Ekspertos Terms and Conditions

Updated 01 February, 2025

1. General Provisions, Scope, and Applicability

1.1. These Terms and Conditions (“Terms”) apply to all contracts regarding the provision of goods and services, including contractual obligations arising from negotiations, contract formation, or other commercial relationships with individuals, legal entities, public law institutions, or special public funds (hereinafter referred to as “the Customer“). They also cover future business transactions unless explicitly altered in writing.

1.2. These Terms take precedence over any conflicting or supplementary conditions from the Customer unless explicitly accepted by us in writing. Even if we do not object to the Customer’s terms in each instance, they remain inapplicable unless formally agreed.

1.3. Any contractual amendments or supplementary agreements must be confirmed in writing to be legally binding. Verbal agreements or modifications are not enforceable without such confirmation.

1.4. Should any changes to these Terms become necessary due to legal, regulatory, or business reasons, the Customer will be informed in writing. If the Customer does not object within 30 days of receiving such notification, the amendments will be deemed accepted. Continued use of the service or continued business after the change will be interpreted as acceptance.

1.5. “Goods” as referenced herein includes all items owed contractually to the Customer, including software or digital content provided via electronic means, unless stated otherwise in these Terms.

2. Offers, Documentation, and Contractual Formation

2.1. Our offers are non-binding and serve as invitations to treat unless explicitly stated as binding. They may be revoked or modified at any time before the Customer submits a binding acceptance. The Customer’s offer is deemed accepted once we confirm the order in writing (e.g., through an order confirmation, invoice, or delivery note), or once the delivery of goods or services commences.

2.2. We retain all ownership and intellectual property rights to the documents, drawings, calculations, and any other materials provided in connection with the offer. These materials are for the Customer’s use only in the scope of the specific contract and must not be disclosed to third parties without prior written consent. They must be returned upon termination of the agreement or as soon as their purpose has been fulfilled.

2.3. The Customer is responsible for verifying the accuracy and completeness of our offers, particularly in cases involving specific assumptions about the project or service. Any discrepancies must be reported before the contract is finalized. If assumptions are found inaccurate after the contract has been concluded, we reserve the right to adjust the terms of the agreement accordingly.

2.4. We are entitled to subcontract portions of the work or services to third parties. This does not affect our responsibility for the performance and quality of the contract as a whole.

2.5. Cost estimates prepared at the Customer’s request may incur charges, which must be reimbursed according to the time and resources spent on preparing them. These charges apply even if the contract is not concluded.

3. Delivery, Risk Transfer, and Acceptance

3.1. All deliveries are made ex-works (EXW) according to Incoterms® 2020. Risk of loss or damage to the goods transfers to the Customer as soon as the goods are handed over to the carrier, even if we arrange the shipping or the shipping is free of charge. This risk transfer applies regardless of whether we manage the shipment.

3.2. Shipping and Delivery of Products: The approximate delivery time for products available in stock is three to five (3-5) working days, during the working hours of the Seller (from 9 AM to 5 PM) or the courier service used for delivery. The delivery period commences upon the Seller receiving payment into their bank account or upon approval of credit card authorization.

3.3. In the event that the Seller is unable to deliver the purchased product within the specified period, the Seller will promptly inform the Buyer to agree on a new delivery date. In this case, the Buyer has the right to terminate the agreement if they do not accept the new delivery schedule.

3.4. For small packages, the Seller charges a flat rate of €10.00 (excluding VAT) per package for orders up to 10 kg, while a flat rate of €20.00 (excluding VAT) per package for orders between 10 kg to 20 kg. For large packages or pallets over 20 kg, delivery is calculated on the size and weight of the goods according to the delivery address.

3.5. Delivery is carried out by the Seller through its employees or by engaging a reputable delivery service (such as Croatia Post, Overseas, GLS, DPD, etc.). All products will be properly stacked and packed to prevent damage during normal handling and transport.

3.6. Upon receiving the delivered products, the Customer is obligated to inspect the shipment as follows:

      • Check for any visible external damage on the shipment or on the products themselves. If any damage is evident, it must be reported immediately to the delivery personnel, and the Customer should refuse acceptance of damaged products.
      • The Customer must open the shipment in the presence of the delivery personnel and verify that the delivered products match those listed on the invoice. Any discrepancies or unrequested products must be reported immediately, as the Seller will not accept subsequent complaints.

3.7. The responsibility for verifying the correctness of the order upon receipt lies with the Customer. By signing the receipt confirmation for the shipment, the Customer agrees that no objections will be raised concerning the delivered products. If any issues are found during the inspection as described above, the Customer must report these to the delivery personnel immediately, as the Seller will not entertain subsequent claims.

3.8. With the delivered products, the Customer will receive all accompanying documentation (e.g., warranty certificate, product information, user instructions, technical specifications, declaration of conformity, etc.), along with an invoice and confirmation of receipt. The Customer is required to sign the receipt unless there are reasons for a complaint. By signing, it is confirmed that the Customer has inspected the shipment and acknowledged that the products were received without damage and match the quantity and quality specified in the invoice.

3.9. Should the Buyer refuse to accept the ordered and paid products without a valid reason, the Seller reserves the right to seek compensation from the Buyer for any handling and transport costs incurred.

3.10. Delivery will be made to the entrance of the residential building. For residential buildings, the delivery personnel are not required to carry the goods up to the Customer’s floor, but only to the entrance of the building.

3.11. Partial deliveries are permissible provided they are reasonable for the Customer. Invoices will be issued for each partial delivery, and payments for each partial delivery will be due in accordance with the agreed payment terms.

3.12. Upon receiving the goods, the Customer must inspect them immediately for any visible defects or discrepancies. Any defects must be reported in writing within seven (7) days of receipt. Failure to do so will result in the goods being deemed accepted. Hidden defects that could not be detected during initial inspection must be reported immediately upon discovery but no later than twelve (12) months after receipt.

3.13. If the Customer fails to accept the goods or services within the agreed timeframe or refuses acceptance without valid reason, we are entitled to demand compensation for additional costs incurred, such as storage fees and handling charges. We may also withdraw from the contract and claim damages for non-performance.

3.14. Transport insurance will only be provided at the Customer’s expense and must be explicitly requested prior to shipment. Otherwise, insurance arrangements are the responsibility of the Customer.

4. Prices, Payment, and Terms of Payment

4.1. All prices quoted are net prices in euros (EUR) and are ex-works unless otherwise specified. Prices do not include VAT, customs duties, packaging, insurance, shipping, or other additional costs, which will be added to the invoice as applicable.

4.2. Prices of Products and Services: We strive to provide accurate information regarding prices, images, descriptions, and product availability. However, due to technological limitations, we cannot guarantee complete accuracy in these areas.

4.3. Prices displayed on our websites, advertisements, and catalogues are expressed in euros (EUR) and exclude VAT. Product prices do not include shipping costs. Prices, payment terms, and promotional offers may change without prior notice.

4.4. The price is determined for each individual product. The process of entering the price on the website for each product is subject to multi-level control; however, there is a possibility of errors due to human factors. Such situations are rare, and Ekspertos apologizes in advance for any inaccuracies. In the event of a pricing error, Ekspertos will inform customers about the incorrect price and the inability to fulfil the order at that price.

4.5. We issue invoices in compliance with the Croatian VAT Act and applicable tax laws. The Customer is responsible for paying any applicable sales taxes (such as VAT, GST) and withholding taxes unless exempt by law. In cases of cross-border transactions, the Customer is responsible for complying with local tax regulations, including any reverse-charge mechanisms applicable under Council Directive 2006/112/EC.

4.6. Payment is due immediately upon receipt of the invoice unless otherwise specified in writing. Late payments will incur statutory interest and may result in additional administrative or legal fees.

4.7. Products ordered in the Ekspertos Webshop, along with any applicable delivery costs, must be paid by the Customer using one of the following payment methods:

      • Apple Pay
      • Google Pay
      • Diners
      • Mastercard
      • Visa
      • Maestro
      • Direct Debit/Direct Bank Transfer
      • EPS (for customers located in Austria)
      • Bancontact (for customers located in Belgium)
      • iDeal (for customers located in the Netherlands)
      • Przelewy24 (for customers located in Poland)
      • Payment by cheque and cash on delivery is not possible.

4.8. Goods will only be dispatched once payment has been confirmed as received in our bank account. Payments made by the Customer will be applied to the oldest outstanding invoice, regardless of any instructions to the contrary.

4.9. If we become aware of circumstances that suggest the Customer may be unable to fulfil their payment obligations (e.g., creditworthiness concerns, insolvency), we may require advance payment or security deposits for future deliveries or services.

4.10. If the contract involves long-term obligations (e.g., maintenance contracts), we reserve the right to adjust prices in line with changes in market conditions, increased supplier costs, or changes in statutory duties (e.g., VAT). Price adjustments will be communicated to the Customer at least four (4) weeks in advance and will apply to subsequent invoicing periods.

5. Usage Rights for Software and Intellectual Property

5.1. The Customer will receive usage rights to software or digital content only upon full payment of the invoice. Any usage rights granted before full payment may be revoked at our discretion if payment is not made as agreed.

5.2. The Customer agrees to comply with the manufacturer’s software usage terms, which will be provided upon request. These terms take precedence over any conflicting provisions in the contract.

5.3. Unless otherwise agreed, the Customer is granted a non-exclusive, non-transferable right to use the software for an indefinite period, limited to a single workstation or device. Multi-user or network licenses must be specifically arranged and agreed in writing.

5.4. The Customer is prohibited from sublicensing, leasing, distributing, modifying, reverse-engineering, or creating derivative works based on the software unless explicitly permitted by law or agreed in writing. All copyright notices, registration codes, and other intellectual property markings must remain intact.

5.5. If the Customer breaches any software usage restrictions, we reserve the right to terminate the usage rights, claim damages, and demand the immediate cessation of the software’s use.

6. Warranties and Quality of Goods or Services

6.1. Our goods and services are provided exclusively for the Customer’s use. If the Customer intends to resell the goods, this must be disclosed in advance, and we may require additional agreements or conditions.

6.2. Warranty Statement and Service Conditions: For all products for which the Seller provides a warranty, the warranty conditions specified in the warranty card apply. The Customer is obliged to retain both the invoice and the warranty card for the entire duration of the warranty period. The Seller guarantees that the product, when used in accordance with the attached instructions and warranty card, will function properly within the warranty period.

6.3. In the case of failure or other material defects, the Seller undertakes to repair or replace the product within a reasonable time frame, in accordance with the applicable Obligations Act. The Seller will cover all reasonable costs associated with the repair or replacement of the product, provided that the warranty conditions have been met.

6.4. Technical specifications, data sheets, and other product characteristics provided by us or the manufacturer form part of the contract and define the agreed quality. Any public claims or advertising statements regarding product quality that are not explicitly included in the contract will not be considered warranties.

6.5. We reserve the right to make technical improvements or modifications to goods before delivery, provided such changes do not materially affect the quality or performance of the product.

6.6. Any warranties provided by third-party manufacturers are passed on to the Customer, and their scope is determined by the terms of the manufacturer’s warranty. We do not assume any additional obligations beyond facilitating the transfer of these warranties.

6.7. Custom-made or modified goods are provided based on the specifications agreed upon with the Customer. We are not responsible for defects arising from these specifications unless we have explicitly agreed to verify them.

6.8. In cases where software or hardware installation is required, the Customer must ensure that all necessary technical requirements (e.g., network connections, hardware environment) are met prior to installation. The Customer is also responsible for backing up data before installation to prevent loss of information.

7. Limitation of Liability

7.1. We are not liable for ordinary negligence except in cases involving injury to life, body, or health, or breaches of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfilment is necessary for the proper execution of the contract, and upon which the Customer regularly relies.

7.2. In cases of ordinary negligence, our liability is limited to foreseeable damages typical of the contract. For claims involving data loss, our liability is limited to the cost of recovering data that the Customer has properly and regularly backed up.

7.3. Liability for defects in used goods is excluded, except in cases of fraudulent concealment or guarantees explicitly provided by us in writing.

7.4. In cases of force majeure or other extraordinary events beyond our control (e.g., natural disasters, wars, pandemics), we are not liable for any delay or failure to fulfil contractual obligations. We are entitled to extend delivery or performance periods accordingly or, if the event renders performance impossible, to withdraw from the contract without liability.

7.5. The Customer indemnifies us against all third-party claims arising from improper use of our goods and services, including violations of intellectual property rights, data protection laws, or contractual obligations.

8. Retention of Title

8.1. We retain ownership of all goods delivered until full payment of all receivables from the Customer has been made. This applies even if individual goods have been paid for, but other outstanding balances remain.

8.2. The Customer is obligated to treat goods subject to retention of title with care and to insure them at replacement value against risks such as fire, water damage, and theft. Maintenance and necessary inspections must be carried out at the Customer’s expense.

8.3. The Customer is entitled to process or resell goods in the ordinary course of business, but any receivables arising from such resale will be assigned to us as security until full payment has been made. The Customer is obligated to inform its buyers of this assignment.

8.4. In the event that the Customer defaults on payment, we are entitled to demand the return of the goods subject to retention of title. This does not constitute withdrawal from the contract unless explicitly stated.

9. Data Protection

9.1. We process personal data in compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. Data processing is carried out solely for the purposes of fulfilling contractual obligations and for other legitimate business interests.

9.2. The Customer agrees to comply with applicable data protection laws, particularly when processing or providing personal data in connection with the contract. The Customer is responsible for ensuring that adequate security measures are in place to protect any personal data shared with us.

9.3. In cases where we process personal data on behalf of the Customer (e.g., as part of a software service), a separate data processing agreement will be concluded, outlining the scope, duration, and purpose of the data processing in accordance with Article 28 GDPR.

10. Governing Law, Jurisdiction, and Dispute Resolution

10.1. Customers are encouraged to contact us directly for any complaints or disputes regarding our goods or services. We strive to resolve all issues amicably and efficiently.

10.2. Notice on How to Submit a Written Consumer Complaint: All complaints in accordance with Article 10 of the Croatian Consumer Protection Act (Official Gazette 41/2014) can be submitted by the Customer via post or e-mail.

By Mail: Complaints can be sent to the following address: Jezgra Neo j.d.o.o., Velimira Škorpika 7a, 22000 Šibenik, Croatia

By E-mail: Complaints can be sent to the following email address: [email protected]

10.3. In order for the Seller, in accordance with Article 10, Paragraph 5 of the Croatian Consumer Protection Act, to confirm the receipt of a written complaint and respond appropriately, the Customer should provide accurate information for receiving communications.

10.4. In accordance with the Consumer Protection Act, the Seller will respond to the Customer’s complaint in writing no later than 15 days after receiving the complaint. If the response is not provided within this period, the Customer has the right to contact the State Inspectorate or the Consumer Protection Association for further assistance.

10.5. The Customer is encouraged to provide detailed information regarding the nature of the complaint, including any relevant order numbers, product information, and descriptions of the issue. This will help facilitate a prompt resolution.

10.6. Governing Law: These Terms, along with any disputes or complaints arising from them, are governed by the laws of the Republic of Croatia, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.7. We are committed to maintaining high standards of customer satisfaction and are always open to feedback. The Seller will work diligently to address and resolve any complaints in a timely manner.

11. Pre-Contractual Notices

11.1. Pursuant to Article 57 of the Law on Consumer Protection, we must inform the Buyer in a clear and comprehensible manner about the following prior to entering into a contract:

      • The main features of the goods or services, to the extent appropriate considering the goods or services and the medium used to transmit the information.
      • Our name, headquarters, telephone number, and if applicable, our email address, as well as the name and headquarters of any trader on whose behalf or account we are acting.
      • The geographical address of our business location, as well as the location where complaints can be directed if different from our headquarters.
      • The total retail price of the goods or services, including taxes, or if the total price cannot be calculated in advance, a detailed explanation of how the price is determined. This includes any additional costs for transportation, delivery, or postal services, which may be charged separately if not calculated in advance.
      • If the contract is concluded using remote communication, details regarding any additional costs associated with the use of these means if they exceed standard rates.
      • The terms of payment, delivery conditions, and the expected time for delivery of goods or performance of services, as well as the procedure for handling consumer complaints.
      • Information about the Customer’s right to unilaterally terminate the contract in accordance with Article 72 of the Law on Consumer Protection, including the procedure and the form for exercising this right, as well as information on any associated costs for returning the goods.
      • Conditions under which the Customer may lose the right to unilaterally terminate the contract, as outlined in Article 79 of the Law on Consumer Protection, or if the right to unilateral termination does not apply in certain cases.
      • Any material defects liability, post-sale services, or assistance offered to the Customer, along with the conditions for using such services or guarantees provided with the goods or services.
      • Details regarding the trader’s code of conduct, if applicable, and any rules of conduct relevant to the sale of the goods or services as defined in Article 5, Clause 18 of the Law on Consumer Protection.
      • The duration of the contract, or the terms for cancelling or terminating a contract of indefinite duration, including any conditions related to automatic renewal.
      • The requirement for any deposit or financial security to be provided by the Customer, including the terms of payment or acquisition of such security, if applicable.
      • Information on the functionality of digital content, technical protection measures, and interoperability with known hardware and software systems, if applicable.
      • Mechanisms for out-of-court dispute resolution or compensation systems, and the procedures for the Customer to utilize such systems.

11.2. All the aforementioned notices required by the Law on Consumer Protection are included and can be found within these Terms and Conditions.

12. Ekspertos Webshop Usage and Registration

12.1. By using the “Ekspertos Webshop,” the user acknowledges that they have read, understood, and accepted these Terms and Conditions. The Seller disclaims all responsibility for any issues or disputes arising from the user’s failure to read these Terms and Conditions.

12.2. Registration Requirements: Only adults (18+) with full legal capacity can register and place orders via the “Ekspertos Webshop.” Minors and persons lacking full legal capacity may only enter into contracts via their legal representatives or guardians. The Seller assumes no responsibility for transactions made in violation of this provision.

12.3. Users are obligated to provide accurate, valid, and complete personal information when registering. Providing false information will entitle the Seller to deny access to the Webshop and its services. Registration is a prerequisite for placing an order.

12.4. Product Availability: Due to high order volumes, stock levels displayed on the “Ekspertos Webshop” may not always reflect real-time availability. In such cases, the Seller will inform the Customer of any delays or unavailability and offer a suitable replacement or a refund for the undeliverable product.

12.5. Once a Customer registers, they can receive information regarding new products, special offers, and other relevant communications if they opt-in for newsletters.

13. Ordering Products on Ekspertos Webshop

13.1. Products available for purchase on the “Ekspertos Webshop” are ordered via the shopping cart feature, and all orders are irrevocable once submitted. The Seller is committed to fulfilling all orders to the best of its ability and within the agreed delivery times.

13.2. In the event a product becomes unavailable or cannot be sourced from the supplier, the Seller will notify the Customer via email or phone and offer either an alternative product or the cancellation of that item from the order. All other ordered products will be delivered as scheduled.

13.3. The Customer may access further details about the ordering process and instructions for online shopping via the “FAQ” link provided at the top of each page.

14. Changes to Terms and Conditions

14.1. The Seller reserves the right to modify, without prior notice, the content of these Terms and Conditions, the range of products, their prices, and any other information related to the Ekspertos Webshop, including all other content of the Ekspertos Webshop.

14.2. Users of the Ekspertos Webshop are obligated to review the content of the website each time they visit. The Seller shall not be held responsible for any consequences arising from the User’s failure to review the updated content.

14.3. Any changes made to the Terms and Conditions will be effective immediately upon posting on the website. Continued use of the Ekspertos Webshop after any modifications constitutes acceptance of the revised Terms and Conditions.

15. Intellectual Property

15.1. The Seller grants Customers the right to use all services on the Ekspertos Webshop solely for personal, non-commercial purposes. Any modification of the content on the Ekspertos Webshop, in any form, is strictly prohibited. This includes, but is not limited to, copying, public performance, or similar actions.

15.2. The use of any content from the Ekspertos Webshop on other websites is expressly prohibited without prior written consent from the Seller.

15.3. The Seller reserves the right to grant the rights to publish any materials or parts of the Ekspertos Webshop to third parties only through a formal agreement that outlines the rights and obligations of both the Seller and the third party.

15.4. When purchasing any product subject to copyright or intellectual property rights, the Seller does not grant any additional rights for use or publication beyond those expressly provided or permitted by the manufacturer/distributor of the product.

15.5. All images and content on the Ekspertos Webshop are owned and regulated by the appropriate copyright holders of the brands or manufacturers, and any unauthorized use may result in legal action.

16. Other Websites

16.1. When the Ekspertos Webshop provides links to other websites operated by third parties, the Seller does not own or control these websites. Consequently, these Terms and Conditions do not apply to the use of such external websites by the Customer.

16.2. The Seller does not assume any responsibility for the content of these external websites or for any damages or losses incurred as a result of visiting or using them.

16.3. Visiting these external websites is entirely at the Customer’s own risk, and the Seller shall not be liable for any issues arising from such visits or the content accessed through those links.

17. Miscellaneous Provisions

17.1. Product Specifications: The technical specifications of individual products listed on the Ekspertos Webshop are provided by the manufacturers. The Seller is not responsible for any errors in the product descriptions. Should the Customer require an exact description or detailed characteristics of a product, they may request this information by contacting the Seller at: [email protected].

17.2. Liability Disclaimer for Device Damage: The Seller is not liable for any damage that may occur to devices used to access the Ekspertos Webshop, including any loss of data stored on such devices. This includes, but is not limited to, damages caused by illegal actions of third parties, computer viruses, or other factors outside the Seller’s control.

17.3. Liability for External Circumstances: The Seller is also released from any responsibility in the event that external circumstances, such as system failures, network issues, or force majeure, prevent access to or the use of the Ekspertos Webshop.

18. Right to Unilaterally Terminate a Contract Concluded at a Distance

18.1. Pursuant to the Law on Consumer Protection:

      1. The Customer has the right, within fourteen (14) calendar days from the day of delivery of the remotely purchased product, to unilaterally terminate the contract without providing any reason.
      2. The deadline is exclusive and begins from the day the product, which is the subject of the contract, is handed over to the Customer, or a third party nominated by the Customer who is not the carrier.
      3. To exercise the right to unilaterally terminate the contract, the Customer must notify the Seller of their decision before the expiration of the term, using an unequivocal statement sent by post or e-mail. The Customer should include their invoice number, name, surname, address, phone number, and e-mail address. A copy of the form for unilateral termination, which was provided in the sales area or via e-mail, may also be used, or the form can be downloaded from a link on the Seller’s website.
      4. In case of contract termination, both parties are obliged to return to each other what was received under the contract.
      5. The Customer must bear the cost of returning the goods if they exercise their right to unilaterally terminate the contract in accordance with Article 72 of the Consumer Protection Act. If, due to the nature of the goods, they cannot be returned by mail in the usual manner, the costs of returning the goods will also be borne by the Customer. The goods must be returned within fourteen (14) days from when the Customer informs the Seller of the termination, according to Article 74 of the Consumer Protection Act. The Customer is considered to have fulfilled their obligation if the goods are sent or handed over before the deadline. The Customer is responsible for any reduction in the value of the goods resulting from their handling, including damage or loss of packaging, except for what was necessary to establish the nature, characteristics, and functionality of the goods.
      6. The Seller must refund the amounts paid by the Customer without delay and no later than fourteen (14) days after receiving the Customer’s notice of contract termination, in accordance with Article 74 of the Consumer Protection Act. The Seller is not obliged to refund any additional costs resulting from the Customer’s choice of a delivery method that is more expensive than the standard offered by the Seller. The Seller must refund the amount only after receiving the goods or receiving proof that the goods were sent back. Refunds will be processed using the same payment method unless the Customer expressly agrees to another method, without any additional costs for the Customer.
      7. The Customer does not have the right to unilaterally terminate the contract in the following cases:
          • If the contract for service provision was fully performed by the Seller with the Customer’s explicit prior consent, and the Customer confirmed their awareness that they would lose the right to unilaterally terminate the contract upon full performance.
          • If the contract concerns goods or services whose price is subject to changes in the financial market, which are beyond the Seller’s control and may occur during the contract termination period.
          • If the contract concerns goods that were customized according to the Buyer’s specifications or clearly tailored to their personal needs.
          • If the Customer specifically requested the Seller to visit for urgent repairs or maintenance work. If, during such a visit, the Seller provides additional services or goods beyond those necessary for the emergency repairs or maintenance, the Customer may terminate the contract only for the additional services or goods.
          • If the contract involves the delivery of sealed audio or video recordings, or computer programs that were unsealed after delivery.
          • If the contract involves the delivery of electronic licenses, subscription licenses, or digital content not delivered on a physical medium, and fulfilment began with the Customer’s express prior consent and acknowledgment that they would lose the right to unilaterally terminate the contract.
      1. If the product is returned defective, with major damages, or missing parts and documentation, and if the Customer does not rectify these issues within eight (8) days, the Seller is not obliged to refund the Customer.
      2. A copy of the form for unilateral termination of the contract, available on the Seller’s website, can be filled out electronically and sent by the Customer.
      3. The Seller will confirm receipt of the notice of unilateral contract termination by e-mail without delay.

19. Liability for Material Defects

19.1. The Seller is responsible for material defects of the product in accordance with the Croatian Obligations Act (Articles 400-422). The Seller is liable for any material defects present at the time the risk is transferred to the Customer, regardless of whether the Seller was aware of the defect.

19.2. The Seller is also liable for any material defects that appear after the transfer of risk to the Customer if those defects arise from a cause that existed prior to the transfer of risk. It is presumed that a defect that appears within six (6) months of the transfer of risk existed at the time of transfer, unless the Seller can prove otherwise or the nature of the defect or product indicates otherwise.

19.3. Material Deficiencies: The Seller is not responsible for minor material defects. A product is considered to have a material deficiency in the following situations:

      • If the product does not have the necessary properties for its regular use or for traffic.
      • If the product does not have the necessary properties for the specific use for which the Customer acquired it, and which was known to the Seller or should have been known to him.
      • If the product does not have the properties and characteristics that were explicitly or tacitly agreed upon or prescribed.
      • If the Seller delivers a product that is not equal to the sample or model shown, unless the sample or model was provided solely for information purposes.
      • If the product does not have the properties that normally exist in other products of the same type and that the Customer could reasonably expect, particularly considering public statements by the Seller, manufacturer, or their representatives about the properties of the product (e.g., advertisements, labelling).
      • If the product is improperly assembled, provided that assembly was included in the sales contract.
      • If improper assembly is due to deficiencies in the assembly instructions.

19.4. If the Customer, based on statements by the manufacturer or its representative, expected certain properties in the product, the defect will not be considered material if:

      • The Seller did not know or could not have known about the statements.
      • These statements were refuted by the time of the contract’s conclusion.
      • The statements did not influence the Customer’s decision to conclude the contract.

19.5. The Seller is not responsible for defects that were known to the Customer at the time of the contract’s conclusion, or that could not have remained unknown to the Customer. Additionally, the Seller is responsible for any defects that the Customer could have easily noticed if the Seller stated that the product had no defects or that the product had certain characteristics.

20. Dispute Resolution

20.1. In accordance with a special regulation of the European Union, disputes related to online purchases can be resolved through the Online Dispute Resolution (ODR) platform. The platform has been in operation since February 15, 2016, and can be used by both consumers and merchants. Complaints can be submitted in any of the 26 official languages of the EU.

20.2. If you encounter a problem during an online purchase within the EU (e.g., a defective product, inability to exchange a product), you may submit your complaint via the ODR platform at the following link:

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

20.3. This ODR platform offers an easy, streamlined method for resolving disputes related to online purchases in an impartial and effective manner, and we encourage our customers to use it in case of any unresolved disputes.

21. Export Controls and Limitations of Sale

21.1. USA Export Controls and Sanctions: Certain products offered on the Ekspertos Webshop may be subject to United States export control laws and regulations, including limitations on sale to individuals and/or legal entities in countries under sanctions.

21.2. As a result, the Seller may be required to collect and provide customer information to ensure compliance with U.S. export control laws. By purchasing such products, the Buyer agrees to provide the necessary information requested by the Seller to fulfil these legal obligations.

21.3. The sale of these products may be restricted based on the customer’s location, nationality, or other criteria as mandated by applicable sanctions or export control laws. The Seller reserves the right to refuse the sale of such products if it conflicts with these legal requirements.

22. Final Provisions

22.1. Related Policies: These Terms and Conditions should be read in conjunction with the Ekspertos Privacy Terms and the Ekspertos Cookie Policy. Together, these documents provide a comprehensive overview of your rights and obligations when using the Ekspertos Webshop and outline how we handle your personal data and cookies.

22.2. Any other agreements, unless specified in writing, are not considered part of these Terms and Conditions. Should any provision of these Terms and Conditions be found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.