RETURN AND PRODUCT COMPLAINTS

PRIMAS, sole proprietorship (hereinafter: the Seller) is liable for material defects of products in accordance with the Croatian Civil Obligations Act and the Consumer Protection Act.

A defect exists:

  • if the product does not have the features required for its regular use,
  • if the product does not have the features required for a specific use for which the buyer purchased it, and this was known or should have been known to the Seller,
  • if the Seller delivered a product that does not correspond to the sample or model, unless the sample or model was shown for information purposes only.

If, after receiving the product, the buyer discovers a defect that could not have been detected by a usual inspection upon delivery, the buyer must notify the Seller within two months from the day the defect was discovered.

The Seller is not liable for defects caused by improper use or damage to the product after delivery.

When a material defect is established, the buyer has the right, in accordance with the Civil Obligations Act, to request:

  • removal of the defect,
  • replacement with a product without the defect,
  • a price reduction, or
  • termination of the contract.

If the buyer is a legal entity, the provisions of the Civil Obligations Act apply to liability for material defects.

CONSUMER COMPLAINTS

In accordance with the Consumer Protection Act, the consumer has the right to submit a written complaint regarding the purchased product, order, delivery or service of the Seller.

A written complaint can be submitted in one of the following ways:

  • by e-mail: mammamiaart.web@gmail.com
  • by post: PRIMAS, Tolstojeva 29, 21000 Split, Croatia
  • in person at our store: Ruđera Boškovića 16a, 21000 Split, Croatia

Please state your name and surname, the address or e-mail address to which you wish to receive the reply, the order or invoice number and a description of the reason for the complaint. If you have any evidence (photos, invoice, etc.), please attach it.

We will confirm receipt of your written complaint without delay and send a written reply no later than 15 days from the day of receipt.

In the event of a dispute, the Seller and the consumer will try to resolve it amicably. The consumer may also contact a body for out-of-court resolution of consumer disputes, such as the Mediation Centre of the Croatian Chamber of Economy. If the dispute cannot be resolved amicably, the competent court in Split shall have jurisdiction, applying the law of the Republic of Croatia.

RIGHT OF WITHDRAWAL

The consumer has the right to withdraw from a contract concluded through the online store within 14 days, without giving any reason. Instructions for withdrawal.

The 14-day period begins on the day the product is delivered into the possession of the consumer or a third party designated by the consumer, other than the carrier. If the consumer ordered several products that are delivered separately, the period begins on the day the last product is delivered.

To exercise the right of withdrawal, the consumer must inform the Seller of the decision before the 14-day period expires by an unambiguous statement sent by e-mail to mammamiaart.web@gmail.com or by post to PRIMAS, Tolstojeva 29, 21000 Split, Croatia. The statement should include the consumer’s name and surname, address, phone number or e-mail address and order number. The consumer may use the withdrawal form, but it is not mandatory.

The Seller will confirm receipt of the withdrawal statement by e-mail without delay.

The consumer must return the product without undue delay and no later than 14 days from the day they informed the Seller of the withdrawal. The deadline is met if the consumer sends the product back before the 14-day period expires. The direct costs of returning the product are borne by the consumer.

The Seller will refund all payments received, including the costs of standard delivery, without undue delay and no later than 14 days from the day the withdrawal statement is received. The Seller may withhold the refund until the returned product has been received or until the consumer has supplied evidence of having sent it back. The Seller is not obliged to refund additional costs if the consumer expressly chose a delivery method more expensive than the least expensive standard delivery offered by the Seller. The refund will be made using the same means of payment used by the consumer, unless the consumer expressly agrees otherwise and incurs no additional costs as a result.

The consumer may inspect and try the product only as they would in a store. A returned product must not be worn, washed, ironed, shortened or altered, and its labels or sewn-in logo must not be removed. The consumer is liable for any diminished value of the product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

The right of withdrawal does not apply to products made to the consumer’s specifications or clearly personalised.

If the buyer is a legal entity, the provisions on withdrawal do not apply. Instead, the provisions of the Civil Obligations Act and the Electronic Commerce Act apply.

Withdrawal form: Click here.

The Seller reserves the right to amend these terms. Amendments take effect on the day of publication on the website.