Consumer protection

Consumer rights when purchasing products from a distance or off premises

Useful tips for online purchases

Check whether the trader you are purchasing something from is reliable. If the trader is based in the Republic of Croatia, you can check the trader’s status in the court register and the register of trades and crafts. You can also research the trader’s reviews, as well as previous experiences of other consumers on forums or social networks.
 
Read the general terms and conditions on the trader’s website, which comprise an integral part of the sales contract.
 
Always check how your personal data is being used and make sure to do it before ordering any products. Once the order is confirmed, the contract is considered to be concluded.

Save and print out your order confirmation and make sure that you have provided the correct e-mail address when ordering.

Six rules for online purchases

  1. Do not fall for “incredible” offers! Incredibly good offers are often really not credible. Be careful when reading terms and conditions marked with an “*” and other fine print.
  2. It’s not all about cash: select a secure payment method! Never make advance payments by means of any money transfer method; if something happens, you will not get your money back. Check whether the trader's website offers a secure payment method. It should be secure if there is a key or lock at the top of your screen; that is, if the internet address starts with https://. This means that the channel is secure and the network is authentic.
  3. Make sure that the price is really accurate! The trader has to state the final price which includes VAT and other public charges, as well as potential administrative costs. Delivery costs and options should be clearly explained, and their price clearly stated.
  4. Do not talk to persons "you do not know”! Ignore unwanted e-mails (spam) and handle any unexpected e-mails carefully. Do not send your personal or financial data to anyone. If you are asked to provide data via e-mail, do not open any suspicious links or unknown attachments.
  5. Be particularly careful when taking out “quick” loans online! Always be careful when you are required to provide your personal data—in this case, the required data include ID card number and personal identification number (PIN (OIB)) and in some cases they may even include a copy of your ID card. Make sure that the person advertising loans on various websites and social media platforms is really legally authorised to provide credit services in Croatia.
  6. Keep the documents! Keep all of the documents pertaining to your order. This will facilitate in proving your claims if you have any complaints against the purchase.

Right to receive information

Before concluding a distance contract (for example, via telephone or online) or off premises (for example, presentation in the customer’s home, stands in shopping centres), the trader has to inform you of the various aspects of the contract, such as product features, delivery, etc. Required information of which the trader has to inform you is regulated by Articles 46 and 60 of the Consumer Protection Act.

Contract conclusion via telephone

When a trader contacts a consumer via telephone for the purpose of telesales, they have to state their identity, or the identity of the person on whose behalf and/or for whom they act, as well as the commercial purpose of the call at the beginning of the call.

Service contract conclusion via telephone 

In case of service contract conclusion (for example, for a home internet service),  and not a goods sales contract, the trader has to provide the consumer with an offer on a durable medium in a manner which will allow unambiguous identification of the moment when the offer was received. The contract is considered to be concluded when the consumer, having received the trader’s offer, confirms to the trader that they agree with the contract conclusion.

Right to unilateral contract termination without providing any reason

The consumer has the right to unilaterally terminate contracts concluded off premises or from a distance within 14 days without providing any reason for the termination.
 
In case the trader informed the consumer of their right to unilateral termination of the sales contract, the 14-day period starts on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods which are the subject-matter of the contract. In case the consumer ordered several items of goods which need to be delivered separately; that is, if the goods in question are delivered as several items or in several packages, the 14-day period for unilateral contract termination starts on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the last item or last package of the goods.
 
In case of contracts for regular delivery of goods during a defined period of time, the 14-day period for unilateral contract termination starts on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first item or first package of goods.
 
In case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of heating or of digital content which is not supplied on a tangible medium, the 14-day period for unilateral contract termination starts on the day of the conclusion of the contract.
 
If the trader has not informed the consumer of the right to unilateral contract termination, the consumer loses the right to unilateral contract termination after the expiry of 12 months from the end of the 14-day period.

Form for unilateral contract termination 

The consumer has to inform the trader of their decision to unilaterally terminate the contract before the expiry of the period for unilateral contract termination, by using the form for unilateral contract termination or making any other unequivocal statement setting out their decision. The consumer has to send the contract termination statement before the expiry of the contract termination period set down.
 
If the trader gives the option to consumers to unilaterally terminate contracts on the trader’s website, consumers can unilaterally terminate contracts by electronically filling in and submitting the form for unilateral contract termination or other unequivocal statement. In this case, the trader has to provide the consumer with acknowledgement of receipt of such termination statement on a durable medium without delay.

Unilateral termination of contracts for the supply of water, gas, electricity or heating

In case the consumer unilaterally terminates the contract after having expressly requested provision of the service or performance of the contract for the supply of water, gas, electricity (not put up for sale in a limited volume or set quantity) or heating to begin before the expiry of the period for unilateral contract termination, the consumer has to pay to the trader a part of the contract price which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right to unilateral contract termination. The proportionate amount of the price to be paid by the consumer to the trader is calculated on the basis of the total contract price. If the total price is excessive, the proportionate amount is calculated on the basis of the market value of what has been provided.
 
In case the consumer unilaterally terminates the contract for the supply of water, gas, electricity or heating, the consumer will not have to pay a part of the contract price which is in proportion to what has been provided by the trader during the period for unilateral contract termination if the trader has failed to provide pre-contractual notifications to the consumer; that is, if the consumer has not expressly requested the provision of service to begin during the period for unilateral contract termination.

Unilateral termination of a sales contract for digital content not supplied on a tangible medium

In case the consumer unilaterally terminates a contract for digital content not supplied on a tangible medium, they will not have to pay a part of the price or costs in proportion to what has been provided by the trader during the period for unilateral contract termination if the consumer has not given his prior express consent to the beginning of the contract performance before the end of the 14-day period for unilateral contract termination, if the consumer has not acknowledged that they are aware that they lose their right to unilateral contract termination when giving such consent or if the trader has failed to provide the information on the right to unilateral contract termination.

Consumer's right to reimbursement in case of unilateral contract termination

The trader has to reimburse all payments received from the consumer under the contract without undue delay and in any event no later than 14 days from the day on which the trader is informed of the consumer’s decision to unilaterally terminate the distance contract. Should the consumer decide to exercise their right to unilateral contract termination, the trader has to reimburse the consumer for the amount paid under this contract without undue delay and in any event no later than 14 days from the day on which the trader is informed of the consumer’s decision to terminate the contract. The trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods.
 
The consumer shall only bear the direct cost of returning the goods unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them. The consumer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

When does the consumer not have the right to unilateral contract termination?

There are certain situations in which the consumer’s does not have the right to unilateral contract termination. For example, if the trader has fully performed the service contract, and the performance has begun with the consumer’s prior express consent, if the subject-matter of the contract is the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader, if the subject-matter of the contract is the supply of goods made to the consumer’s specifications or clearly personalised or if the subject-matter of the contract is the supply of goods which are liable to deteriorate or expire rapidly, sealed goods which are not suitable for return due to health protection or hygiene reasons, if the subject-matter of the contract is the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance, etc.

How can you settle an issue with the trader?

You first need to contact the trader in writing or via e-mail and submit a complaint against a product you have bought online. You can find the trader’s e-mail address and other contact information on the trader’s website, in their general terms and conditions or in the order confirmation.
 
Should the trader fail to respond to the complaint or you believe that your consumer rights were infringed after you receive a response, you have the following options at your disposal:
  • If the trader is based in the Republic of Croatia, you can submit a request for inspection to the  State Inspectorate’s Market Inspection.
  • If you have a cross-border complaint against a trader based in the Republic of Croatia, another EU member state, Norway, Iceland, Lichtenstein or United Kingdom, you can file a complaint with one of the alternative dispute resolution entities competent for consumer disputes in the state of the trader’s registered office. Apart from filing a complaint directly with a particular alternative dispute resolution entity competent for consumer disputes, you can also file it on the Online Dispute Resolution platform.

 Information

  • You can obtain information on consumer rights by calling the toll-free telephone number 0800/414-414. Enquiries can be made on Mondays, Wednesdays and Fridays between 10 AM and 2 PM.
  • Any questions you might have regarding your rights or requests for inspection can also be submitted via the Central Information System for Consumer Protection application.
  • To obtain advice and information about cross-border purchases in the European Union, Norway, Iceland or United Kingdom, you can contact the European Consumer Centre Croatia at ecc-croatia@mingor.hr.
  • If you have purchased a product online, you can try to resolve the dispute via the Online Dispute Resolution platform. You can use the platform if:
    • You live in one of the EU member states or Norway, Iceland, Lichtenstein or United Kingdom.
    • The trader is established in one of the EU member states or Norway, Iceland, Lichtenstein or United Kingdom.
    • You want to resolve a dispute regarding a purchase of goods or services online.