Terms of use and purchase

The terms of use and purchase determine the procedure for access, ordering, payment, delivery and complaint of products and services offered at the Milatić wine online store at the primary internet address https://milatic.com/The mentioned website is owned by OPG Milatić, TRG HRVATSKOG NARODNOG PREPORODA 12, 21465 JELSA, OIB: 18885306408.

All materials on the online store are the intellectual property of the OPG Milatić, and may only be used with the express permission of the copyright holder. OPG Milatić enables the use of services and content of the online store as regulated by these Terms of Use and Purchase.

Within the online store, OPG Milatić is in the role of the Seller., and the Buyer is any visitor who orders one or more products from the Seller through the online store or in any other way,

Terms of use and purchase are part of the contract concluded at a distance together with the specifications and prices of purchased products and before confirming the order, the Buyer will be asked to accept them, or declare that he is familiar with them and agrees. The seller reserves the right to change the conditions at any time, provided that these changes take effect upon publication on the online store.

When the Buyer confirms and executes the order, the contract is concluded, and the Seller will notify the Buyer by e-mail that the contract has been concluded. For a valid contract, the Buyer must have full legal capacity, ie he must be an adult. The sale of alcohol is prohibited to persons under 18 years of age. The Customer is responsible for the accuracy and completeness of the user data entered during registration, registration and/or ordering of products. The Seller is not responsible for the violation of this provision, since it is clear and clearly stated that the age of majority is required for the conclusion of the contract. Upon delivery of the product, the Buyer bears the burden of proof of majority when taking over the goods. Delivery will not be made in case of suspicion that it is a minor unless he provides proof of his majority. For completely incapable persons, the contract can be concluded only by their legal representatives, and partially incapable persons can conclude the contract only with the consent of their legal representative.

Access to the online store may sometimes be unavailable due to works, maintenance or integration of new content, and in cases of unforeseen circumstances beyond the control of the Seller, which the Seller will seek to eliminate as soon as possible.

Characteristics of products and services

Products on the online store are shown in text descriptions and photographs, and information about them is made based on the Seller's database. Product information displayed on the online store is subject to computer errors, irregularities in the operation of the application and/or server, other technical irregularities, typographical errors, etc. The seller will try to give the most accurate description and image of the product but does not take responsibility for the complete accuracy of the above data. In the event of obvious errors or inaccuracies in the product data, the Seller reserves the right to unilaterally terminate the contract.

The subject of the order can only be products for which the order states that they are available and available. Due to the large number of orders that can be processed simultaneously, it may happen that product availability information is not identical to the stock status. If the ordered product is not available in stock, the Seller will inform the Buyer that the product is not currently available, the period within which the product is available and also offer the possibility of purchasing an alternative product that is available for delivery.

Product price

Prices on the online store are expressed in kunas (HRK), and the cost of VAT is included in the price of the product. The price of the product does not include delivery costs, because they are paid separately, except for orders above a certain amount when delivery is free, and all by the conditions and in the manner indicated in these Terms of Use and Purchase.

Before confirming the order, the price of the product with VAT is stated separately, the delivery price if it is charged, depending on the number of ordered products and shown together, and the final price so that the Buyer has an insight into the final price paid for ordered products and services.

In the case of payment by online banking and a national payment order (which replaced the payment with a general payment slip), the costs of payment and/or interbank transactions are not included in the price.

Terms of payment

Products are ordered using a standardized use of online store functionality. The customer can order and purchase the product as a registered or unregistered user. The product is considered ordered when the customer goes through the entire order process (by executing the order).

Payment for ordered products is possible:

By direct bank transaction

Cash on delivery

In the case of payment by internet banking or order for national payments, the payment must be made no later than the deadline specified in the e-mail by which the Seller confirms the order.

If the customer does not receive an e-mail notification about the execution of the order after the completion of the ordering process, it is suggested to check the status of the e-mail box in the used application or service, and the contents of the Spam mailbox.

If the payment is duly made and visible on the Seller's account, the Seller will proceed with the delivery of the ordered products. The invoice for the order is delivered in the shipment together with the products. If payment is not made within the specified period, the Seller will act on the subsequent payment outside the deadline by delivery of purchased products, and if he can not make delivery for justified reasons, the contract will be unilaterally terminated and refunded.

Unilateral termination of the contract

Only the Buyer who has executed the order or concluded a distance contract by these Terms of Use and Purchase has the right, without stating the reasons, to unilaterally terminate the contract within 14 days. The period of 14 days starts from the day when the consignment that is the subject of the contract is handed over to the Buyer or a third party designated by the Buyer, who is not a carrier/deliverer. If the Customer has ordered several products to be delivered separately with one order, or if there are several shipments, the deadline starts from the day when the last shipment was handed over.

The Buyer is obliged to inform the Seller about his decision to terminate the contract before the expiration of the term for unilateral termination, via the Form for unilateral termination of the contract. The form is available for download on the online store, and the completed form should be sent to the e-mail address: opg.milatic@gmail.comConfirmation of receipt of notification of unilateral termination of the contract, the Seller will provide without delay by e-mail.

If the Buyer unilaterally terminates the distance contract, the Seller will refund the money paid excluding shipping costs. The costs of returning the shipment are borne by the Buyer. The buyer is obliged to return the shipment immediately, and no later than 14 days from the date of sending the decision on unilateral termination of the contract. The consignment should be demonstrably sent by post to the address TRG HRVATSKOG NARODNOG PREPORODA 12, 21465 JELSA. The refund will be made after the shipment is returned to the Seller, and no later than within 14 days of receipt of the returned shipment. The refund will be made in the same way as the payment.

It is considered that the Buyer has fulfilled his obligation on time if before the expiration of the specified period he sends in a demonstrable manner (recommended with a return receipt) a shipment to the address of the Seller. The buyer is responsible for any impairment of the goods resulting from the handling of the goods, other than that which was necessary to determine the nature, characteristics and functionality of the product. If the product is returned defective, with major damage or without parts and documentation, and if it is not delivered within 8 days, it is considered that the Buyer has not fulfilled its obligation to return the goods, and the Seller is not obliged to refund the funds paid.

The buyer is not entitled to unilateral termination of the contract if:

• The Seller has fully fulfilled its service, and the fulfilment began with the explicit prior consent of the Buyer, and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract if the service is fully fulfilled;
• the subject of the contract is a product or service whose price depends on changes in the financial market that are beyond the influence of the Seller, and which may occur during the term of the Buyer's right to unilateral termination of the contract;
• the subject of the contract is a product that is made according to the Buyer's specification or that is adapted to the Buyer;
• the subject of the contract is a sealed product which, due to health or hygiene reasons, is not suitable for return, if it was unsealed after delivery;
• the subject of the contract is a product which, because of its nature, is inseparably mixed with other items after delivery;
• the subject of the contract is the delivery of alcoholic beverages whose price was agreed at the time of the contract, and delivery may follow only after 30 days if the price is dependent on changes in the market that are beyond the influence of the Seller.

Product complaint

The seller is responsible for material defects of the product on the online store by the positive regulations of the Republic of Croatia, especially the Civil Obligations Act.

The ordered products are packaged in such a way that they are not damaged by the usual handling in transport/delivery.

Upon receipt of the shipment, the Buyer is obliged to check the delivery and determine whether the shipment has been delivered in full or whether all products have been delivered. In case of defects, the Buyer is obliged to immediately send a written complaint/complaint because subsequent complaints will not be considered.

If the shipment is damaged in transit, such damage is visible when picking up the shipment, in which case the Buyer should refuse to pick up the shipment and notify the Seller as soon as possible with a description of the problem. It is desirable to damage and photographs.

In the event of a visible lack of product when picking up the shipment, the Buyer is not obliged to pick up the delivered product, may refuse receipt, and does not bear the cost of delivery of such product. It is considered that the products that were duly received by the Buyer did not have a visible defect. The buyer has the right to complain about material defects within the deadlines and for reasons prescribed by the provisions of the Civil Obligations Act. The buyer can send a written complaint or complaint via e-mail to opg.milatic@gmail.com or in writing to the address: TRG HRVATSKOG NARODNOG PREPORODA 12, 21465 JELSA, with the indication Complaint.

To determine the order to which the Buyer has a complaint as soon as possible, the Buyer is obliged to state the order number, account number or username in the complaint.

The buyer has the right to a justified complaint and to return the goods in the following cases:

• delivery of goods not ordered;
• delivery of expired goods;
• delivery of goods that have a defect or damage that did not occur during transport.

If the product has a hidden defect (the defect that could not be detected by the usual inspection when taking over the goods) which the Buyer determines after opening the product - the Buyer has the right to unilaterally terminate the contract and refund, replace the product, eliminate the defect or reduce the price.

The seller will otherwise consider the complaint valid if the product inspection determines that it meets the conditions for a complaint by the Civil Obligations Act and the Consumer Protection Act. In this case, within 15 days of receiving a valid complaint, they will replace the product or refund the full amount paid upon termination of the contract. If, on the other hand, it finds that the complaint is not valid, ie if it rejects the complaint, it will notify the Buyer within 15 days from the day of receipt of the complaint.

The Seller will accept the return of damaged, defective or incorrectly delivered goods at its own expense if it is determined that the complaint is justified and that the Buyer has not affected the correctness, damage or any defect of the goods.

In the event of a justified complaint, the cost of replacement with a new product is borne entirely by the Seller.

Online dispute resolution

By special regulations of the European Union, from 15.02.2016. in the EU, disputes related to online shopping can be resolved through a special platform.. 

This means that if you encounter a problem during an online purchase within the EU (defective product, inability to replace the product, etc.), you can submit your complaint at the link above. The platform can be used by both consumers and traders, and complaints can be lodged in any of the 23 official EU languages.

Contract duration

The contract concluded by the Buyer with the Seller is a one-time contract for the distance sale of products, which is consumed by the payment made by the Buyer, and the delivery of the shipment by the Seller, in case it is not terminated. Terms of use and purchase are an integral part of the contract.

Privacy and data security

User data is any data that describes the use of the online store in more detail. User data includes all data that determines the identity of the customer, which includes, but is not limited to: name and surname, e-mail address, physical address, preferences, interests, products reviewed, orders placed, etc.

User data processing is any action or set of actions performed on user data, whether by automatic means or not, such as collecting, recording, organizing, saving, customizing or modifying, withdrawing, viewing, using, discovering by transmission, publishing or otherwise made available, sorting or combining, blocking, deleting or destroying, and performing logical, mathematical and other operations with that data.

By accessing the online store, registering or purchasing as a guest, the Buyer allows the Seller to process his user data. The same data is used to conclude contracts, for the internal recording of data, for improving products and services, for adjusting the content of the website according to user preferences, for occasionally sending promotional content about new products, special offers and other business information, for occasional research of website users, etc. The Seller undertakes to protect the privacy of the Customer's user data and will handle them by the Personal Data Protection Act, ie other applicable regulations. User data The Seller may not use or make available to third parties without authorization, except in cases where a special law allows it or is necessary for fulfilling contractual obligations. All employees of the Seller and business partners are responsible for respecting the principles of privacy protection.

In the event of a change in any of the personal data recorded during registration, the Buyer is obliged to notify the Seller of the change to the e-mail address: opg.milatic@gmail.comopg.milatic@gmail.com. The Customer can exercise all its rights regarding the protection of personal data by sending an inquiry to the e-mail address: opg.milatic@gmail.com.