade, business, craft or professional activity;
Transaction – means the conclusion and execution of the Agreement at a distance;
Distance Agreement – means a sales agreement concluded between the Seller and the Buyer within the framework of an organized system of sales without simultaneous physical presence, whereby one or more means of remote communication, as defined by the applicable regulations, are exclusively used until the moment of conclusion of the agreement and for the conclusion of the agreement;
Web store – means the online store of the Seller available on the website www.revitaeu.com.
The headings used in these General Terms and Conditions are of an orientational nature only, and Users are advised to study these General Terms and Conditions as a whole.
SUBJECT OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the manner and conditions under which the Seller allows the use of the website www.revitaeu.com and the execution of Transactions in the Seller’s web store and form an integral part of the Distance Agreement.
By using the website www.revitaeu.com, Users confirm that they agree with these General Terms and Conditions, and they are obliged to confirm the same before performing any Transaction, in the manner provided thereof (by clicking on the “Buy” field). The Buyer will confirm by marking in the place provided for this when ordering that they fully understand and accept these General Terms and Conditions.
If the Users do not agree with these General Terms and Conditions, they are obliged to leave the website www.revitaeu.com without delay and not to carry out Transactions in the Seller’s web store, given that it is intended exclusively for those Users who agree with the General Terms and Conditions, and the conclusion of the Distance Agreement and execution of other Transactions is allowed under the condition of acceptance of these General Terms and Conditions.
GENERAL PROVISIONS
Users are advised to familiarize themselves with these General Terms and Conditions before making a purchase in the Seller’s web shop and to check them regularly, in order to be familiar with all rights and obligations, and in case of any ambiguities, they can contact the Seller. The General Terms and Conditions that are in force at the time of concluding the Distance Agreement will be valid for the Buyer.
The Buyer as a natural person can only be an adult and fully capable of doing business. A Distance Agreement can be concluded in the name and on behalf of minors and legally incompetent persons by their legal representatives or guardians, and partially legally capable persons can conclude a Distance Agreement only with the consent of their legal representative or guardian. The Seller bears no responsibility for actions contrary to this provision of the General Terms and Conditions.
These General Terms and Conditions also constitute a pre-contractual notification in the manner regulated by the Consumer Protection Law.
Legal entities as Buyers are subject to the Law on Obligatory Relations and the Law on Electronic Commerce, and the Law on Consumer Protection does not apply thereof. The sections of these General Terms and Conditions on material product defects and the right to unilateral termination do not apply to legal entities as Buyers. In the mentioned cases, the relevant provisions of the Law on Obligatory Relations and the Law on Electronic Commerce are applied.
Users are required to provide accurate, valid and complete personal data when filling out the registration form (name and surname, address, date of birth, phone number, e-mail address, password). The Seller is not responsible for defects and errors that may occur because the User did not provide accurate, valid and complete personal data when filling out the registration form. If there is any change in the data entered by the Buyer during registration, they are obliged to immediately update the user account in order to inform the Seller about the changes.
The User’s personal data is processed based on the User’s consent, and in accordance with the General Office on Data Protection. Users can find out more about what personal data is collected and how it is collected, for what purposes it is processed, how it is stored and with whom it is shared, as well as about the User’s rights in relation to personal data, in the Seller’s Privacy Policy, available at the link /privacy-policy/.
PRODUCTS AND PRICES
Product prices in the Seller’s web store are expressed in euros (EUR) and include value added tax (VAT).
Product prices do not include product delivery costs. The Seller enables the Users to use the delivery service provided by the service provider with whom the Seller has entered into an appropriate agreement, and the delivery is subject to the delivery service provider’s general conditions, which the User must familiarize themselves with before choosing to use the delivery service, and which are available at: https://www. dpd.com/hr/hr/podrska/uvjeti-prijevoza/.
The Seller independently determines the products it offers in its web store and independently determines and changes the prices of the products. The Seller is authorized to change prices without prior notice.
The price of the product will be that stated at all times on the Seller’s website, except in the case of obvious error. Although the Seller makes every effort to ensure that the prices listed on the website are correct, errors may occur. If the Seller discovers an error in the price of a product ordered by the Buyer, it will notify the Buyer as soon as possible and give the option of confirming the order at the correct price or cancelling the order.
The Seller is authorized, without prior notice, to set a price lower than the regular price for an individual product, a group of products and/or for all products, as well as for a specific payment method. The Seller independently determines the implementation, conditions and duration of special forms of sales in the web store. The Seller informs the Users in the web store in an appropriate manner about the implementation, conditions and duration of special forms of sales. Such a special form of sale is calculated only on the price of the product, not on the cost of delivering the product to the Buyer.
CONCLUSION OF DISTANCE AGREEMENTS AND THE RIGHT TO UNILATERAL TERMINATION OF THE AGREEMENT
The display of products in the Seller’s web store is not considered an offer, but only an invitation to make an offer under the published conditions, and the conclusion of a Distance Agreement depends on the availability of the Product under the published terms and conditions.
The User can make the purchase as a Registered User, by clicking on the “Register” field, or as a Guest User, by clicking on the “Order as a Guest” field. Certain benefits related to purchase and delivery can only be realized if the purchase is made from a Registered User. The user account remains registered in the system, and is accessed by entering the username and password in the “Login” field. For each subsequent purchase, only a login with a username and password is required.
The User can add all products marked as “available” or “in stock” to the basket by clicking on the basket icon or by clicking on the “Add to cart” field. After the User selects the products by entering them in the basket and chooses the method of product delivery, by selecting the “Buy” field, the order is concluded. Before closing the order, the products can be reviewed and changed in the shopping cart. At the time of execution of the order, the User will be informed that the order includes an obligation to pay.
After sending the order, the User will be automatically notified that the order has been received. Confirmation of order receipt does not constitute binding acceptance of the offer. The seller may, in terms of the Consumer Protection Law, refuse to conclude a Distance Agreement if, depending on the circumstances of the case, they have a justified reason for doing so (for example, in the case of an incorrectly displayed price or stock expiration, etc.).
The Buyer who is a Consumer has the right to unilaterally terminate the Distance Agreement, except in cases where the right to unilateral termination is excluded by law. The right to unilateral termination is regulated by the Law on Consumer Protection, which the User is obliged to familiarize themselves with.
The form for unilateral termination of the Distance Agreement is in Annex 1 of these General Terms and Conditions, and the Buyer has the right to give the Seller a statement of unilateral termination in any other content or format, whereby the statement on the use of the right to unilateral termination must be clearly and unambiguously expressed. The declaration of unilateral termination must be given to the Seller within 14 days from the day of handover of the purchased products to the Buyer, i.e. if several products were purchased in one order, which should be delivered separately, from the day of handover of the last product.
The declaration of unilateral termination can be sent in writing to the address of the Seller’s headquarters, Prilaz baruna Filipovića 23A, 10000 Zagreb or by email to the address info@revitaeu.com.
PAYMENT
The User can choose to pay for the product (i) by cash on delivery, if they have selected delivery to the desired address as an option for picking up the purchased product, or (ii) by payment card when concluding the Distance Agreement, regardless of the chosen option for picking up the purchased product.
The Seller independently determines which payment cards, and under what conditions, are accepted in the web store.
Statement on the use of Monri WSPay
REVITA PLUS d.o.o. uses Monri WSPay for online payments.
Monri WSPay is a secure system for online payments, real-time payments, credit and debit cards and other payment methods. Monri WSPay provides customers and merchants with secure entry and transfer of entered card data, which is confirmed by the PCI DSS certificate that Monri WSPay has. Monri WSPay uses an SSL certificate of 256-bit encryption and TLS 1.2 cryptographic protocol as the highest level of protection for data entry and transfer.
DELIVERY, COLLECTION AND RETURN OF PRODUCTS
The User can choose to deliver the products for which the Distance Agreement has been concluded to the chosen address, using the delivery service provided by DPD, at the prices applicable at the time of choosing this delivery option. The delivery price is shown separately in the User’s shopping cart before proceeding to the payment step.
When taking over the Product for which the Distance Agreement was concluded, the Buyer will be given an invoice.
In the event that the Buyer does not pick up the products purchased under the Distance Agreement without reason within 15 days from the day when they were notified of the possibility of pick-up, the Seller has the right to terminate the Distance Agreement. In this case, the Seller will refund the amount paid to the Buyer using the same means of payment used by the Buyer during payment.
If the Buyer has exercised their legal right to unilaterally terminate the Distance Agreement, they are obliged to return the Products to which it refers without delay, and no later than within 14 days from the day on which they notified the Seller of the unilateral termination. Products are returned by mail to the Seller’s warehouse address, Slavonska Avenija 90 (at “Sagovi Zagreb”), 10000 Zagreb. The costs of returning the product following the use of the legal right to unilateral termination of the Distance Agreement are borne by the Buyer.
If the Buyer returns the product due to defects, they must return it by mail to the address of the Seller’s warehouse, Slavonska Avenija 90 (at “Sagovi Zagreb”), 10000 Zagreb. The costs of returning the product due to a defect for which the Seller is responsible shall be borne by the Seller.
COMPLAINTS
In the event that the package in which the Buyer received the ordered products is damaged, its contents are missing or there are signs of opening, the Buyer must notify the Seller of the defects in writing to the e-mail address: info@revitaeu.com, with an attached picture of the damaged package and/ or ordered products and a copy of the invoice indicating the number of the online order
PRODUCT DEFECTS AND RESPONSIBILITY OF THE SELLER
The Seller is responsible for material and legal defects of the product in accordance with the provisions of the applicable regulations.
The Seller is responsible for the material defects of the things that they had at the time of the transfer of risk to the Buyer, regardless of whether they were aware of this, as well as for those material defects that appear after the transfer of risk to the Buyer if they are the result of a cause that existed beforehand.
The moment of transfer of risk (accidental failure or damage to the product) is considered to be the moment when the product is handed over to the Buyer or to a person specified by the Buyer, who is not the carrier.
The Seller is not responsible for defects if they were familiar to the Buyer at the time of the conclusion of the Agreement or could not remain unknown to them. The Seller is not responsible for minor material defects.
After taking over the product in relation to which the Distance Agreement was concluded, the Buyer is instructed to carefully remove the packaging, with as little damage as possible considering the possible return of the product, and carefully inspect the product. If the Buyer intends to use their legal right to unilaterally terminate the Agreement, they are obliged to refrain from using the product, as any use of the product reduces its value. The Buyer is obliged to inform the Seller about the existence of visible defects within two months from the day they discovered the defect, and at the latest within two years from the transfer of risk to the Buyer.
The Buyer who timely and properly informed the Seller about the defect is authorized to:
a) require the Seller to remove the defect (repair or replace the product),
b) require the Seller to hand over another product without defects,
c) demand a proportional price reduction,
d) declare that they terminate the Agreement, unless the deficiency is insignificant.
The Seller is authorized to refuse to remove the defect if repair and replacement are impossible or if this would cause disproportionate costs, taking into account all the circumstances, especially the value of the item without the defect, the significance of the defect and the question of whether the repair or replacement can be done without significant inconvenience for the Buyer.
The Buyer has the right to a price reduction (c) or to terminate the Agreement (d), only if the Seller has not removed the defect (a), or has refused to do so or has not removed the defect in accordance with the previous provision; if the defect exists despite the Seller’s attempt to remove it, i.e. if the Seller has stated that it will not remove the defect or it is clear from the circumstances that it will not remove the defect within a reasonable time or without considerable inconvenience to the Buyer, and if the defect is so serious that it justifies an immediate price reduction or termination of the Agreement.
All product information is informative in nature and cannot be understood as a substitute for consultation with a doctor or pharmacist. The Seller is not responsible for the consequences of the use of the products resulting from use that is not in accordance with the instructions for use of these products. All product photos in the Seller’s web store should be understood as symbolic.
COMPLAINT SUBMISSION NOTICE
Users can submit a written complaint related to the use of the website www.revitaeu.com, the web store or the Transaction in the web store, to the address of the Seller’s headquarters, Prilaz baruna Filipovića 23A, 10000 Zagreb or to the email address: info@revitaeu.com.
The Seller will respond to the complaint within 15 days of receiving the complaint from the User.
DISPUTE RESOLUTION NOTICE
There is no mechanism for out-of-court settlement of disputes and compensation for damages arising from or in connection with the Distance Agreement, nor is there a guarantee fund or any other form of compensation for the Consumer.
The local court in Zagreb has jurisdiction for all disputes related to the use of the website www.revitaeu.com, the web store or the Transaction in the web store, for which the exclusive jurisdiction of another court has not been established.
FINAL PROVISIONS
The consent of the Users is not required to amend these General Terms and Conditions, as well as to invalidate them. The Users are obliged to familiarize themselves with these General Terms and Conditions, which are in force every time they use the website www.revitaeu.com.
These General Terms and Conditions, as well as any amendments thereto, shall enter into force upon publication on the Seller’s website and shall apply to all use of the Seller’s web shop, as well as to all Transactions undertaken in the Seller’s web shop from the moment of their entry into force, until the termination of their validity.
Appendix 1
Form for unilateral termination of the Agreement
The Consumer may, without giving a reason, unilaterally terminate this Agreement, within 14 days from the date of conclusion of the Agreement or upon its receipt.
The right to unilaterally terminate the Agreement starts from ………………. (to be filled in by the trader before delivering the form to the Consumer).
If the Consumer has not received this form, the term for unilateral termination starts from the delivery of this form and expires after one year and 14 days. If the Consumer has not received all the requested information, the term for unilateral termination starts from the moment the Consumer receives this information, and expires after three months and 14 days.
In order to exercise the right to unilateral termination, the Consumer must submit a written notice to the Seller stating that they are terminating the Agreement. The notification must be written on a permanent medium and contain the information indicated below, and can be delivered as a letter sent by post to the address Prilaz baruna Filipovića 23A, 10000 Zagreb or by electronic mail to the address: info@revitaeu.com.
If the Consumer exercises their right to unilateral termination, they will not bear the related costs except for the direct costs of returning the goods.
The Seller will without delay deliver to the Buyer a confirmation of receipt of the notice of unilateral termination of the Agreement.
During the term for unilateral termination of the Agreement, it is forbidden to demand any advance payment from the Consumer. The prohibition applies to any compensation, including payment, giving guarantees, reserving money in accounts, explicit acknowledgment of debt, etc. This prohibition applies not only to payments to the Seller, but also to third parties.
Statement on unilateral termination of the Agreement
For REVITA PLUS d.o.o.
Prilaz baruna Filipovića 23A
10000 Zagreb
I, ________________________________________________ (Consumer’s first and last name) from
_____________________________________________________ (place, street, house number)
hereby declare that I am unilaterally terminating the Agreement concluded on _____________ (insert date)
on the purchase of ________________________________________________ (insert the name of the item)
according to the invoice number or order number ________________________ (insert the document number).
In _____________________ (place), on _____________________ (date).
______________________________________
Consumer’s signature (only if this form is filled out on paper)