Ekstra - obrt za trgovinu
Consumer Terms & Conditions (Mail Order and Online Purchases)
1. Purview
All contractual agreements entered into by Ekstra - obrt za trgovinu
(Herein after referred to as “Trgovina Ekstra”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.
2. Contracting Parties
Placing orders on www.trgovina-ekstra.hr is limited to customers outside EU
All contractual agreements entered into will be between Trgovina Ekstra and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If Trgovina Ekstra should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.
Placing an order on www.trgovina-ekstra.hr requires the Consumer to register/set up an Ekstra online account (i.e. user profile). Consumers must register under their own name, and complete all mandatory fields correctly.
3. Contract
By submitting an order online (i.e. after selecting the product(s), completing the Trgovina Ekstra online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, fax, letter or phone call, Consumers issue a legally binding purchase offer which will need to be accepted by Trgovina Ekstra. By submitting each order online Costumer can read and must agree and check in this Terms and Conditions.
Trgovina Ekstra reserves the right to refuse orders. If Trgovina Ekstra should reject an order, the Consumer will be notified immediately.
A legally binding contract will be formed between Trgovina Ekstra and the Consumer at the time of Trgovina Ekstra formally confirming the order, or at the time the Consumer has received the goods. N.B. Any automated messages sent by Ekstra to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.
4. Right to Cancel and Return Policy
4.1 Right to Cancel
The Consumer can cancel an order without giving a reason within a time period of fourteen (14) days by notifying Trgovina Ekstra in writing, sending a letter, fax or email to
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
In order to do so, Consumers may download and print out an Order Cancellation Form (available here) or use the form provided at the end of these T & Cs.
Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Consumer, or a representative acting on behalf of the Consumer (excluding members of postal or carrier services), has received the shipment that completes the delivery.
4.2 Cancellation & Refunds
Trgovina Ekstra shall refund all payments (including delivery charges) received from the Consumer within a time period of fourteen (14) days after the Consumer has cancelled an order. However, Trgovina Ekstra will not refund any delivery costs incurred by the Consumer opting for delivery methods other than those offered by Trgovina Ekstra at the time the order was placed. Unless otherwise agreed, Trgovina Ekstra will issue refunds by using the same payment method the Consumer has chosen when paying for the order. If the original payment method is not an available option, Ekstra shall refund the Consumer by either arranging for a bank transfer (BACS). Furthermore, refunding the Consumer shall not incur any charges.
Trgovina Ekstra shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Consumer has provided proof of return.
The Consumer shall return any goods within a time period of fourteen days commencing on the day the Consumer has notified Trgovina Ekstra of the order cancellation. Consumers must provide proof of return upon request.
4.3 Returns & Return Costs
If cancelling an order involves returning items to Trgovina Ekstra the Consumer agrees to pay the cost of return delivery.
Items that can be returned via mail should be sent to
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
Consumers must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Consumer.
If the accumulated size or weight of the items prevents returning these items via standard mail, standard courier or parcel carrier, Trgovina Ekstra will provide a Returns Service (optional), with the cost of return delivery to be paid by the Consumer. Consumers who wish to use the Returns Service may indicate this either at the time they cancel the respective order, or at a later time, by notifying Trgovina Ekstra by phone, or sending a letter, fax or email to
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
The return delivery charge using the Trgovina Ekstra Returns Service is calculated based on hired shipping company pricelist. Consumers must make sure that the item to be returned is properly wrapped up and ready for transport.
Consumers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves. Return address:
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
Trgovina Ekstra will pay the cost of return delivery if the Consumer returns an item wrongly sent to the Consumer, or if the Consumer has received faulty goods. In these cases, the Consumer must notify Trgovina Ekstra either by
a. a letter to Ekstra obrt za trgovinu, Mihovljan Prvomajska 140, 40000 Cakovec, Croatia
b. phone, calling +385 (040) 500 166
c. an email sent to info@trgovina-ekstra.hr
N.B.: Your right to cancel does not affect your statutory rights.
4.4 Voluntary Returns
In addition to their statutory rights, customers may return items within 30 days of the date they received the item without giving any reasons.
Items that can be returned via mail should be sent to
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
All surcharges incurred by returning an item with insufficient postage will be billed to the customer.
The following conditions apply:
i. returned goods must be unused,
ii. returned goods must be in perfect original condition,
iii. all goods must be returned with all components.
If the accumulated size or weight of the items prevents returning these items via standard mail, Trgovina Ekstra will provide a Returns Service, with the cost of return delivery to be paid by the Consumer. Consumers who wish to use the Returns Service may indicate this either at the time they wish to return the respective item(s), or at a later time, by notifying Trgovina Ekstra by phone, or sending a letter, fax or email to
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
The return delivery charge using the Trgovina Ekstra Returns Service is calculated based on hired shipping company pricelist. Consumers must make sure that the item to be returned is properly wrapped up and ready for transport.
Consumers who do not wish to use the Returns Service are legally required to arrange for the return of the items themselves. Return address:
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
Moreover, Consumers who voluntarily return items but do not wish to use the Returns Service provided by Trgovina Ekstra, do so at their own risk.
N.B.: Your right to return items voluntarily does not affect your Right to Cancel, or your statutory rights.
4.5 Items Exempt from Cancellation Rights/Voluntary Returns
The Right to Cancel/Voluntary Returns does not apply to
Contracts for the supply of goods that are made to the consumer's specifications or are clearly personalized.
Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
5. Goods Inspection – Depreciation - Damages
The Consumer shall have the right to inspect any goods received from Trgovina Ekstra. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.
The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.
The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer's liability shall not exceed the purchase price of the item.
6. Limited Availability of Items or Services
In the case of items no longer available at Ekstra at the time the Consumer's order has been received, Trgovina Ekstra reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, Trgovina Ekstra shall reimburse any payment made by the Consumer. Trgovina Ekstra shall refund Consumers paying On Account by crediting their respective customer account with the appropriate amount.
7. Typographical Errors
Trgovina Ekstra reserves the right to amend product details in printed catalogues/on Ekstra websites if they should be found incorrect or incomplete. In these cases the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, Trgovina Ekstra shall have the right to cancel the order. Trgovina Ekstra shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
8. Delivery
Placing orders on www.trgovina-ekstra.hr is limited to Consumers whose billing address and shipping address are registered in two different countries (international delivery), or whose billing address AND shipping address are both registered in a country Trgovina Ekstra does NOT operate in.
For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Croatia, the delivery period is extended to the following working day. The delivery days are calculated only in working days (Monday to Friday).
Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to Trgovina Ekstra proof of the claim being made.
9. Delivery Rates
9. Delivery Rates
Trgovina Ekstra does not provide it's own shipping service instead we hire shipping service from shipping companies: Lagermax AED, Overseas, DPD.
The amount Consumers pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries Trgovina Ekstra operates are recalculated based on shipping company rates: Lagermax AED, Overseas, DPD. Shipping rates are available on their webpages. Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order).
10. Pricing
All prices quoted on www.trgovina-ekstra.hr are in Croatian Kuna (kn) and for informational purpose in EURO and represent the total amount due, including Croatian VAT rate or without VAT for a legal EU companies with provided correct VAT number. Trgovina Ekstra reserves the right to individually price items offered online. This means that prices stated on www.trgovina-ekstra.hr may differ from the prices quoted in Trgovina Ekstra print catalogues/leaflets. Trgovina Ekstra is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. Trgovina Ekstra reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.
Prices quoted in printed editions of Trgovina Ekstra catalogues and leaflets are in Croatian Kunas and represent the total amount due at the time of the purchase, including VAT charge at the rate that applies in the Consumer's country on the day the catalogues/leaflets are published. If VAT should increase after the release of printed catalogues/leaflets, Trgovina Ekstra is under legal obligation to implement the VAT increase. Furthermore, Trgovina Ekstra reserves the right to pass on significant price increases caused by Trgovina Ekstras' suppliers to the Consumer. Price quotes in the latest print editions of Trgovina Ekstra catalogues supersede all previous publications. Actual price information available online at www.trgovina-ekstra.hr and by phone (+385 (040) 500-166).
Trgovina Ekstra reserves the right to amend prices if the amount quoted in printed catalogues and on the Trgovina Ekstra webpage should be incorrect or incomplete. In these cases, Trgovina Ekstra shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, Trgovina Ekstra shall have the right to cancel the order. Trgovina Ekstra shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
11. Payment Conditions
All payments are in Croatian Kuna or Euros. Online payments by cards is provided with Highly secured Croatian Payment gateway service CorvusPay on CorvusPay webpage and Trgovina Ekstra do not collect any costumer payment card data and therefor is not responsible for any transaction problems, rejected transactions etc.
Trgovina Ekstra offers the following payment options:
Bank wire payment, (10% discount)
CorvusPay one time card payment, (7-10% discount)
CorvusPay card instalment payment – up to 12 instalment. (no discount)
Cash on delivery – for Croatia only, and small products sent by shipping companies Overseas and GLS.
Shipping of larger products by Lagermax AED payment by cash on delivery is not available.
If we do not receive your payment within 20 days, your order will be cancelled automatically.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
Trgovina Ekstra shall have the right to provide the debt collection agency with the Consumer's name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Consumer's previous credit rating.
12. Retention of Title
Title to any items shall remain vested in Trgovina Ekstra and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by Trgovina Ekstra. Any replacement items provided by Trgovina Ekstra shall remain vested in Trgovina Ekstra until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.
13. Warranty
Trgovina Ekstra shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in Trgovina Ekstra mail order catalogues and on the Trgovina Ekstra webpage (www.trgovina-ekstra.hr). Trgovina Ekstra provides a Manufacturer warranty on all new items. The guarantee period commences at the delivery date.
Trgovina Ekstra shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.
In the case of the delivered item being faulty or damaged, Trgovina Ekstra shall either repair the item or provide the Consumer with a replacement item. If Trgovina Ekstra is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.
Warranties provided by Trgovina Ekstra only apply to single items. Warranties for aggregates of items require a mutual agreement between Trgovina Ekstra and the Consumer at the time of purchase.
Trgovina Ekstra shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.
Trgovina Ekstra receiving a returned item in conjunction with a claim does not automatically constitute Trgovina Ekstra accepting the claim.
14. Liability
Trgovina Ekstra is not liable to the Consumer (or any other parties) for
a. any loss or damage which was not caused by Trgovina Ekstra breach of contract or Trgovina Ekstra breach of legal duty of care;
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time Trgovina Ekstra SE and you entered into the contract, either
(1) such loss or damage was contemplated by Trgovina Ekstra and the Consumer, or
(2) the Consumer notified Trgovina Ekstra that the loss or damage may occur if Ekstra legal duty of care;
(3) any loss or damage caused by The Consumer's use of Trgovina Ekstra webpage, help desks or call centers.
Unless otherwise agreed, Trgovina Ekstra shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from Trgovina Ekstra.
Nothing in these Terms & Conditions shall affect Trgovina Ekstra liabilities under the Consumer Protection Act.
Nothing in these Terms & Conditions shall exclude or limit Trgovina Ekstra liability for (1) fraud; (2) personal injury caused by Trgovina Ekstra negligence; or (3) liability which may not be excluded or limited under any applicable law.
15. Changes in Customer Details
The Consumer shall notify Trgovina Ekstra immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer’s personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. Trgovina Ekstra cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.
16. Applicable Law & Jurisdiction
All contractual agreements between Trgovina Ekstra and The Consumer shall be governed by and construed in accordance with the laws of the Republic of Croatia.
The legal language is Croatian. Although Trgovina Ekstra offers an English language version of the website content and Trgovina Ekstra Terms & Conditions, these translations are provided for the Consumer's convenience only. The Croatian language version of the Terms & Condition shall govern both the Consumer's usage of the website and all contractual agreements entered into by placing an order on www.trgovina-ekstra.hr.
17. Miscellaneous
By purchasing items from Trgovina Ekstra Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of Trgovina Ekstra going into administration, Consumers exerting their statutory creditor rights against Trgovina Ekstra, compensation orders, and claims accepted for adjudication by Trgovina Ekstra.
The registered office of Trgovina Ekstra
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
Consumers shall notify Trgovina Ekstra of any debt assignments in writing. Until notified, any payments made by Trgovina Ekstra shall be applied to discharge the liabilities.
Both Trgovina Ekstra and the Consumer submit to the exclusive jurisdiction of the Courts of Cakovec for the determination of disputes arising under any contractual agreement.
Ekstra obrt za trgovinu
Mihovljan Prvomajska 140
40000 Cakovec
Croatia
Phone: +385 (040) 500 166
Email: info@trgovina-ekstra.hr
Order Cancellation Form (Template)
If you would like to cancel an order, please complete the form.
Order Cancellation Form (PDF) available here.