General provisions
These General Terms and Conditions govern the relationship between the Seller and the Buyer in connection with the purchase of products through the Seller’s online store and form an integral part of every purchase agreement concluded through the web store.
The Buyer is any natural or legal person who orders one or more products through the website. A consumer buyer is any natural person who concludes a legal transaction outside of their trade, business, craft or professional activity.
By using the online store, browsing the content, ordering products, the Buyer confirms that they are familiar with these General Terms and Conditions, that they understand them and that they fully accept them.
The Seller reserves the right to change these General Terms and Conditions at any time without prior notice. The terms and conditions that were valid at the time of concluding the purchase agreement, or at the time of confirming the order, apply to the Buyer.
Information about the Seller, including the name, address, contact details and other mandatory information, are available on the website.
The Seller strives to ensure the availability and functionality of the website, but is not responsible for any difficulties in accessing the website, interruptions in operation, technical malfunctions or errors that may occur when using the online store.
Any misuse of the website is prohibited, including providing incorrect information, unauthorized use of other persons’ data or taking actions that may cause damage to the Seller or third parties.
If any provision of these General Terms and Conditions is unenforceable, this shall not affect the validity of the other provisions that remain in force.
The law of the Republic of Croatia shall apply to the legal relations between the Seller and the Buyer, and in the event of a dispute, the competent court according to the Seller’s registered office shall have jurisdiction, unless otherwise provided by mandatory regulations.
Products
Products available through the web store are presented with a description containing the main characteristics of the product, including the product name, quantity, price, basic information on the composition, method of use and storage, and other relevant data.
The seller strives to ensure the accuracy and completeness of information about the products, but cannot guarantee the complete absence of errors in the description, photographs or other data published on the website. Product photographs are illustrative in nature and may differ from the actual appearance of the product, especially due to the natural characteristics of the product.
Since this is a food product of natural origin (extra virgin olive oil), natural differences in: color, smell, taste, density, sediment are possible. The above differences are not considered product defects.
The seller reserves the right to change the product range, specifications, prices and product availability without prior notice, except in the case of already confirmed orders.
All prices in the store www.cervar.hr/shop are expressed in euros (€) and include value added tax (VAT). Delivery costs are not included in the product price. Z.O. Červar reserves the right to change prices at any time.
Product Availability
Product availability depends on stock levels. In the event that the ordered product is not available after order confirmation, the Seller will notify the Buyer as soon as possible and offer: – a replacement product, or an extension of the delivery date, or a refund of the amount paid. The Buyer has the right to accept or reject the offered option.
Expiration date and storage
Products have an expiration date indicated on the packaging in accordance with applicable food regulations. The Buyer is obliged to store the product in accordance with the manufacturer’s recommendations, especially in a dark and cool place, protected from sources of heat and light.
The Seller is not responsible for changes in product quality that occur due to improper storage after the Buyer takes over the product.
Product safety
Products are placed on the market in accordance with applicable regulations on food safety and product declaration. The Seller is responsible for material defects of the product in accordance with applicable regulations.
Payment methods
The Buyer can pay for the ordered products exclusively by bank transfer (payment to the Seller’s account).
After receiving the order, the Buyer will be sent all necessary payment information via e-mail, including the account number (IBAN), model and reference number, and the total payment amount.
The Buyer undertakes to make the payment within the period specified in the payment instructions. The costs of the bank transaction are borne by the Buyer, unless otherwise specified.
The order is considered confirmed and binding for the Seller only after confirmation of the recorded payment on the Seller’s account. The delivery period begins to run from the moment of confirmation of receipt of the payment.
In the event that the payment is not recorded within a reasonable period of time from receipt of the order, the Seller reserves the right to unilaterally cancel the order.
The Seller is not liable for delays in recording the payment caused by the banking system or incorrectly entered data by the Buyer.
Product Delivery
The Seller delivers the ordered products after the recorded and visible payment of the purchase price to the Seller’s account, unless otherwise expressly agreed.
Delivery is carried out via the contracted DPD delivery service to the address specified by the Buyer when ordering. The Buyer is responsible for the accuracy and completeness of the delivery data. The Seller is not responsible for the impossibility of delivery or delay caused by incorrect or incomplete data provided by the Buyer.
The Seller delivers in Croatia and other countries within Europe. The delivery time depends on the country of destination, distance, logistical conditions and the operational work of the delivery service and may vary from a few working days to a longer period for more distant destinations.
The delivery period begins on the day of receipt of visible payment. The Seller will take all reasonable measures to ensure that the order is delivered as soon as possible, but is not responsible for delays caused by circumstances beyond its control, including but not limited to: – delays by the delivery service, – force majeure, – customs or administrative procedures (if applicable), – adverse weather conditions or logistical disruptions.
The risk of accidental loss or damage to the product passes to the Buyer at the moment when the Buyer or a third party designated by the Buyer takes over the shipment.
The Buyer is obliged to check the packaging for any visible damage upon receipt of the shipment and, in the event of damage, immediately file a complaint with the delivery person and notify the Seller without delay.
If the Buyer does not take over the shipment or the shipment is returned to the Seller for reasons attributable to the Buyer, the Seller reserves the right to charge the actual costs of re-delivery.
By handing over the shipment to the delivery service, the Seller is deemed to have fulfilled its obligation to deliver the products.
Complaints
When a complaint is justified
The buyer has the right to complain in the following cases:1. if the delivered product does not match the description on the website, 2. if the product is damaged during delivery, 3. if the product has a visible or hidden defect, 4. if the wrong product is delivered, 5. if the product is not suitable for normal use.
Note: The natural characteristics of extra virgin olive oil (e.g. clouding at lower temperatures, differences in color or taste depending on the harvest) are not considered product defects.
Deadline for submitting a complaint
The buyer is obliged to report visible defects or damage caused during delivery immediately upon receipt of the shipment, and no later than 48 hours.
Method of submitting a complaint
The complaint is submitted in writing: via e-mail: info@cervar.hr or via the contact form on the website
The complaint should contain: the buyer’s name and surname, order number or invoice, description of the reason for the complaint, photos of the product and packaging (if applicable).
Complaint resolution procedure
After receiving the complaint: – the seller will confirm receipt of the complaint. The complaint will be resolved within 15 days. The buyer will be offered: – product replacement, – refund of the amount paid, – or another appropriate method of resolution, as agreed. The cost of returning the product in the event of a justified complaint is borne by the seller.
Exceptions to complaints
The complaint will not be accepted in the following cases: 1. if the product has been stored incorrectly (exposed to heat, light or air), 2. if the product has been used contrary to the instructions, 3. if the changes have occurred due to the natural properties of olive oil.
Conclusion of a purchase agreement
These Terms and Conditions govern the procedure for concluding a purchase agreement between the Seller and the Buyer via the online store, using means of distance communication.
The publication of products on the website represents an invitation to Buyers to submit an offer, and not a binding offer from the Seller. By submitting an order via the online store, the Buyer makes an offer to conclude a purchase agreement.
The purchase agreement is considered concluded at the moment when the Seller receives payment of the purchase price and electronically delivers a confirmation of order acceptance to the Buyer. The automatic message on receipt of the order is not considered acceptance of the offer, but only confirmation that the order has been received in the system.
Before confirming the order, the Buyer is obliged to check the accuracy of the entered data and it is considered that by confirming the order, he has accepted all purchase conditions, prices, delivery costs and delivery deadlines published on the website.
The procedure for concluding a contract includes: 1. selecting a product and adding it to the cart, 2. entering identification and delivery data, 3. selecting a payment method, 4. reviewing the order before confirmation, 5. confirming the order by the Buyer by clicking on the appropriate button.
The Seller reserves the right not to accept the Buyer’s order, especially in the following cases: unavailability of the ordered product, obvious errors in the price or product description, technical errors in the web store system, suspicion of misuse, fraud or unauthorized use of data, orders that deviate from the usual quantities for end consumption.
In the event that the Seller is unable to accept the order or deliver the product, the Buyer will be notified without delay, and in the event of a previously made payment, the Seller will refund the funds as soon as possible.
The Seller is not responsible for errors in data entry by the Buyer or for any technical difficulties on the Buyer’s side that may affect the ordering process.
The purchase agreement is concluded in Croatian, English and German and is stored in electronic form in the Seller’s records. The agreement is available to the Buyer via the order confirmation received by e-mail.
Right to unilateral termination of the contract
The Buyer who is a consumer has the right, without giving reasons, to unilaterally terminate the purchase contract within 14 (fourteen) days from the date on which the product was handed over to the Buyer or a third party designated by the Buyer, who is not the carrier.
In order to exercise the right to unilateral termination of the contract, the Buyer is obliged to notify the Seller of his decision to terminate the contract before the expiry of the 14-day period by means of an unambiguous statement sent by post or e-mail to the Seller’s contact details.
The Buyer may use the attached form for unilateral termination of the contract, but this is not mandatory.
In the event of unilateral termination of the contract, the Seller shall refund all payments received from the Buyer, including delivery costs (except for additional costs resulting from the Buyer’s choice of a delivery method other than the cheapest standard delivery offered by the Seller), without delay, and no later than 14 days from the date of receipt of the Buyer’s decision to unilaterally terminate the contract.
The refund will be made in the same way as the Buyer made the payment, unless the Buyer expressly agrees to a different method of refund.
The Seller may postpone the refund until the product is returned to him or until the Buyer provides proof that he has sent the product back, whichever occurs first.
The Buyer is obliged to return or hand over the product to the Seller without undue delay, and no later than 14 days from the date on which he informed the Seller of his decision to terminate the contract. The direct costs of returning the product shall be borne by the Buyer.
The Buyer is liable for any diminution in the value of the product resulting from handling the product, except for that which was necessary to determine the nature, characteristics and functionality of the product.
Exception to the right to unilateral termination
In accordance with applicable regulations, the Buyer does not have the right to unilaterally terminate the contract in the following cases:
- if the subject of the contract is goods that were sealed for health or hygiene reasons, and which were unsealed after delivery,
- if the product was opened or used after delivery, and it is a food product.
Extra virgin olive oil is considered a food product and in the event of opening the original packaging after delivery, the right to unilaterally terminate the contract is not possible.
Online Dispute Resolution
In accordance with Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, we inform consumers that they can resolve disputes related to online purchases via the European Commission’s online dispute resolution platform.
The platform is available at the following link:
European Commission — https://ec.europa.eu/consumers/odr
Using the aforementioned platform allows consumers to file a complaint regarding online purchases without having to initiate court proceedings.
The Seller is not obliged to participate in the alternative dispute resolution procedure for consumer disputes before alternative dispute resolution bodies, but will strive to resolve any disputes with customers amicably, by mutual agreement.