Terms of purchase

Introductory Provisions

Information about the craft:

SKAR, trade and services craft, owned by Tomislav Đurkan
Savska cesta 41 (PT Zagrepčanka 5th floor), 10000 Zagreb, Croatia
OIB: 77426420347 | Trade Reg. No.: 98730568
Tel: 098 947 7818 | E-mail: info@skarlife.com
Registered in the Trade 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 apply to all contracts concluded between a natural or legal person and the SKAR craft regarding all goods presented in the online store www.skarlife.com.

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

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

Legal entities as Buyers 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 Buyers do not have the right to unilateral termination of the contract nor the complaint procedure related to material defects. For these cases, the relevant provisions of the Obligations Act and the Electronic Commerce Act apply.

Only an adult and legally capable person can be a Buyer.

Contracts on behalf and for the account of a minor or a legally incompetent person may be concluded by their representatives or guardians. The Seller does not assume responsibility for contracts contrary to this provision.

The Seller is SKAR, trade and services craft, Savska cesta 41 (PT Zagrepčanka 5th floor), 10000 Zagreb, OIB:77426420347 which performs retail activities through the online store www.skarlife.com.

Product ordering and contract conclusion

Product orders in our web shop are made via the 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. Registration is done by entering an email address, after which the user receives a one-time code to confirm registration.

Opening a user account allows the customer to view previous orders and make easier future purchases.

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

By clicking "Add to cart", the product is added to the virtual cart, after which the customer can review the contents of the cart and select the delivery method. By clicking the "Proceed to payment" button, you will be redirected to enter shipping and payment details.

After entering all necessary data and selecting the payment method, by clicking the button to complete the purchase, the customer submits a legally binding request for concluding a distance purchase agreement 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 the payment has been made.

When ordering, please carefully follow the on-screen instructions and ensure that all information has been entered 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 has the right to deny such user access to all or part of the services we offer. You can change the data until you click the button that completes the ordering 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 immediately inform the Buyer and offer a new delivery deadline 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 in which 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 according to Article 90, paragraph 1 of the Value Added Tax Act.

Delivery costs are not included in the 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 the order delivery check.

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

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

Products are delivered at prices valid on the day of ordering, regardless of the delivery date. We reserve the right to change prices unless otherwise stated.

/Promotional offers 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 are issued. After the promotional period expires, the Seller is not obliged to grant the discount under the terms of the expired promotion.

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

Payment

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

Payment can be made by:

• 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 completed at the time of transaction authorization by the card issuer.

After successful payment, the Seller begins processing the order and preparing 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 selects 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 estimated 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 time does not include the day of order receipt, non-working days and holidays, delays caused by inaccurate or incomplete customer 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 price is:

• 0.00 € for delivery to BOXNOW parcel locker
• 2.99 € for DPD home delivery
• 3.99 € for GLS home delivery

Estimated delivery time:

• BOXNOW parcel locker: 0 – 2 working days
• DPD: 1 – 3 working days
• GLS: 1 – 3 working days

Delivery time may be longer during holidays, sales, or due to unforeseen circumstances with delivery services.

/Promotional benefits/
The Seller may occasionally organize promotional campaigns during 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 for the duration of the promotion. The Seller reserves the right to change or cancel promotional benefits without prior notice.

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

/Inability to deliver/
In the event that the Seller is unable to deliver the ordered product within the specified deadlines, the Buyer will be immediately informed thereof, and a new delivery deadline or a refund of the paid amount will be offered, whereby the Buyer has the right to terminate the contract. In cases where the Buyer has been delivered 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 amount paid for the product, delivery price, and compensation for the costs of returning the product, 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 to unilaterally terminate a distance contract within 14 days from the date of receipt of purchased products, without stating reasons.

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 to notify the Seller of their decision to terminate the contract before the expiration of the period for unilateral termination, by filling out and sending the Unilateral Contract Termination Form electronically to info@skarlife.com. The form can be found at the following link: Unilateral Contract Termination Form

We will send you confirmation of receipt of the notification 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 the date they notified the seller of their decision to terminate the contract, in accordance with Article 74 of the Consumer Protection Act.

The Seller undertakes to return the full amount of funds paid to the Buyer within 14 days, with the period starting from the day the product is returned to the seller. The Buyer who exercises their right to unilateral termination of the contract is obliged to bear the direct costs of returning the products.

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 that results from handling the purchased product beyond what was necessary to establish its nature, characteristics, and functionality.

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.

The Buyer is deemed to have fulfilled their obligation to return the goods on time if, before the expiry of the aforementioned deadline, they send/deliver them in a verifiable manner (by registered mail).

The cost of returning the goods is borne by the Buyer unless the reason for the return is the Seller's responsibility. The refund will be made in the same way 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 an additional 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 funds.

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

For hygienic 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, making it impossible to put it back on sale.

In the event that the product is returned in a condition that prevents its further sale for hygienic reasons, the Seller reserves the right to refuse a refund or reduce the refund amount in accordance with the diminished value of the product. If a 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.

The SKAR craft is responsible for material defects of products in accordance with applicable regulations.

Upon receipt of the purchased goods, the buyer should check the contents of the shipment for all accompanying parts listed in the manufacturer's specifications. In case of defects, please inform us as early as possible, and no later than 72 hours from the collection of the purchased goods.

Material Defects for which the Seller is Responsible

• The Seller is responsible for material defects of the item that it had at the time of risk transfer to the Buyer, regardless of whether it was known to him.
• The Seller is also responsible for material defects that appear after the risk transfer 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 of the risk transfer existed at the time of risk transfer, unless the Seller proves otherwise or the contrary arises from the nature of the item or the nature of the defect.
• Slight material defects are not covered.

When Material Defects Exist

A defect exists:

• if the item does not conform to the description, type, quantity, and quality, i.e., does not have the functionality, compatibility, interoperability, and other features as established by the sales contract,
• if the item is not suitable for any particular purpose for which it is required by the Buyer 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 item is not suitable for use for purposes for which items of the same type would ordinarily be used, taking into account all European Union regulations and regulations of the Republic of Croatia, technical standards or, if there are no such technical standards, applicable codes of conduct in a specific area if they exist,
• if the item does not correspond to the quality and description of the sample or model that the seller made available to the Buyer before concluding the contract,
• if the item does not correspond to the quantity or does not have the properties and other features, including those relating to durability, functionality, compatibility, and safety, which are customary for items of the same type and which the Buyer can reasonably expect given the nature of the item 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 the existence of certain properties of the item, the defect is not taken into account if the seller did not know nor ought to have known of these statements, or these statements were refuted by the time the contract was concluded, or they did not influence the Buyer's decision to conclude the contract.

Defects for which the seller is not responsible

• The seller is not responsible for defects if they were known to the Buyer at the time of concluding the contract or could not have remained unknown to him (e.g., when selling goods with a defect where the defect was clearly highlighted).
• For damage caused by the Buyer during product collection.
• 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 possible in the regular course of business and to notify the seller of visible defects without delay, otherwise, he loses the right to which he is entitled on that basis.

Hidden defects

If, after receiving the goods, the Buyer discovers a defect that could not have been discovered during the usual inspection upon collection, the Buyer is obliged, under penalty of losing 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 responsible 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, a Buyer who has duly and timely 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 defects,
• price reduction
• termination of contract

When exercising the right to remedy the defect, the Buyer has the right to choose between repair and replacement of the item, unless the chosen method of remedying the defect would be impossible or would result in disproportionate costs for the seller compared to the other method, 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 seller is authorized to refuse to remedy the defect if repair and replacement are impossible or would incur disproportionate costs, taking into account all circumstances, especially the value of the item without the defect, the significance of the defect, and whether repair or replacement can be performed 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 has 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 persists despite the seller's attempt to remedy it, or if the seller has declared that they will not remedy the defect, or it is evident from the circumstances that they will not remedy the defect within a reasonable time or without significant inconvenience to the Buyer, and if the defect is so serious as to justify 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 proving that the defect is minor lies with the seller.

The costs of remedying the defect and delivering another item without defects are borne by the seller.

Repair or replacement

Repair or replacement of a defective item is 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 that item.

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 collection.

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

Termination of consumer contract by buyer's declaration

The Buyer may 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 also terminate the contract without granting an additional period if the seller, after being notified of defects, informed them that they would not fulfill the contract, or if it is evident from the circumstances of the specific case that the seller will not be able to fulfill the contract even within an additional period, as well as if the Buyer cannot achieve the purpose for which they concluded the contract due to the seller's delay.
• If the method of remedying the defect, i.e., the delivery of another item without defects, would result in significant inconvenience for the Buyer, they have the right to terminate the contract or demand a proportionate price reduction.
• If only a part of the delivered item has defects, or if only a part of the item, or a smaller quantity than agreed, was delivered, the Buyer may terminate the contract in the sense of the preceding articles only with respect to the defective part, or only with respect to the missing part or quantity.
• The Buyer may terminate the entire contract only if the agreed quantity or the delivered item forms a whole, or if the Buyer otherwise has a justified interest in receiving the agreed item or quantity as a whole.
• If multiple items or a group of items were sold under one contract and for one price, and only some of them have defects, the Buyer may terminate the contract only with respect to those items, and not the others.

Termination of contract by law itself

If the seller fails to fulfill the contract within the additional period, the contract is terminated by law itself, but the Buyer can keep it in effect if they declare to the seller without delay that they are maintaining the contract.

Loss of 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 for them to return the item or to return it in the condition in which they received it.

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 attributable to them or a person for whom they are responsible.

The same applies if the item has completely or partially perished or been damaged during 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 risk transfer to the consumer, and the merchant believes that the defect did not exist at that time, the cost of expert appraisal is advanced by the merchant, and ultimately borne by the merchant or the consumer, depending on the appraisal result.

If a material defect in the goods under the contract appears after one year, but no later than two years from the date of risk transfer to the consumer, the cost of expert appraisal is advanced by the consumer, and ultimately borne by the merchant or the consumer, depending on the appraisal result.

Complaints are considered according to the manufacturer's specifications 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 unprofessional handling, mechanical damage, damage due to lightning strike, or wear and tear of the item.

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

Submitting 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; by email: info@skarlife.com

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

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

Alternative dispute resolution for consumers

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 Dispute Resolution for Consumers, in case of unresolved complaints, consumers can contact an alternative consumer dispute resolution body.
In 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 consumer dispute resolution:
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., "Mediator" Mediation Center, 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 resolution of disputes related to purchases, both domestically and abroad.

Access to the platform:

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

Proceedings before the Courts of Honor are 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 council members 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 Procedure 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 adopt 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 in the City of Zagreb has jurisdiction.