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Terms of service
General terms and conditions
The Consumer Protection Act (Official Gazette NN 41/2014) applies to these business terms, Chapter III – Conclusion of Contracts Outside Business Premises and Distance Contracts, Articles 57 to 79.
General Terms
Seller
The Seller is OPG Castania, Vinogradska ulica 2, 44250 Petrinja, operating through the website www.castania.hr.
Customer
A Customer is a visitor of the webshop who selects at least one product, adds it to the shopping cart, submits an order to the Seller, and pays via e-banking, bank transfer/payment slip (at a bank, post office, or FINA), or submits an order and pays for the product by cash on delivery.
The Customer may only be an adult (18+) and legally competent person. If the Seller has justified suspicion that the Customer is not of legal age, the Seller reserves the right to cancel the order and delivery of the product. The Seller bears no responsibility for actions not in accordance with this provision.
Copyright
Our website is protected by copyright law. This protection applies to all copies, adaptations, translations, storage, and processing by other means, including electronic storage or processing. Any use of part or all of the website requires prior written consent from OPG Castania.
The content and structure of the website are protected by copyright. Any reproduction of information or data, especially the use of texts, parts of texts, or images, requires prior written consent from OPG Castania. Illustrations are protected by copyright. The rights of distribution and reproduction belong to OPG Castania. These rights also fully apply when images are automatically or manually added to an archive.
Trademarks
The Castania logo is a registered trademark of OPG Castania. Unauthorized use or misuse of this trademark is strictly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights, or regulations on unfair competition.
Images and Descriptions
Images and descriptions of certain products are obtained from manufacturers/suppliers or taken from the Internet and may not necessarily be identical to the actual products. Webshop staff of caastania.hr strive to describe product characteristics as accurately as possible. We reserve the right to errors in product descriptions and images.
Prices, payment terms, and promotional offers are valid exclusively at the time of ordering and/or payment and may change without prior notice.
Prices are stated without VAT, as OPG Castania is not a VAT payer. The currency is the euro (EUR). The Seller undertakes to maintain the website in accordance with good business practice and the standards of a prudent business operator and is not responsible for the quality of the internet connection used by the Customer to access the Seller’s website. Displayed regular and promotional prices apply both to online purchases and in-store purchases.
Ordering
Products are ordered via the shopping cart and orders are irrevocable. Information confirming the purchase based on an electronic order will be sent to the Customer’s email address provided during registration/order or entered in the shopping cart during checkout.
If the Customer does not receive an order confirmation, it is possible that the email address was entered incorrectly. In such a case, the Customer is asked to contact us at info@castania.hr.
If the Seller is unable to deliver a product because it is out of stock or can no longer be ordered from the supplier, the Seller will notify the Customer as soon as possible. The Customer may then cancel the order, modify it, or accept a new delivery deadline. If the Customer chooses to cancel an order that has already been paid for, the Seller will refund the payment as soon as possible, and no later than 5 days from the occurrence of the delay.
If the Customer refuses to accept correctly delivered and undamaged goods they ordered, the Seller has the right to request compensation for all handling costs related to delivery.
Payment
The Customer may pay for ordered products and services in one of the following ways:
– cash on delivery
– payment at a post office, bank, FINA, or via internet banking
– cash upon personal pickup
Unilateral Termination of a Distance Contract
The Customer may cancel the contract without stating a reason within fourteen (14) days. The cancellation period begins on the day the Customer receives the product.
The Customer must notify the Seller of the cancellation in writing, which can be done by submitting the standard withdrawal form prescribed by the Regulation on the consumer’s right to unilateral termination of distance and off-premises contracts. The contract is considered cancelled when the Seller receives written notification by mail, fax, or email.
In the event of cancellation, the Customer must return the product to the Seller at their own expense within 14 days from the cancellation date and choose an appropriate shipping method to prevent damage or loss. Original shipping costs and return shipping costs will not be refunded.
Returned products must be complete, in original and undamaged packaging, with all accessories and documentation. The Customer is responsible for any reduction in the value of the goods resulting from handling, except what was necessary to establish the nature, characteristics, and functionality of the goods.
Sealed goods that are not suitable for return due to safety, health, or hygiene reasons (mouthpieces, atomizers, coils, aromas, e-liquids, etc.) cannot be returned if unsealed and/or used after delivery. If these conditions are not met, contract cancellation will not be accepted.
The Customer’s right to cancel the contract is exercised in accordance with the Consumer Protection Act, Section IV, Article 72, which states that:
– any distance contract may be cancelled within 14 days without stating a reason,
– for sales contracts, the period begins on the day the goods are delivered into possession of the consumer or a third party designated by the consumer (not the carrier),
– if multiple goods are ordered and delivered separately, or in multiple shipments, the period begins when the last item or shipment is delivered.
The Seller undertakes to refund the full purchase price within fourteen (14) business days of receiving written notice of contract termination.
Reduction in Product Value
In accordance with Article 77, paragraph 5 of the Consumer Protection Act, the Customer is responsible for any reduction in the value of the purchased product resulting from handling, except what was necessary to determine the nature, characteristics, and functionality of the goods.
The Seller will assess the reduction in value for each returned product individually based on damage to packaging or the product not caused by functionality testing and will inform the Customer after receiving the returned product, or upon the Customer’s request, make an assessment prior to receipt based on video or photo documentation provided by the Customer.
Exclusion of the Right to Contract Cancellation
The Customer does not have the right to cancel the contract under Article 79 of the Consumer Protection Act if the contract concerns:
– goods or services whose price depends on financial market fluctuations beyond the Seller’s control,
– goods made to the Customer’s specifications or clearly personalized,
– goods that cannot be returned due to their nature or are subject to rapid deterioration,
– goods that are inseparably mixed with other items after delivery,
– unsealed audio/video recordings or computer software,
– sealed goods unsuitable for return due to health or hygiene reasons if unsealed after delivery,
– books and other publications.
Dispute Resolution
In accordance with Article 10, paragraph 3 of the Consumer Protection Act (NN 41/14), the Customer may submit complaints regarding purchased products or services in writing by mail, fax, or email. The Seller will respond to the complaint in writing within 15 days of receipt.
In the event of unresolved complaints, consumers may contact the Court of Honour of the Croatian Chamber of Economy, the Court of Honour of the Croatian Chamber of Trades and Crafts, or submit a proposal for mediation to a mediation center.
The Seller and Customer will attempt to resolve any disputes amicably; otherwise, the competent court in Sisak shall have jurisdiction.