Terms of service

Terms of Purchase

Terms of Use via the Hey Chilli Online Store

Information about Hey Chilli:

Hey Chilli is a family agricultural business specializing in production and processing.

Name: Hey Chilli, Sandra Vuica, Zemljoradnička Street 20, Umag
Short Name: Hey Chilli, Zemljoradnička Street 20, Umag
Address: Zemljoradnička Street 20, 52470 Umag
E-mail: heychilli.opg@gmail.com
Phone: +385 912766877

IBAN: HR68 24020063101663626

The consumer, as the buyer, enters into a sales contract with Hey Chilli, Sandra Vuica, Zemljoradnička Street 20, Umag (hereinafter referred to as the "Seller"). Legal entities as buyers are subject to the application of the Obligations Act and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them.

For legal entities as buyers, sections of these Terms of Use related to material defects of products, complaints, and the right to unilateral termination do not apply. In such cases, relevant provisions of the Obligations Act and the Electronic Commerce Act apply. The seller may, at their discretion, grant legal entities the rights granted to consumers in specific cases.

The conclusion of a sales contract via the website "www.heychilli.hr" is regulated in accordance with legal provisions, particularly taking into account the principles and provisions of EU directives and regulations. Concluding a contract through the "www.heychilli.hr" website constitutes a distance contract.

These Terms of Use also represent pre-contractual information as regulated by the Consumer Protection Act.

Means of remote communication are any means that can be used for distance contracting without the simultaneous physical presence of the trader and the consumer, such as the internet and electronic mail.

Meaning of Terms in These Terms of Use:

  • Seller: Hey Chilli, Sandra Vuica, Zemljoradnička Street 20, Umag, which conducts retail sales of its agricultural products under the name "Hey Chilli OPG"
  • "www.heychilli.hr": the website owned by the Seller
  • Production Unit: the Seller's production unit
  • Buyer: any person who, after reviewing and selecting a product or service, has registered their information and ordered a product or service
  • User of "Hey Chilli OPG": any person who uses the "www.heychilli.hr" website to make a purchase or obtain information about a product
  • Use of "www.heychilli.hr": access to the "www.heychilli.hr" website to obtain information about its content and/or to make a purchase
  • Online Purchase or Web Store: purchasing products via "www.heychilli.hr"
  • Products: all products listed on "www.heychilli.hr" that can be purchased through the web store

General Terms of Use

The owner of all rights to the "www.heychilli.hr" website is Hey Chilli, Sandra Vuica, Zemljoradnička Street 20, Umag. All Buyers who place orders through the Seller’s website are directed to familiarize themselves with the Seller’s Terms of Use. The Buyer is bound by the Terms of Use in effect at the time of entering into a contract with the Seller. The Buyer will confirm by marking the designated spot during the order process that they fully understand and accept the Terms of Use. The Terms of Use will be sent to the Buyer’s email address in PDF format. In the event of any ambiguities in the Terms of Use, the Buyer may contact the Seller.

Users are encouraged to familiarize themselves with these Terms of Use before making a purchase and to regularly check them to stay informed of all rights and obligations. If there are any ambiguities, they can contact the Seller.

These Terms of Use apply to the rights and obligations related to the purchase of products or services via the Seller’s web store, as well as the rights and obligations arising from the conclusion of a distance sales contract (hereinafter: "Contract") between the consumer as the end buyer and the Seller's web store. These are considered an integral part of such contracts regarding the terms and methods of ordering products, product prices, payment methods, warranties, complaints and returns, delivery, confidentiality of personal data, and other matters related to the use of "www.heychilli.hr" and online purchases.

Purchases via "www.heychilli.hr" can only be made for products delivered within the territory of the Republic of Croatia.

Only an adult and legally capable person may be a buyer. Contracts on behalf of and for the account of minors and legally incapable persons may be concluded by their legal representatives or guardians, and partially legally capable persons may only conclude contracts with the consent of their legal representative or guardian. The Seller assumes no responsibility for actions contrary to this provision.

Users of "www.heychilli.hr" are required to provide accurate, valid, and complete personal information when filling out the order and/or registration form. The Seller is not responsible for any defects or errors that may occur due to the User providing inaccurate, invalid, or incomplete personal information during the order and/or registration process.

The Seller reserves the right, without prior notice, to change the content of these Terms of Use, the product assortment, their prices, other information related to the web shop, and all other content on "www.heychilli.hr". Consequently, Users of "www.heychilli.hr" are obligated to review the website content with each visit. Any contrary action releases the Seller from liability. Such changes take effect upon being published on the "www.heychilli.hr" website.

The Seller disclaims any responsibility for damage that may occur to devices that enable access to "www.heychilli.hr" and data stored on such devices when using "www.heychilli.hr", if such damage was caused by illegal actions of third parties, computer viruses, etc., and other cases for which the Seller is not responsible.

Furthermore, the Seller is not liable for any circumstances that may prevent the use of "www.heychilli.hr".

Due to the open nature of this website and the possibility of errors in storing and transmitting digital data, we do not guarantee the accuracy or security of information transmitted or collected via this website, unless otherwise expressly stated on this website. Hey Chilli reserves the right to errors in product descriptions and images posted based on information provided by manufacturers.

The Seller posts all materials, photos, and text on the website in good faith to help customers make their purchase decisions. The Seller does not guarantee that product photos fully correspond to the actual appearance of the product. Differences may exist between the actual product and the product photo or description on this website, especially if the manufacturer changes any of the product's features or content. All descriptions are regularly and carefully checked.

Web Store – Contract Conclusion and Termination

Online purchases can be made by registering on the designated section of "www.heychilli.hr" or as a guest, where the buyer will enter their email and delivery address. When filling out the order and/or registration form, the buyer is required to provide accurate, valid, and complete personal information. To place an order, follow the online purchase procedure and click the appropriate button to complete the order (Proceed to Payment/Confirm and Order). After that, you will receive an email confirming the receipt of your order ("Order Receipt Confirmation"). We will notify you via email when the order is accepted and dispatched ("Order Confirmation"). 

The customer is entitled to choose the option for the Seller to inform them about new products, promotional products, etc. (newsletter). After a successful registration (all required fields correctly filled), the customer will receive a notification via email confirming their successful registration.

The products available for purchase are advertised on "www.heychilli.hr," with specifications and prices provided for each product. The price and delivery conditions are specified in the Delivery section.

To select a desired product, the customer can save it to their “cart” by clicking the “Add to Cart” link. The acceptance of the product order depends on availability. Accordingly, we reserve the right, in case of difficulties related to product delivery or lack of items in stock, to offer you a substitute product of the same or higher quality and value. If you do not wish to order the substitute product, we will refund you the paid amount.

In the "cart," all products selected for purchase by the customer are listed along with the product price, delivery price, and total price (VAT is not calculated based on Article 90, paragraphs 1 and 2 of the Value Added Tax Act (Official Gazette No. 73/13)). If the customer wishes to continue with the purchase, they select the "Complete Purchase" link, and the system automatically guides them to the "Order" page where they need to enter and/or confirm the information provided during registration, delivery address, confirm or modify the billing address, and choose the payment method (bank transfer, cash on delivery, or payment via PayPal). Billing details can be changed depending on whether the invoice is for an individual or a legal entity. If the invoice is for a legal entity, the customer must enter all requested data and the tax identification number (OIB).

We reserve the right to remove any product from this website at any time, as well as to remove or modify materials or content. Although we will always do everything possible to process all orders, there are exceptional circumstances that may compel us to refuse to process an order after we have sent a Confirmation of Receipt of Order. We reserve the right to do so at any time.

Upon completing the aforementioned steps in the web store and selecting "Complete Order" on the "Order" page, the system automatically directs the customer to the "Confirmation of Receipt of Order" page, which contains information about the order number, payment, and notification of the sent confirmation email containing the ordered products and information about the email address.

If the customer has chosen to pay via PayPal by clicking "Pay with PayPal" or quick payment by clicking "PayPal," they will be directed to enter payment-related information through PayPal.

Price

Product prices are retail prices. Product and delivery prices are expressed in euros, and they do not include the corresponding VAT in accordance with Article 90, paragraphs 1 and 2 of the Value Added Tax Act (NN 35/24). The Seller updates the displayed prices daily, which means that prices in the store may differ from those on "www.heychilli.hr," but all listed prices apply to online purchases regardless of the potential price for the same product during occasional sales at stands.

The Seller is authorized to change prices without prior notice, as well as to change prices exclusively for the web shop without prior notice. Furthermore, the Seller is authorized to set a lower price than the regular one for a specific product, a group of products, and/or for all products, as well as for a specific payment method, including, among others, promotional sales, clearance sales, seasonal discounts, sales of products with errors, and sales of products approaching their expiration date. These benefits may be exclusive to online shopping, which will be indicated to the customer before the purchase.

The price of the product will be the one indicated at any time on our website, except in the case of an obvious error. Although we do everything to ensure that the prices listed on the website are correct, errors can occur. If we discover an error in the price of a product you ordered, we will notify you as soon as possible and give you the option to confirm the order at the correct price or cancel the order. If we are unable to contact you, the order will be considered canceled, and all amounts paid will be refunded in full.

We are not obligated to sell you a product at an incorrectly stated lower price (even if we sent a Confirmation of Receipt of Order) if the price error is obvious and unequivocal, and you could reasonably understand that the price was incorrect.

Payment

The customer can pay for the purchased products via bank transfer, cash on delivery (cash upon receipt of the shipment at the agreed address), or via PayPal.

A bank transfer is considered confirmed at the moment the payment is received in the Seller's bank account.

  • Erste: HR68 24020063101663626

Delivery

When choosing the method of delivery, the customer can select one of three delivery options:

  1. Local Delivery – A member of the family farm personally delivers products to the customer. The local delivery option depends on the final order amount and delivery location.

    • For local delivery to postal code 52470, the minimum order amount is €10.00.
    • For local delivery to postal codes 52466, 52460, and 52474, the minimum order amount is €30.00.
    • For local delivery to postal codes 52465 and 52440, the minimum order amount is €40.00.

    In the case of selecting local delivery, a Hey Chilli member will contact the customer to arrange the time and place for the delivery of the ordered products.

  2. Personal Pickup – The option for personal pickup at the Production Unit located at Ulica Žrtava fašizma 22, 52470 Umag is possible only after a Hey Chilli member contacts the customer to inform them that the order is ready for delivery.

  3. Delivery via Courier Service 

  4. Delivery via BOX NOW parcel machines 

Other Delivery Provisions

Paid products will be delivered to the customer as soon as possible, and in any case within a maximum of 30 days from the date of the "Order Confirmation" email. If you wish to arrange a suitable delivery time, please indicate this in the "Your comment" field during the final steps of checkout so that we can convey your request to the delivery service.

After processing the order, the customer will receive a notification via email with the invoice at the moment of shipment, followed by information about the status of their shipment from the delivery service.

Delivery is carried out by the Seller (through its members) or by engaging a reputable delivery (courier) service. Regular delivery is made to the entrance of the residential building at the desired address. If it is a residential building, the delivery person is not obligated to carry the goods to the floor where the customer is located, but only to the entrance of the building. Large orders are delivered to the entrance of the building or to the first obstacle due to the use of a hand pallet.

If the Seller is unable to deliver the purchased Product within the specified time frames, they will notify the customer to arrange a new delivery date. In this case, the customer has the right to terminate the Agreement.

By signing upon receipt, the customer confirms that they have received the package(s) in undamaged condition. After the customer accepts the package, the delivery service is not responsible for any complaints, damage, or reduction in the contents of the accepted package, unless there is evidence that the damage did not occur after delivery.

In cases where a Product different from the one purchased has been delivered to the customer, they have the right to receive the ordered Product, and if this is not possible, the customer has the right to a refund of the paid price for the product, delivery price, and reimbursement of return shipping costs, and is obliged to return the wrongly delivered product.

Upon delivery, along with the purchased Product, the customer receives an invoice and a receipt confirmation for the package that they are obliged to sign. By signing the receipt confirmation, it is considered that the product has been received without external visible damage.

Delivery prices are indicated on "www.heychilli.hr," and they include the corresponding VAT.

Delivery is only made within the territory of the Republic of Croatia.

Seller's Responsibility for Material Defects of Products and Complaints

The Seller is responsible for material defects of the Products, in accordance with applicable regulations.

The customer is obliged to notify the Seller of the existence of visible defects within two months from the day they discovered the defect, and no later than two years from the transfer of risk to the customer.

When it is found that a product has a defect that could not be discovered by normal inspection upon receipt, the customer is obliged, under the threat of losing the right, to notify the Seller of this defect within two months from the day they discovered the defect.

The Seller is not responsible for defects that appear after two years from the delivery of the Product.

Material Defects for Which the Seller is Responsible

  1. The Seller is responsible for material defects in the goods that it had at the time of risk transfer to the customer, regardless of whether it was known.

  2. The Seller is also responsible for those material defects that arise after the transfer of risk to the customer if they are a consequence of a cause that existed before that.

  3. It is presumed that a defect that appeared within a year from the transfer of risk existed at the time of risk transfer, unless the Seller proves otherwise, or the contrary arises from the nature of the thing or the nature of the defect.

  4. The Seller is also responsible for defects that the customer could easily notice if they stated that the item had no defects or that the item had certain properties or characteristics.

Defects exist if:

  • the item does not correspond to the description, type, quantity, and quality, i.e., lacks functionality, compatibility, interoperability, and other features as determined by the sales contract,

  • the item is not suitable for any special purpose for which the customer purchased it, and the Seller did not state that the item was suitable for such a purpose,

  • the item does not correspond to the sample or model presented before the conclusion of the sales contract.

  • If the item has not been delivered with updates as specified in the sales contract.

  • If the item is not suitable for use for purposes for which items of the same type are usually used, taking into account all European Union regulations and the regulations of the Republic of Croatia, technical standards, or, if such technical standards do not exist, applicable codes of conduct in the specific field, if they exist.

  • If the item does not correspond to the quality and description of the sample or model that the seller made available to the buyer before concluding the contract.

  • If the item has not been delivered with additional equipment, including packaging, installation instructions, or other instructions that the buyer may reasonably expect to receive.

  • If the item does not correspond to the quantity or does not have the properties and other features, including those related to durability, functionality, compatibility, and safety, which are usual for items of the same type and which the buyer may reasonably expect, considering the nature of the item and taking into account all public statements made by the seller or other persons in the previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling.

  • If the item was improperly installed or mounted, and the installation or mounting service is part of the sales contract and was performed by the seller or a person for whom he is responsible.

  • If the item, which was supposed to be installed or mounted by the buyer, was improperly installed or mounted by the buyer, and the improper installation or mounting is the result of a deficiency in the instructions provided by the seller or, in the case of items with digital elements, provided by the seller or the supplier of digital content or digital service.

If the Buyer expected the existence of certain properties of the item based on statements from the manufacturer or its representative, the deficiency is not taken into account if the Seller did not know and could not have known about those statements, or if those statements were refuted before the contract was concluded, or they did not influence the Buyer’s decision to conclude the contract.

Deficiencies for which the Seller is not responsible:

(1) The Seller is not responsible for deficiencies if they were known to the Buyer at the time of the conclusion of the contract or if they could not remain unknown to the Buyer.

(2) The Seller is not responsible for a minor material deficiency.

Given the nature of the product, there is no deficiency if the Product does not meet the Buyer’s taste in terms of flavor, aroma, spiciness, etc.

Inspection of the item and visible defects

The Buyer is not obliged to inspect the item or have it inspected, but is obliged to inform the seller of the existence of visible defects within two months from the day he discovered the defect.

If a material deficiency is determined, the Seller may have one of the following obligations, all in accordance with the provisions of the Obligations Act at the choice of the consumer: 

- Elimination of the deficiency, 

- Delivery of another defect-free product,

- Price reduction. 

The Buyer may terminate the contract only if he has previously given the Seller an appropriate additional period for fulfilling the contract.

The Buyer may terminate the contract without setting an additional deadline if the Seller, after being notified of the deficiencies, communicated that he would not fulfill the contract, or if from the circumstances of the specific case it is evident that the Seller will not be able to fulfill the contract even within an additional deadline, as well as in cases where the Buyer cannot achieve the purpose for which he concluded the contract due to the Seller's delay.

If the Seller does not fulfill the contract within the additional period, the contract is terminated by law, but the Buyer may maintain it if he promptly informs the Seller that he wishes to keep the contract in force.

The Seller is entitled to refuse the elimination of the deficiency if repair and replacement are impossible or if it would incur disproportionate costs considering all circumstances, especially the value of the defect-free item, the significance of the deficiency, and whether the repair or replacement can be carried out without significant inconvenience to the buyer.

When the Buyer is a legal entity, the rules on material deficiencies prescribed by the Obligations Act apply to him, and the rules from this section "Material Deficiencies" do not apply to him.

All complaints can be sent by the consumer by mail to Hey Chilli, Zemljoradnička ulica 20, 52470 Umag, Croatia, or by email to podrska.heychilli.opg@gmail.com, or in person at the seller's production unit at Žrtava fašizma 22, 52470 Umag, Croatia.

In order for the Seller to respond to a written complaint not sent by email, consumers are requested to provide accurate details of their name and surname, and the address to which they will receive the response. The Seller is legally obliged to respond to the consumer's complaint in writing no later than 15 days from the day of receipt of the complaint.

Unilateral termination of the contract and return

Every User has the option to review the Terms of Use by clicking on the link located at the bottom of each page under "Terms of Use".

The Buyer can unilaterally terminate the Contract within 14 (fourteen) days from the delivery of the goods into the possession of the Buyer without stating a reason. The Buyer does not have the right to unilaterally terminate the Contract if it is:

  • A service contract that the merchant has fully fulfilled, and the fulfillment has started with the explicit prior consent of the consumer and with his confirmation that he is aware that he will lose the right to unilaterally terminate the contract from this section if the service is fully fulfilled.

  • The subject of the contract is goods or services whose price depends on fluctuations in the financial market that are beyond the control of the merchant and which may occur during the consumer's right to unilaterally terminate the contract.

  • The subject of the contract is goods made to the consumer's specifications or clearly tailored to 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 are not suitable for return due to health or hygiene reasons if they have been unsealed after delivery.

  • The subject of the contract is goods that, by 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 at the time of the contract conclusion, and delivery can only take place after 30 days, if the price depends on fluctuations in the market that are beyond the control of the merchant.

  • The consumer specifically requested a visit from the merchant for the performance of urgent repairs or maintenance work, provided that if, during such a visit, in addition to those services that the consumer expressly requested, the merchant also provides other services or delivers goods other than those necessary for performing urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract concerning those additional services or goods.

  • The subject of the contract is the delivery of sealed audio recordings or video recordings, or computer programs that have been unsealed after delivery.

  • The subject of the contract is the delivery of newspapers, periodicals, or magazines, except for subscription contracts for such publications.

  • The contract concluded at a public auction.

  • The subject of the contract is the provision of accommodation services not intended for housing, the provision of goods transportation services, vehicle rental services, food and beverage delivery services, or services related to leisure, if it is agreed that the service will be provided on a specific date or during a specific period.

  • The subject of the contract is the delivery of digital content that is not delivered on a tangible medium if the fulfillment of the contract has begun with the explicit prior consent of the consumer and with his confirmation that he is aware that he will lose the right to unilaterally terminate the contract.

To exercise the right to unilaterally terminate the Contract, the Buyer must notify the Seller of his decision to unilaterally terminate the Contract before the expiration of the deadline. The Buyer can inform the Seller of his decision to unilaterally terminate the contract before the expiration of the deadline by an unequivocal statement in which he will state his name and surname, address, phone number, fax number (if applicable), or email address, and bank account information for the refund; he can also use the attached example of the unilateral termination of the contract form. The Buyer can send the statement by mail (to Hey Chilli, Sandra Vuica, Zemljoradnička ulica 20, 52470 Umag, Croatia) or by email to podrska.heychilli.opg@gmail.com, stating: invoice number, invoice date, name and surname, address, phone number, fax number (if applicable), email address, and bank account information for the refund.

Form for Unilateral Termination of the Contract

The form for unilateral termination of the Contract is attached to these Terms of Use, and there will be a link in the order confirmation email for access and downloading the form.

The Seller will confirm receipt of the notice of unilateral termination of the contract without delay via email.

If the user unilaterally terminates the Contract, a refund will be issued without delay, and no later than 14 (fourteen) days from the day the Seller receives the Buyer’s decision to unilaterally terminate the Contract. The refund will be executed to the account number provided by the buyer in the unilateral termination form. The Seller can issue the refund only after the goods are returned or after proof is provided that the goods have been sent back.

The Buyer is obliged to deliver or send the goods to the address Hey Chilli, Sandra Vuica, Zemljoradnička ulica 20, 52470 Umag, Croatia without unnecessary delay, and in any case, no later than 14 (fourteen) days from the day they notified the Seller of their decision to unilaterally terminate the Contract.

The Buyer must bear the direct costs of returning the goods. It is recommended that the Buyer calls +385 912766877 or contacts podrska.heychilli.opg@gmail.com before terminating the Contract to explain the procedure for returning the goods.

The Buyer is responsible for any reduction in the value of the goods resulting from handling the Product, except for what is necessary to establish the nature, characteristics, and functionality of the Product. To determine the nature, characteristics, and functionality of the Product, the consumer can handle and inspect the Product only in a manner typical for purchasing the Product at the Seller's premises. During the period in which the consumer exercises the right to return, they must keep the goods with due care.

In case of a reduction in the value of the product resulting from excessive handling of the Product, the Seller will assess the reduction in value based on objective criteria for each individual case and will inform the Buyer of this.

If the Buyer requests that the service begin during the period for unilateral termination of the Contract, the Buyer is obliged to pay the Seller an amount proportional to what has been delivered up to the moment the Buyer notified the Seller of the unilateral termination of the Contract.

Out-of-Court Resolution of Consumer Disputes

In case of a dispute, the Seller and the consumer will resolve the dispute amicably, and if that is not possible, the competent court in the Republic of Croatia will have jurisdiction, applying Croatian law.

Dispute resolution is also possible before other mediation centers.

Consumer disputes can be resolved via the European Commission’s ODR platform:
"https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR".

Other Provisions

The Seller grants Buyers the right to use all services on "www.heychilli.hr" solely for personal needs and for non-commercial purposes. Any changes to the content on "www.heychilli.hr," in any form, are prohibited, as are copying, public performance, etc. The use of content from "www.heychilli.hr" on other websites is prohibited.

The Seller reserves the right to grant rights for the publication of any materials or parts of "www.heychilli.hr" to third parties only in the case of a concluded contract that regulates the rights and obligations of the Seller and the third party publishing the information.

When purchasing any product that is subject to copyright or intellectual property rights, the Seller does not grant any additional rights of use and publication, except for the expressly granted right or permission from the manufacturer/distributor of the product.

When "www.heychilli.hr" provides links to visit other websites of third parties, these are not owned by the Seller, and these Terms of Use do not apply regarding the Seller and the Buyer when using those websites. The Seller does not control these websites and does not assume any responsibility for any of them or their content. Visiting those websites is entirely at the Buyer’s own risk, and the Seller bears no responsibility.

Although the Seller makes a concerted effort to ensure that all published information about the products is accurate, it is possible that information about a specific product is not updated or accurate, in which case the Seller will notify the Buyer who placed the order, after which the Buyer has the right to either maintain their order or modify it. Photos accompanying the products are for illustrative purposes only.

The Seller reserves the right to publish content in English in cases where it concerns the name of the product, parts of it, or functions in English; for terms in English that are generally accepted in the Croatian language or where there is common terminology and when there is a risk that significant information cannot be accurately translated into Croatian without losing its meaning and sense.

Contacts

For all information, compliments, comments, complaints, as well as any other notices, Buyers can contact the Seller at:

Address: Hey Chilli, Sandra Vuica, Zemljoradnička ulica 20, 52470 Umag, Croatia

WhatsApp: +385 912766877

Email: podrska.heychilli.opg@gmail.com

Attachment 1: Form for Unilateral Termination of the Contract

STANDARD FORM FOR UNILATERAL TERMINATION OF THE CONTRACT

The Buyer may unilaterally terminate this contract without stating a reason within 14 days from the day of receiving the goods.

If the Buyer has not received this form, the period for unilateral termination begins from the delivery of this form and expires after one year and 14 days.

To exercise the right of unilateral termination of the Contract, the Buyer must notify the Seller of their decision before the expiration of the period, with an unequivocal statement that includes the details specified below, and this notification must be written on a durable medium.

The Buyer can send the statement by mail to: Hey Chilli, Sandra Vuica, Zemljoradnička ulica 20, 52470 Umag, Croatia, or by email to: podrska.heychilli.opg@gmail.com.

If the Buyer exercises their right to unilaterally terminate, they only bear the direct costs of returning the goods in accordance with Articles 79 and 84 of the Consumer Protection Act.

Prohibition of Advance Payment. During the period for unilateral termination of the contract, it is prohibited to require any advance payment from the Buyer. This prohibition applies to any fee, including payment, provision of guarantees, reservation of money in accounts, explicit acknowledgment of debt, etc.

NOTICE OF UNILATERAL TERMINATION OF THE CONTRACT

To: Hey Chilli, Zemljoradnička ulica 20, Umag-Umago.

Hereby, I/we inform you that I/we wish to terminate the contract.

Date of contract/order conclusion (*) – date of invoice ___________________________________________________________

Name of the Buyer:

Address of the Buyer:

Phone number or mobile: ___________________________________________________________

Email address:

Refund account:

Signature of the Buyer _______________________________

(only if this form is submitted on paper)

Date: _____________

Confirmation of receipt of information: Signature of the Buyer: ___________________________

Obligations of the Consumer (Buyer) in Case of Unilateral Termination of the Contract.

In case the Buyer exercises their right, they bear the cost of returning the goods and must return them within 14 days (Article 79 of the Consumer Protection Act (NN 59/23, hereinafter: ZZP)). The Buyer also bears the cost of any reduction in the value of the goods (Article 84 of ZZP) (unpacked goods, lost documentation and parts, damages, usage of the goods, etc.), except for what was necessary to determine the nature, characteristics, and functionality of the goods. If the product is returned defective, with greater damages or without parts and documentation, and if these are not provided within an additional period of 8 days, it is considered that the Buyer has not fulfilled their obligation to return the goods, and the Seller is not obliged to refund the paid funds.

Other Duties of the Consumer if Exercising the Right of Unilateral Termination of the Contract

If the Buyer returns the product without the original packaging and/or with minor damages and/or with signs of use, citing the article on unilateral termination of the distance contract, as a result of which the Seller will not be able to sell the product as new, the damage is pre-assessed at 30% of the paid retail price of the product. By accepting these terms of business, the Buyer agrees in advance that the specified amount of damage will be deducted from the refund. All damage exceeding this amount is considered greater damage, and the Seller is not obliged to refund. If the Buyer returns the product according to the Unilateral Termination of the Contract in its original form as delivered, the Seller must refund the full amount within 14 days, except for those obligations of the Buyer mentioned above.

Cases When the Consumer Cannot Exercise the Right of Unilateral Termination of the Contract:

  • A contract for services that the seller has fully performed, and performance began with the explicit prior consent of the consumer and with their confirmation that they are aware that they will lose the right to unilateral termination of the contract if the service is fully performed.

  • The subject of the contract is goods or services whose price depends on changes in the financial market outside the control of the seller, which may occur during the duration of the consumer's right to unilateral termination of the contract.

  • The subject of the contract is goods made to the specifications of the consumer or clearly tailored to the consumer.

  • The subject of the contract is perishable goods or goods with a rapidly approaching expiration date.

  • The subject of the contract is sealed goods that are not suitable for return for health or hygiene reasons if they wwere unsealed after delivery 

  • the subject of the contract is goods that, due to their nature, have been inseparably mixed with other items after delivery.

  • the subject of the contract is the delivery of alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, and delivery may only occur after 30 days if the price is dependent on changes in the market that are beyond the seller's control.

  • the consumer specifically requested a visit from the seller to carry out urgent repairs or maintenance work; if during such a visit, in addition to the services expressly requested by the consumer, the seller provides other services or delivers goods other than those necessary for carrying out urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract regarding those additional services or goods.

  • the subject of the contract is the delivery of sealed audio recordings or video recordings, or computer programs, which have been unsealed after delivery.

  • the subject of the contract is the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts for such publications.

  • a contract concluded at a public auction.

  • the subject of the contract is the provision of accommodation services that are not intended for residential purposes, the provision of goods transportation services, vehicle rental services, food and drink delivery services, or leisure-related services if it is agreed that the service will be provided on a specific date or within a specific period.

  • the subject of the contract is the delivery of digital content that is not delivered on a physical medium if the fulfillment of the contract has begun with the explicit prior consent of the consumer and with his confirmation that he is aware that he will lose the right to unilaterally terminate the contract.