Terms and conditions

COMPANY DETAILS

Bonita, Obrt za proizvodnju

Abbreviated name: Bonita

Registered office: Suđurađ 20, 20223 Šipanska Luka, Croatia

Registered in the Commercial Court under the company registration number (MBS): 90662695

VAT ID (OIB): 05571282946

Business bank and IBAN: HR8324070001100057614

OTP banka d.d., Split

Company members: Mato Goravica

Authorized representatives: Mato Goravica

Phone number: +385989060466

Email address: [email protected]

TERMS AND CONDITIONS

The Terms and Conditions regulate the relationship between the Customer and the Merchant regarding the conditions and methods of ordering products, product prices, payment terms and methods, warranty conditions for the correctness of the sold goods, the Customer's right to submit a written complaint about the products and services of the Merchant, the right to cancel the contract, product delivery, and other services offered by the Merchant, protection of personal and other data, and other matters important for the conclusion of the sales contract via the Internet.

The business conditions of Bonita (hereinafter referred to as the Merchant) are drawn up in accordance with the Consumer Protection Act (NN 19/22; 59/23), Chapter III – Conclusion of contracts outside business premises and distance contracts, and represent a prior notice in accordance with Article 43 of the Consumer Protection Act, the Electronic Commerce Act, the Civil Obligations Act, and other applicable regulations of the Republic of Croatia.

The Merchant reserves the right to change the Terms and Conditions at any time. All changes will be published on the Merchant's website and will take effect at the moment of their publication on the website. Any changes to the Terms will apply to purchases made after the publication of these changes.

The Customer is obliged to check the current Terms and Conditions before each purchase.

By placing an order, the Customer confirms acceptance of the Terms and Conditions.

By accepting the General Terms, the Customer declares that all the information provided by them is true and complete, that they are legally capable, an authorized credit card user, and that there are no known obstacles to ordering and purchasing products, i.e., for purchasing via the online offer.

These Terms and Conditions are always available to the service users in a way that allows them to save, reuse, and reproduce them.

These Terms and Conditions are considered an integral part of every sales contract concluded between the Merchant and the Customer via the Internet.

CUSTOMER

A Customer is any visitor to the online store who selects at least one product, orders, and pays for it, thereby entering into a Distance Sales Contract.

By placing an order, the Customer confirms acceptance of the Terms and Conditions and that they fully understand them.

By accepting the general terms, the Customer declares that all the information they provided about themselves is true and complete, that they are legally capable, an authorized credit card user, and that there are no known obstacles to ordering and purchasing products, i.e., for purchasing via the online offer. The Merchant is not liable for any actions of the Customer contrary to this provision.

PRICES

Bonita is a VAT taxpayer.

Prices represent retail prices, expressed in euros (EUR), and include VAT, valid for all payment methods at the time of purchase.

At the time of purchase, the price valid on the day of the order applies, and all ordered goods will be delivered at the prices valid when the offer was made or at the time of the order.

Bonita reserves the right to change prices at any time without prior notice, as well as to initiate price reductions and special promotions.

For orders placed by customers residing outside the EU, additional customs and tax charges may apply, which are to be paid by the Customer.

ORDERS

Bonita, through the online store, enables the purchase of available products listed in the web offer. 

Bonita reserves the right to delay the delivery of an order if there is an issue with payment processing or if the customer has provided incomplete delivery information.

If the ordered product is unavailable (temporarily or out of stock), the customer will be notified via email.

If the product is sold out or currently out of stock, the order will be canceled, and the customer will receive a refund. If necessary, we will contact you to confirm whether you want the rest of the order to be shipped.

AGE RESTRICTIONS RELATED TO ALCOHOL AND ALCOHOLIC BEVERAGES

The sale of alcoholic beverages to persons under 18 years of age is prohibited. The Customer is required to present a document proving their age upon the delivery person's request.
Upon accessing the online store, the Customer confirms their adulthood.

VISIBLE DAMAGE TO TRANSPORT PACKAGING

The Customer is obliged to inspect the shipment upon receipt, report any visible damage directly to the delivery service, and refuse to accept a damaged shipment. By signing the delivery note and receiving the invoice, the registered user confirms that they have inspected the product upon receipt and have no objections regarding damage to the transport packaging.

If the Customer refuses to accept the shipment due to identified and visible damage to the transport packaging, they are required to complete the appropriate form provided by the delivery or courier service regarding damaged shipments and notify Bonita via email immediately, but no later than within 8 (eight) days, indicating whether they would prefer a replacement delivery or a refund. Upon receiving the returned shipment and the corresponding form, Bonita undertakes to either perform a replacement delivery within the delivery timelines, provided the product is in stock at Bonita, or issue a refund at the registered user’s request.

TERMINATION OF CONTRACT AND RETURNS

The Customer has the right to terminate a contract concluded outside business premises or remotely within 14 days without providing a reason.

This period begins from the day the Customer or a third party designated by the Customer, who is not the carrier, takes possession of the goods that are the subject of the contract.

If the Customer orders multiple items in a single order to be delivered separately, or if the goods are delivered in several parts or shipments, the period begins from the day the Customer or a designated third party, who is not the carrier, takes possession of the last item or shipment of goods.

If the Merchant fails to inform the Customer about their right to unilaterally terminate the contract, this right expires 12 months after the end of the standard termination period (the 12-month period starts after the 14-day standard termination period). If the notice of the right to unilateral termination is provided within this 12-month period, the right to unilateral termination ends 14 days after the Customer receives the notice.

To exercise the right to terminate the contract, the Customer must notify the Merchant before the end of the termination period through an unambiguous declaration sent via email to [email protected] or by mail to: Bonita, Obrt za proizvodnju, Suđurađ 20, 20223 Šipanska Luka, Croatia. The declaration must include the Customer’s full name, address, phone number, and subsequently the bank account number (IBAN) for refunds if the order was paid via bank transfer or cash on delivery. 

Confirmation of receipt of the termination notice will be sent to the Customer without delay via email.

The Customer must return the goods without delay and no later than 14 days from the day they notified the Merchant of their decision to terminate the contract.

The Merchant commits to refunding the amount paid, reduced by the cost of delivery, within 14 days of receiving the written notice of termination, after verifying and accepting the returned goods, which must be in their original condition.

The Merchant is not obligated to issue a refund before receiving the returned goods.

The Merchant is not required to refund the delivery cost.

Refunds will be made using the same payment method the Customer used unless the Customer explicitly agrees to a different method, provided no additional costs are incurred by the Customer for such a refund.

The goods must be returned in their original condition, unused, and accompanied by the original receipt.

In accordance with Article 84, Paragraph 6 of the Consumer Protection Act, the Customer is responsible for any diminished value of the purchased product resulting from handling, except for what was necessary to determine the nature, characteristics, and functionality of the goods. In the case of damage to the original packaging, the refund amount will be reduced proportionally to the product's value. The Customer will be informed of the deduction amount in such cases.

If the service is initiated at the Customer's request during the termination period, the Customer must pay Bonita an amount proportional to what was delivered up to the point when the Customer informed Bonita of the unilateral termination of the contract.

FORM FOR UNILATERAL TERMINATION OF CONTRACT

EXCLUSION OF THE RIGHT TO TERMINATE THE CONTRACT

The Buyer is not entitled to terminate the contract in cases specified in Article 86 of the Consumer Protection Act, particularly if:

  • The service contract has been fully performed by the merchant, and the performance commenced with the explicit prior consent of the consumer and their acknowledgment that they would lose the right to unilaterally terminate the contract if the service was fully performed;
  • The subject of the contract is goods or services whose price depends on fluctuations in the financial market beyond the merchant’s control, which may occur during the consumer's right to terminate the contract;
  • The subject of the contract is goods made to the consumer’s specifications or clearly customized for the consumer;
  • The subject of the contract is perishable goods or goods with a short shelf life;
  • The subject of the contract is sealed goods that, for health or hygiene reasons, are not suitable for return if unsealed after delivery;
  • The subject of the contract is goods which, due to their nature, have been inseparably mixed with other items after delivery;
  • The subject of the contract is the delivery of alcoholic beverages whose price was agreed upon at the time of contract conclusion, but delivery can only take place after 30 days if the price depends on market fluctuations beyond the merchant's control;
  • More than half of the product has been consumed during the determination of the product's defectiveness.

CUSTOMER COMPLAINTS

If the Buyer has any complaints regarding purchased products, they have the right to submit a written complaint to the Merchant, in accordance with Article 10 of the Consumer Protection Act. Complaints can be sent via email to [email protected] or by mail to: Bonita, Obrt za proizvodnju, Suđurađ 20, 20223 Šipanska Luka, Croatia.

Please include your full name, address, contact details, and a description of the complaint.

We will respond to your complaint in writing within 15 days of receipt.

Bonita accepts all forms of product-related complaints for items that arrived defective, in accordance with Article 403 of the Consumer Protection Act:

Inspection of Goods and Visible Defects

Article 403

(1) The Buyer is obliged to inspect the received goods in a customary manner or have them inspected as soon as possible according to the normal course of events and to notify the Seller of any visible defects within eight (8) days. In commercial contracts, such notification must be made without delay, otherwise, the Buyer loses their rights based on such defects.

(2) If the inspection was conducted in the presence of both parties, the Buyer must immediately notify the Seller of any visible defects, otherwise, they forfeit their rights based on those defects.

(3) If the Buyer has forwarded the goods without reloading, and the Seller was aware or should have been aware of the possibility of such further shipment at the time of contract conclusion, the inspection of the goods may be postponed until they reach their new destination. In this case, the Buyer must notify the Seller of any defects as soon as they could reasonably learn of them from their clients.

(4) In consumer contracts, the consumer as the Buyer is not required to inspect the goods or have them inspected. However, they must notify the Seller of any visible defects within two (2) months from the day they discovered the defect.

DISPUTES

The Merchant and the Buyer will endeavor to resolve any disputes amicably and through mutual agreement. If this is not possible, the court in Dubrovnik shall have jurisdiction. In the event of a dispute between the Buyer and the Merchant, a complaint may be submitted to the Court of Honor of the Croatian Chamber of Commerce, the Court of Honor of the Croatian Chamber of Trades and Crafts, or a proposal for mediation may be submitted to mediation centers. According to a special regulation of the European Union, since February 15, 2016, disputes related to online purchases within the EU can be resolved via the ODR platform. This means that if you encounter a problem during an online purchase within the EU (e.g., defective product, inability to exchange, etc.), you can submit your complaint quickly and easily through this platform. The platform is available to both consumers and merchants, and complaints can be submitted in any of the 23 official EU languages. 

EU. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

COPYRIGHT

All copyright rights are fully reserved. The entire content and formats on the website www.greencaptain.hr/en/ are the property of Bonita, Obrt za proizvodnju.

All content found on our website, unless used for personal purposes, may not be used or transferred to third parties without our permission. Copyrights in any downloaded material are not transferred to you in the event of any downloading or copying. It is not permitted to reproduce, publish, distribute, display, modify, create derivative works, sell or participate in the sale, or export any part of the content or pages, in whole or in part, under any circumstances.

DELIVERY DURING THE CHRISTMAS/NEW YEAR HOLIDAYS

We generally do not recommend placing orders between Christmas and New Year's Eve, as there is a very low probability that shipments will be delivered before the New Year. Orders placed just before Christmas Eve (December 24th) are also at risk of not being delivered before the New Year. The recommended ordering deadline during this period is no later than December 17th, depending on how holidays and non-working days fall in a given year.

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