Pursuant to The Consumer Legislation Act, you are entitled to the unilateral breach of contract without stating the reason for such action, which breach has to be effected within a period of 14 days from the date of product delivery, that is from the date of the delivery of the last product stated on the order.
The exception to this entitlement includes the products which, according to the Article 79 of the Consumer Legislation Act, are not subject to the unilateral breach of contract, regarding which fact you will be particularly warned in the actual product offer.
The standard form of unilateral breach of contract can be downloaded here.
You can effect the unilateral breach of contract by using the aforementioned form or by the means of any other unambiguous statement which expresses your will to breach the contract, which statement has to be delivered via a permanent medium.
Your demand to replace an undamaged and functioning product that you have bought will be considered as the unilateral breach of contract. Products (for return or replacement) have to be delivered at Viribus unitis d.o.o., Od puča 34, 20000 Dubrovnik.
In the case of unilateral breach of contract and/or cancellation of an order we shall proceed pursuant to The Consumer Legislation Act, that is pursuant to The General Obligation Act. The return of payment will be effected after we receive the returned goods. You are obliged to return the goods without delay, not later than 14 days from the day you have notified us of the unilateral breach of contract.
According to the Article 77 of Consumer Legislation Act, buyer has to return goods without delay within 14 days from the day s/he has notified us on her/his decision to unilaterally breach the contract, and is responsible for direct expenses related to the return of goods, in case of exercising the said right to unilateral breach of contract. In case a buyer wants so, s/he can contact Viribus unitis d.o.o. at email email@example.com, with the aim of learning the ways, options, and conditions of returning the goods. You are kindly asked to pack a product into its original packing, in order to avoid the damage of product. In case of specific packing (such as styrofoam and foil) the adequate parts of packing have to be fastened for the sake of product’s protection.
Pursuant to Article 77 of Consumer Legislation Act, buyer is responsible for any depreciation of a bought product, which resulted from using a bought product, except in the case when it was necessary to establish the character, features, and functionality of goods which is the prescribed obligation of buyer in the case of unilateral breach of contact within the legally prescribed period of 14 days.
Viribus unitis d.o.o. informs the customers that, in regards to every returned product, it will determine the depreciation of bought product in relation to damage of packing i.e. damage of product that is not caused by checking the product’s functionality and, that it will inform the buyer on the above said after receiving a returned product.
On the occasion of the takeover, in relation to the unilateral breach of contract within the legally prescribed period of 14 days, Viribus unitis d.o.o. recommends the following:
– A depiction of product presents the general appearance of product and its usage, along with the presentation of product as envisaged by the manufacturer. Depiction does not present the details of a product that is delivered to the buyer, for which reason Viribus unitis d.o.o. recommends buyer
to study in detail the product’s characteristic as they are stated in the offer at Viribus unitis d.o.o. webpage, and to do so during the selection of product.
– In case packing is damaged, do not proceed with a product takeover but point out the package damage to deliverer and demand that a product gets returned to Viribus unitis d.o.o.. IF BUYER DOES NOT RECLAIM THE PACKING DAMAGE TO DELIVERER AT THE MOMENT OF PRODUCT’S TAKEOVER, IT WILL BE CONSIDERED THAT BUYER HAS RECEIVED A PRODUCT WITH INTACT PACKING.
– In case you establish the damage of product after opening the packing, preserve the original packing and, within 14 days from the receipt of goods, contact Viribus unitis d.o.o. If Viribus unitis d.o.o. organizes a transport of goods for the purpose of return, the buyer has to pack a product in its original packing, to avoid damaging a product. In case packing is specific (i.e. styrofoam and foil) the adequate parts of packing should be fastened for the sake of product’s protection.
– In case packing is intact and you have gone through the takeover a product, carefully remove the packing with as little damaging of packing as possible, since damaged packing depreciates a product.
– Carefully inspect a product, its character, features, and functionality but do not use or handle a product if you intend to exercise your legal right to breach of contract since any further handling depreciates a product.
In case a buyer orders goods and refuses to pay those without reason (i.e. packing is intact), Viribus Unitis d.o.o. retains the right to compensate direct costs of returning a product against the price of the product. Viribus Unitis d.o.o. is responsible for material faults of the products it sells on its webpage, in accord to the laws, especially The General Obligation Act of The Republic of Croatia.
The notification on the status of returned products and the refund will be sent to the buyer within 10 days via email. The refund of monies will be effected not later than 5 days from the date a buyer was sent the previously mentioned notification.
The right to the unilateral breach of contract is null in several cases, as prescribed by the law. Integral information related to the right of buyer regarding the unilateral breach of contract can be found on this link.