BASIC INFORMATION ABOUT THE SELLER

Name: DSD d.o.o.
Headquarters: Zagorska 10, Zaprešić

VAT ID: 58411464037

Company Registration Number (MBS): 080273042

Phone Number: +385916166209

Email Address: info@dabas.hr

The Consumer, as the Buyer, and DSD d.o.o. as the Seller enter into a SALES CONTRACT.

Legal entities as buyers are subject to the Civil Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the part related to the main characteristics of the product, contract conclusion procedure, product price, payment method and product dispatch, product delivery description and delivery costs, general information, warranty and service conditions, loyalty program, disclaimer of liability, and the moment of contract conclusion. The Seller may, at their discretion, grant a legal entity the rights provided to a consumer buyer in any specific case.

The User is a person who uses the dabas.hr website, as well as any buyer and visitor of the dabas.hr website. The conclusion of a sales contract via the dabas.hr website is governed in accordance with legal regulations, particularly considering the principles and provisions of European Union directives.

The conclusion of a contract via the dabas.hr website constitutes a distance contract.

These General Terms and Conditions also represent a pre-contractual notice and apply to the conclusion of a sales contract if the buyer is a consumer, i.e., any natural person who concludes a legal transaction or acts in the market outside their trade, business, craft, or professional activity, and if the contract is concluded between the trader and the consumer within an organized sales or service system without the simultaneous physical presence of the trader and consumer in one place, using one or more means of distance communication exclusively until and at the moment of contract conclusion.

Means of distance communication include all tools that can be used for the distance conclusion of contracts without the simultaneous physical presence of the trader and the consumer, such as the internet and email.

The contract is concluded when the seller accepts the buyer’s offer, and everything stated on dabas.hr pages represents an invitation to offer. The seller may terminate the sales contract if the buyer fails to pay the purchase price and is not obliged to deliver the product until the purchase price is received, except in the case of cash-on-delivery payment. If the buyer fails to collect the shipment and it is returned to the seller, the seller will attempt delivery 2 more times. After a total of 3 failed delivery attempts, the seller will no longer attempt further deliveries.

The General Data Protection Conditions are an integral part of these General Terms and Conditions.

The dabas.hr website content is available in the Croatian language. The official language for concluding the sales contract is Croatian.

STATEMENT ON RETURNS

The customer is obliged to check for any visible damages upon receiving the product and immediately report them to the delivery person who delivered the goods, or to refuse to accept a shipment that shows visible external damage.

dabas.hr will, based on a return or exchange request, refund the customer to their account or replace the product with a new one within fourteen (14) days from the date of receiving the returned product at the warehouse.

In the event that a replacement product is not available in stock, only a refund is possible. Returns of delivered products are to be sent to the following address:
DSD d.o.o., Zagorska 10, 10290 Zaprešić
In the case of a justified complaint, dabas.hr will bear the return shipping costs.

The customer is obligated to return the delivered products in the condition in which they were delivered and in the original packaging (commercial packaging in which the goods were delivered) along with the delivery note and invoice.

COMPLAINTS

MATERIAL DEFECTS

DSD d.o.o. is responsible for material defects of the product up to the moment the risk passes to the buyer (i.e., the moment the item is handed over to the buyer or to a third party designated by the buyer, who is not the carrier), regardless of whether the seller was aware of the material defect. The same applies to material defects that occur after the risk has passed to the buyer if they are the result of a cause that existed before. It is presumed that a defect which appears within six months of the transfer of risk existed at the time of the transfer of risk, unless the seller proves otherwise, or unless otherwise arises from the nature of the item or the defect.

A defect exists:

if the item lacks the necessary properties for its regular use or for circulation;

if the item lacks the necessary properties for a particular use for which the buyer is acquiring it, and which was known to the seller or should have been known;

if the item lacks properties and characteristics that were explicitly or implicitly agreed upon or prescribed;

if the seller has delivered an item that does not match the sample or model, except when the sample or model was shown for informational purposes only;

if the item lacks properties normally found in items of the same kind and which the buyer could reasonably expect, especially considering public statements made by the seller, manufacturer, or their representatives (advertising, labeling, etc.);

if the item has been incorrectly assembled, provided that the assembly service was part of the sales agreement;

if incorrect assembly is the result of deficiencies in the assembly instructions.

The consumer must notify the seller of visible defects within 7 days from the date the defect was discovered, and no later than 30 days from the moment the risk passed to the consumer.

If, after receiving the goods, a hidden defect is discovered (one that could not have been identified during a regular inspection upon receipt), the buyer must inform the seller of the defect within 7 days from the day the defect was discovered, or lose the right to a claim.

The seller is not liable for defects that appear after the expiration of the product’s warranty period. The rights of the buyer who timely notifies the seller about a defect expire after the warranty period ends, calculated from the day the seller received the notification, unless the buyer was prevented from exercising their rights due to seller’s fraud.

If a material defect is confirmed, the seller may be obliged, in accordance with the Civil Obligations Act, to:

remove the defect;

deliver another product without defects;

reduce the price;

terminate the contract.

Rights related to material defects are regulated by the Civil Obligations Act.

When the buyer is a legal entity, the rules on material defects from the Civil Obligations Act apply, particularly where they differ from the general terms outlined here.

RIGHT OF UNILATERAL TERMINATION OF THE SALES CONTRACT

Unilateral Contract Termination Form (PDF)

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

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

If the consumer orders multiple items in one order that are delivered separately, or if it involves items delivered in several parts or shipments, the 14-day period starts from the day the last item or last shipment is handed over to the consumer or to a third party designated by them.

If regular delivery of goods over a set period has been agreed upon, the 14-day period begins on the day the first item or shipment is handed over.

The right of unilateral termination expires after 14 days from the date the consumer receives this notice.

To exercise the right of unilateral termination, the consumer must notify the seller of their decision clearly and unambiguously before the 14-day period expires. The notice must be sent via email to: info@dabas.hr, including name, surname, address, telephone number, and optionally a filled-in termination form available here:
Unilateral Contract Termination Form

The seller will confirm receipt of the termination notice via email without delay.

In case of contract termination, both parties are obligated to return to each other what they received under the contract. Unless the seller offered to collect the goods themselves, they will only issue a refund after receiving and inspecting the returned goods, and no later than 30 days from the return.

The seller is not obligated to refund any additional costs incurred due to the consumer’s explicit choice of a different delivery method.

Refunds will be made using the same payment method unless otherwise agreed upon, and on the condition that the consumer incurs no additional costs.

Unless the seller offered to collect the goods, the consumer must return the goods without delay and no later than 14 days from the date the notice of contract termination was sent.

The return obligation is considered fulfilled if the goods are sent or handed over before the 14-day deadline.

All direct return costs in case of unilateral contract termination are to be borne by the buyer.

The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the product.

To assess the product’s characteristics and functionality, the consumer may handle and inspect the goods only as they would be allowed to do in a retail store.