Terms of purchase

Introductory Provisions

Information about the craft business:

SKAR, craft for trade and services, owner Tomislav Đurkan
Savska cesta 41 (PT Zagrepčanka V. floor), 10000 Zagreb, Croatia
OIB: 77426420347 | MB obrta: 98730568
Tel: 098 947 7818 | E-mail: info@skarlife.com
Registered in the Crafts Register in Zagreb
IBAN: HRxxxxxxxxxxxx | SWIFT(BIC): XXXXXX

These Terms of Purchase define the procedure for ordering, payment, delivery, and complaints regarding products from the online store www.skarlife.com

These Terms of Purchase of the SKAR craft business apply to all contracts concluded between a natural or legal person and the SKAR craft business concerning all goods presented in the online store www.skarlife.com.

A natural person, in accordance with these Terms, is considered to be any person who enters into a legal transaction for a purpose not attributable to either predominantly commercial or self-employed activity.

A legal person, according to these Terms, is any natural or legal person or a legally capable company engaged in commercial or independent activity when entering into a legal transaction.

Legal entities as Customers are subject to the application of the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them.

Legal entities as Customers are not entitled to the right of unilateral termination of the contract or the complaint procedure related to material defects. For these cases, the relevant provisions of the Obligations Act and the Electronic Commerce Act apply.

A buyer can only be an adult and legally capable person.

Contracts on behalf and for the account of minors or legally incapacitated persons can be concluded by their representatives or guardians. The Seller does not assume responsibility for contracts contrary to this provision.

The Seller is SKAR, craft for trade and services, Savska cesta 41 (PT Zagrepčanka V.kat), 10000 Zagreb, OIB:77426420347 which carries out retail activities through the online store www.skarlife.com.

Product ordering and contract conclusion

Product ordering in our web shop is done through an integrated order form.

Purchasing through the web shop is possible without user account registration.

The user can voluntarily create a user account through the login/registration option. Login is done by entering an email address, after which the user receives a one-time code to confirm login.

Creating a user account allows the buyer to view previous orders and make future purchases more easily.

Products are ordered via the web shop www.skarlife.com by selecting the desired product and clicking the "Add to cart" button.

By clicking "Add to cart", the product is added to the virtual cart, after which the buyer can review the cart content and choose the delivery method. Clicking the "Proceed to checkout" button will redirect you to enter delivery and payment details.

After entering all necessary data and selecting the payment method, by clicking the button to complete the purchase, the buyer submits a legally binding request for the conclusion of a distance purchase contract for the products placed in the cart.

Within 24 hours, you will receive an order confirmation to the email address you provided during the order. The contract is considered concluded after payment is made.

Please carefully follow the instructions on the screen when ordering and check that you have entered all data correctly. Users of the website www.skarlife.com are obliged to provide accurate, valid, and complete personal data when filling out the registration form; otherwise, the SKAR craft business has the right to deny such users access to all or part of the services we offer. You can change the data until you click the button that completes the order process.

Order processing and communication take place via email and automated order processing. Please ensure a correct email address so that you can receive emails related to the order and, if SPAM filters are used, ensure the delivery of all emails.

In case the ordered product or selected color is currently unavailable, the Seller will inform the Buyer without delay and offer a new delivery date or a refund of the paid amount.

If the product cannot be delivered within a reasonable time, the Buyer has the right to terminate the contract, and the Seller will refund the paid amount in the same manner as the payment was made.

The invoice for your online purchase is issued and sent to your email address in electronic form.

Prices

Product prices are retail prices and are expressed in euros (EUR) and do not include VAT. Exempt from VAT payment in accordance with Article 90, paragraph 1 of the Value Added Tax Act.

Delivery costs are not included in product prices and are calculated and displayed separately at the end of the ordering process.

In case of inability to properly deliver to the Buyer's specified address, the Buyer bears the costs of redelivery to the same or another address, depending on the information the Buyer provides to the Seller during order delivery verification.

The price of goods is determined for each product individually. The process of entering prices on the page for each product is subject to multi-level control, but despite this, there is a possibility of error due to the human factor, and by nature, it cannot be an automatic entry.

Such situations are extraordinary, and for this reason, the contract is concluded when we send you a written notification of order acceptance.

Products are delivered at prices valid on the day of ordering, regardless of the delivery date. We reserve the right to change prices if not stated otherwise.

/Promotional campaigns and discount codes/

The Seller may occasionally organize promotional campaigns and offer discount codes. The terms of each promotion, including duration and discount amount, will be clearly indicated on the website.

Discount codes are valid exclusively for the period for which they were issued. After the promotional period expires, the Seller is not obligated to grant a discount under the terms of the expired promotion.

The Seller reserves the right to change or withdraw promotional campaigns without prior notice, provided that changes do not apply to already confirmed and concluded orders.

Payment

The Buyer undertakes to pay for the ordered products using one of the offered payment methods available at the end of the order process.

Payment can be made:

• with debit and credit cards (Visa, Mastercard, American Express, Maestro)

• via digital wallets Apple Pay and Google Pay

All payments are processed through the secure Shopify Payments system. Buyer's card data is protected in accordance with security standards (PCI DSS), and the Seller does not have access to card data.

Card payment is considered complete at the moment of transaction authorization by the card issuer.

After a successful payment, the Seller begins processing the order and preparing the products for delivery.

Delivery Terms

/Delivery method/
Product delivery is carried out in the Republic of Croatia via BOXNOW parcel lockers, GLS home delivery, DPD home delivery. The Buyer chooses the desired delivery method at the end of the order. In case of home delivery, goods are delivered to the entrance of the residential building.

/Delivery time/
After receiving the order and successful payment authorization, the order is processed and handed over to the selected delivery service as soon as possible. The expected delivery time is 1 to 3 working days, and delivery will take place no later than 7 working days from the day of receipt of proper payment. The delivery period does not include the day of receipt of the order, non-working days and holidays, delays caused by inaccurate or incomplete buyer data, nor force majeure circumstances or other reasons beyond the Seller's control.

/Delivery costs/
Delivery costs are calculated at the end of the purchase and are clearly displayed before order confirmation.

Delivery is free for all orders over €50.For orders under €50, the delivery cost is

€2.49 for BOXNOW parcel lockers

€4.99 for GLS home delivery.

€3.99 for DPD home delivery

/Promotional benefits/
The Seller may occasionally organize promotional campaigns within which delivery is free or at a reduced price. The terms of such promotions will be clearly indicated on the website and are valid exclusively during the promotion period. The Seller reserves the right to change or cancel promotional benefits without prior notice.

/Responsibility upon receipt/
The Buyer is obliged to check the package for any visible damage upon receipt of the shipment and, in case of damage, immediately inform the delivery service and the Seller. Signing the receipt confirmation or accepting the shipment implies that the package was received without external visible damage, unless the Buyer reports the noticed defect without delay.

/Inability to deliver/
In case the Seller is unable to deliver the ordered product within the stated deadlines, the Buyer will be informed without delay and offered a new delivery date or a refund of the paid amount, whereby the Buyer has the right to terminate the contract. In cases where the Buyer has received a product different from the one purchased, the Buyer has the right to the delivery of the ordered product, and if this is not possible, the Buyer has the right to a refund of the paid product price, delivery price, and reimbursement of product return costs, and is obliged to return the wrongly delivered product in its original condition, unopened and unused.

Right to unilateral termination of a distance contract

According to the Consumer Protection Act (Official Gazette No. 19/22), Article 79, paragraph 1, the Buyer has the right, without stating reasons, to unilaterally terminate a distance contract within 14 days from the date of receipt of the purchased products.

If the delivery of several pieces of goods was separate, the period for unilateral termination of the contract begins on the day the last purchased product was received.

The Buyer is obliged, before the expiration of the unilateral termination period, to inform the Seller of their decision to terminate the contract by means of the Unilateral Contract Termination Form, which can be filled out electronically and sent to the email address: info@skarlife.com, and can be found at the following link: Unilateral Contract Termination Form

We will send you confirmation of receipt of the notice of unilateral termination of the contract, without delay, by electronic mail.

The Buyer must return the goods without delay, and no later than 14 days from when, in accordance with Article 74 of the Consumer Protection Act, they informed the seller of their decision to terminate the contract.

The Seller undertakes to refund the Buyer the full amount paid within 14 days, and the period begins from the day the product is returned to the seller. A Buyer who exercises their right to unilaterally terminate the contract is obliged to bear the direct costs of returning the product.

In accordance with Article 84, paragraph 6 of the Consumer Protection Act, the Buyer is responsible for any reduction in the value of the purchased product resulting from handling the purchased product beyond what was necessary to ascertain the nature, characteristics, and functionality of the goods.

The goods must be sent by courier service to K2 Logista d.o.o., Zagrebačka 47, Velika Gorica, without undue delay, and no later than 14 days from the day you sent us your decision to unilaterally terminate the contract.

It is considered that the Buyer has fulfilled their obligation to return on time if, before the expiry of the aforementioned deadline, they send/deliver in a verifiable manner (by registered mail).

The costs of returning the goods are borne by the Buyer unless the reason for the return is the Seller's responsibility. The refund will be made in the same manner in which the Buyer made the payment. The refund can only be made after the goods have been returned or after the Buyer has provided proof that the goods have been sent back.

If the product is returned defective, with significant damage or without parts and documentation, and if these are not delivered within a subsequent period of 8 days, it is considered that the Buyer has not fulfilled their obligation to return the goods, and the Seller is not obliged to refund the paid amount.

The product must be returned undamaged, unused (beyond necessary testing) in its original packaging suitable for resale. The Buyer has the right to inspect and try the product only to the extent necessary to determine its nature, characteristics, and functionality, in the same way as in a physical store.

For hygiene reasons, it is not possible to return a product that has been used in a way that exceeds necessary testing, especially if the product has been in contact with the mouth, and therefore cannot be resold.

In the event that the product is returned in a condition that prevents its further sale for hygiene reasons, the Seller reserves the right to refuse a refund or reduce the refund amount in accordance with the reduction in the product's value. If the product is returned in a condition that makes it unsuitable for resale, SKAR may return the product to the Buyer at the Buyer's expense.

Given that SKAR products are intended for food contact, SKAR reserves the right to request photographic proof of the internal condition of bottles or other returned items to verify compliance with hygiene and return requirements.

SKAR does not offer product exchange in the context of voluntary returns.

SKAR (the craft business) is liable for material defects of products in accordance with applicable regulations.

Upon receipt of the purchased goods, the buyer must check the contents of the shipment for all accompanying parts listed in the manufacturer's specification. In case of defects, please notify us as soon as possible, and no later than 72 hours after receiving the purchased goods.

Material defects for which the Seller is liable

• The Seller is liable for material defects of the goods that existed at the time the risk passed to the Buyer, regardless of whether the Seller was aware of them.
• The Seller is also liable for material defects that appear after the risk has passed to the Buyer if they are a consequence of a cause that existed before that.
• It is presumed that a defect that appeared within one year from the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or the contrary arises from the nature of the goods or the nature of the defect.
• Minor material defects are not covered.

When material defects exist

A defect exists:

• if the goods do not conform to the description, type, quantity, and quality, or do not have the functionality, compatibility, interoperability, and other characteristics as specified in the sales contract,
• if the goods are not suitable for any particular purpose for which the Buyer requires them and of which the Buyer informed the seller at the latest at the time of concluding the contract and to which the seller gave consent,
  
• if the goods are not suitable for use for the purposes for which goods of the same type would ordinarily be used, taking into account all regulations of the European Union and the Republic of Croatia, technical standards, or, if such technical standards do not exist, applicable codes of conduct in a specific area if they exist,
• if the goods do not conform to the quality and description of the sample or model that the seller made available to the Buyer before concluding the contract,
• if the goods do not conform to the quantity or do not have those properties and other characteristics, including those relating to durability, functionality, compatibility, and safety, which are customary for goods of the same type and which the Buyer can reasonably expect given the nature of the goods and 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, particularly in advertising or labeling,
• If the Buyer, based on statements from the manufacturer or their representative, expected certain properties of the goods, the defect is not considered if the seller did not know or could not have known about these statements, or if these statements were refuted by the time the contract was concluded, or if they did not influence the Buyer's decision to conclude the contract.

Defects for which the seller is not liable

• The Seller is not liable for defects if they were known to the Buyer at the time of concluding the contract or could not have remained unknown to them (e.g., when selling goods with a defect where the defect is clearly highlighted).
• For damage caused by the Buyer when taking over the product.
• For damage caused by excessive and inappropriate use of the product.

Inspection of goods and visible defects

The Buyer is obliged to inspect the received goods in the usual manner or to have them inspected, as soon as this is possible in the regular course of events, and to notify the seller of visible defects without delay, otherwise, they lose the right pertaining to them on that basis.

Hidden defects

If, after receiving the goods, the Buyer discovers a defect that could not have been detected by a usual inspection upon taking over the goods, the Buyer is obliged, under penalty of losing their rights, to notify the Seller of this defect within two months from the day the defect was discovered, and no later than two years from the transfer of risk to the Buyer.

The Seller is not liable for defects that appear after two years from the sale of the Product.

Procedure for determining a material defect

If a material defect is found to exist, the Buyer who has timely and properly notified the seller of the defect in accordance with Article 410, paragraph 1 of the Law on Obligations, has the right to choose to demand from the seller:

• free removal of the defect,
• delivery of another product without defect,
• price reduction
• contract termination

When exercising the right to have the defect removed, the Buyer has the right to choose between repair and replacement of the item, unless the chosen method of removing the defect would be impossible or if it would cause disproportionate costs to the seller compared to the other method of removing the defect, taking into account all circumstances, and especially the value of the item without the defect, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the Buyer.

The Seller is authorized to refuse to remove the defect if repair and replacement are impossible or if it would cause disproportionate costs to him, taking into account all circumstances, especially the value of the item without the defect, the significance of the defect, and whether the repair or replacement can be carried out without significant inconvenience to the Buyer.

The Buyer has the right to a price reduction or termination of the contract only if the seller has not remedied the defect, or refused to do so, or has not remedied the defect in accordance with Article 410a, paragraphs 2 and 3 of the Law on Obligations, if the defect exists despite the seller's attempt to remedy it, or if the seller has declared that he will not remedy the defect or if it is clear from the circumstances that he will not remedy the defect within a reasonable time or without significant inconvenience to the Buyer, and if the defect is so serious that it justifies an immediate price reduction or termination of the contract.

The Buyer has the right to withhold payment of any outstanding part of the price until the seller fulfills their obligations based on liability for material defects.

If the defect is minor, the Buyer does not have the right to terminate the contract, but is entitled to other rights arising from liability for material defects, including the right to compensation for damages.

The burden of proof that the defect is minor rests with the seller.

The costs of remedying the defect and delivering another item without defect shall be borne by the seller.

Repair or replacement

Repair or replacement of the defective item shall be carried out free of charge, within a reasonable time from the moment the Buyer notified the seller of the defect, and without significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer needed it.

During repair or replacement, the Buyer is obliged to make the item available to the seller, and the seller is obliged to take possession of it and bear the costs of taking possession.

The item can be delivered for repair to the nearest seller's branch or sent by a delivery service.

Termination of consumer contract by Buyer's statement

The buyer can terminate the contract

• If the seller fails to fulfill the consumer contract within a reasonable additional period, the consumer is authorized to declare the contract terminated.
• The Buyer may terminate the contract even without allowing an additional period if the seller, after notification of defects, communicated that he would not fulfill the contract, or if, from the circumstances of the specific case, it is evident that the seller will not be able to fulfill the contract even within an additional period, as well as in cases where the Buyer, due to the seller's delay, cannot achieve the purpose for which he concluded the contract.
• If the method of removing the defect, i.e., delivering another item without defect, would result in significant inconvenience for the Buyer, he has the right to terminate the contract or demand a proportional price reduction.
• When only a part of the delivered item has defects or when only a part of the item, or a smaller quantity than agreed, has been delivered, the Buyer may terminate the contract in the sense of the preceding articles only with regard to the defective part, or only with regard to the missing part or quantity.
• The Buyer may terminate the entire contract only if the agreed quantity or the delivered item constitutes a whole, or if the Buyer otherwise has a justified interest in receiving the agreed item or quantity in its entirety.
• When multiple items or a group of items have been sold with one contract and for one price, and only some of them have defects, the Buyer may terminate the contract only with regard to those items, and not the others.

Termination of contract by law

If the seller fails to fulfill the contract within the additional period, the contract is terminated by operation of law, but the Buyer may keep it in force if they declare to the seller without delay that they are keeping the contract in force.

Loss of the right to terminate the contract due to defect

The Buyer loses the right to terminate the contract due to a defect in the item when it is impossible to return the item or to return it in the condition in which it was received.

Nevertheless, the Buyer may terminate the contract due to a defect in the item if the item has completely or partially perished or been damaged due to a defect that justifies the termination of the contract, or due to an event not caused by them or by a person for whom they are responsible.

The same applies if the item has completely or partially perished or been damaged during the performance of the Buyer's obligation to inspect the item, or if the Buyer, before the defect was discovered, consumed or altered a part of the item during its regular use, and if the damage or alteration is insignificant.

If a material defect in the goods appears within one year from the date of transfer of risk to the consumer, and the trader believes that the defect did not exist at that time, the costs of expert assessment are advanced by the trader, and ultimately borne by the trader or the consumer, depending on the outcome of the assessment.

If a material defect in the goods under contract appears after one year, but not later than two years from the date of transfer of risk to the consumer, the costs of expert assessment are advanced by the consumer, and ultimately borne by the trader or the consumer, depending on the outcome of the assessment.

We accept complaints according to the manufacturer's specification for the product you purchased.

When reporting a product with a material defect, it is mandatory to attach a copy of the invoice, warranty card, description of the fault, and complete documentation and original packaging. The warranty does not cover damage caused by improper handling, mechanical damage, damage due to lightning strikes, or wear and tear of the item.

In accordance with the Consumer Protection Act (Official Gazette No. 19/22), the provisions of the Law on Obligations (Official Gazette 35/05, 41/08, 125/11, 78/15, 29/18, 126/21, 114/2022) regarding liability for material defects apply to the relationship between the consumer and the trader in the event of a material defect in the product.

Submission of a consumer complaint

You can send your complaints, as well as compliments, suggestions, and questions, by mail to SKAR, Savska cesta 41 (PT Zagrepčanka), 10000 Zagreb; or by email to: info@skarlife.com

We will confirm receipt of your complaint without delay in writing or using another communication method by which the complaint was submitted.

We will provide a response to the submitted complaint within 15 days of its receipt, and in the same response, we will inform you whether we accept its validity.

Alternative dispute resolution for consumer disputes

Disputes between the Buyer and the Seller can also be resolved alternatively by submitting a complaint to the Court of Honor of the Croatian Chamber of Economy or by a proposal for mediation at mediation centers. In accordance with the Act on Alternative Resolution of Consumer Disputes, in the case of unresolved complaints, consumers can contact an institution for alternative resolution of consumer disputes.
In the case of a consumer complaint against a trader based in the Republic of Croatia, you can submit the complaint to one of the seven notified bodies for alternative resolution of consumer disputes:
1.    Mediation Center at the Croatian Chamber of Economy, Zagreb, Rooseveltov trg 2;
2.    Mediation Center at the Croatian Insurance Bureau, Zagreb, Martićeva 71/I;
3.    Profi Test d.o.o., Mediation Center „Medijator“, Bjelovar, Petra Hektorovića 2;
4.    Court of Honor at the Croatian Chamber of Economy, Zagreb, Rooseveltov trg 2;
5.    Mediation Center at the Croatian Mediation Association, Zagreb, Teslina 1/I;
6.    Court of Honor of the Croatian Chamber of Trades and Crafts, Zagreb, Ilica 49/II;
7.    Mediation Center of the Croatian Chamber of Trades and Crafts, Zagreb, Ilica 49/II.
In addition, you can submit your complaint online via the European Commission's online dispute resolution platform, which enables the resolution of disputes related to purchases, both domestically and internationally.

Access to the platform:

http://ec.europa.eu/consumers/odr/

The procedure before the courts of honor is conducted in accordance with the Rules of Procedure of the Court of Honor at the Croatian Chamber of Economy and the Rules of Procedure of the Court of Honor at the Croatian Chamber of Trades and Crafts, which stipulate that the members of the councils of these courts, in addition to independent legal experts and representatives of traders, also include consumer representatives.

Mediation at mediation centers is conducted in accordance with the provisions of the Mediation Act, and in accordance with the Rules of Mediation of the mediation center.

The Croatian Chamber of Economy and the Croatian Chamber of Trades and Crafts, with the consent of the minister responsible for consumer protection, will make decisions on costs in proceedings before the Court of Honor of the Croatian Chamber of Economy and the Court of Honor of the Croatian Chamber of Trades and Crafts.

In case of inability to resolve the dispute by agreement and amicably, the competent court is in the City of Zagreb.