GENERAL TERMS AND CONDITIONS OF THE ROXANICH WEBSITE AND OF THE ROXANICH WEB SHOP

DEFINITIONS

Certain terms within the meaning of the General Terms and Conditions of the ROXANICH website and the ROXANICH web shop (hereinafter: General Terms and Conditions), have the following meaning:

1.    "Seller" and "Service Provider" is ROXANICH d.o.o., Motovun, Kanal 30, Personal identification number (OIB): 90993986244.

2.    The “ROXANICH website” is a website at https://www.roxanich.com run by the Service Provider and it represents its property. 

3.    “ROXANICH web shop” is a service that enables Users to purchase products and services through the website https://www.roxanich.com/wine-shop and related pages. 

4.    "Buyer" means any person who has visited the ROXANICH website and/or the ROXANICH web shop with the intention of informing and/or purchasing the Seller's product or service offered on the Seller's website and/or in the web shop. 

5.    “User” means any visitor to the ROXANICH website and/or the ROXANICH web shop, including the Buyer. 

6.    “Registered User” means any person who has registered using the registration form on the ROXANICH website and ROXANICH web shop and thus has a valid account on these sites. 

7.    "Carrier" means the person who performs the service of delivery of purchased goods to the address specified by the Buyer when ordering. 

8.    "Trader" means, in accordance with the provisions of the Consumer Protection Act, any person who enters into a legal transaction or operates in the market within his trade, business, craft or professional activity, including a person acting in the name or on behalf of a trader. 

9.    "Consumer" means, in accordance with the provisions of the Consumer Protection Act, a natural person who enters into a legal transaction or operates in a market outside his trade, business, craft or professional activity.

 

10.    "Orderly order" means an order of products and/or services from the ROXANICH website and/or the ROXANICH web shop with all the correct and complete information according to which the Buyer made a payment to the Seller, which payment is recorded in the Seller's account no later than 48 hours after the order was placed.

USE OF THE WEBSITE, WEB SHOP AND CHANGES TO THE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions govern the use of the ROXANICH website and the ROXANICH web shop and form an integral part of the contracts concluded with the Service Provider through the ROXANICH website and/or the ROXANICH web shop. 
 
By using the ROXANICH website and/or the ROXANICH web shop, the User is deemed to have fully read, understood and accepted the General Terms and Conditions.

If the User does not agree and does not accept the rights and obligations from the General Terms and Conditions, the User may not use the ROXANICH website or the ROXANICH web shop. 

The Service Provider reserves the right, if it deems it necessary, to terminate or modify the General Terms and Conditions. The Service Provider undertakes to inform the Users about any changes to the General Terms and Conditions via the website. 

 

User and/or Buyer has the option to create a user account for the purpose of registration on the ROXANICH website and ROXANICH web shop (ROXANICH membership). The User exercises this option by filling out the registration form on the ROXANICH website and by choosing a username and a password.  The Registered User can have benefits on the ROXANICH website and ROXANICH web shop, of which he will be informed in a timely manner on the ROXANICH website or by e-mail at his e-mail address. 

Only one person can use the Registered User’s account. The Registered User is not allowed to pass on his account data to third parties but must keep his username and password a secret. It is not allowed to use someone else’s Registered User account. In the event of a breach of the provisions set forth herein, the Service Provider has the right to terminate the Registered User’s account that has been misused, without the obligation to compensate the User and/or the Registered User for any damage or expense. 

TERMS AND CONDITIONS OF PURCHASE

The product or service offered on the ROXANICH website and/or the ROXANICH web shop is the exclusive property of the Seller and, in the event that the Buyer decides to purchase a certain product or service offered, at the time when the Seller accepts the Buyer's order, a purchase agreement between the Seller and the Buyer is concluded. 

These General Terms and Conditions govern the procedure of ordering, payment, delivery and complaint related to products or services offered on the ROXANICH website and/or the ROXANICH web shop. 

With regard to the reservation of services offered on the ROXANICH website, they are made through a separate page https://secure.phobs.net, therefore Users will be directed to it. The site in question does not include payment of the service, it includes the reservation only. 

The Service Provider shall endeavour to ensure the highest possible accuracy of the information and data contained on the ROXANICH website and the ROXANICH web shop. If the ordered goods are not available at the moment, the funds will be refunded within 48 hours. According to the circumstances of each case, the Service Provider will, if necessary, contact the Buyer about whether he wants the rest of the order to be sent. 

In the event of an error by the Service Provider when quoting prices, when it is clear from the stated price that the Buyer knows or should have known that there was an error, and that the stated price is not the actual price of the goods, the Seller is not obliged to deliver the said goods at that price. 

Images of products and services offered on the ROXANICH website and/or the ROXANICH web shop are illustrative and the Seller does not guarantee that the image fully corresponds to each product or service, but the product or service itself may differ from the image in question. 

 

It is forbidden to sell alcoholic beverages to people under the age of 18. If the Buyer fails to prove with one of the personal documents that they are not under 18 years of age, the Service Provider and the Seller shall deny them the sale of alcoholic beverages.

PRICES OF PRODUCTS AND SERVICES

The prices of all products and services published on the ROXANICH web shop are expressed in Croatian kuna (HRK), euro (EUR) and Swiss franc (CHF), they represent retail prices and include VAT, as well as a refundable fee in the amount of HRK 0.50.

TERMS OF PAYMENT

Payment on the ROXANICH website and/or the ROXANICH web shop is possible in the following ways:


•    one-time credit card payment (Visa, American Express, Diners, Mastercard, Maestro, Discover, DinaCard) directly via the ROXANICH web shop. The credit card payment service is based on the use of WSPay.
•    e-banking
•    general payment slip or bank transfer

ROX Payment.png

SHIPPING TERMS

Delivery is carried out in the entire territory of the Republic of Croatia. The delivery period is a maximum of 7 working days after receiving the payment.
 
Delivery in the territory of the Republic of Croatia is free of charge for orders over HRK 700.00. For orders of less than HRK 700.00, the price of delivery is HRK 80.00 (VAT included). This price refers to one carton of wine, i.e. 6 bottles with a volume of 0.75 L.

Delivery shall take place on a working day no later than 4 p.m.

Shipping is also possible to EU countries and the cost of shipping to individual countries is available in the table below. In the event that it is necessary to make a delivery to a country that is not listed, the Seller shall submit information on the costs of delivery to the Buyer on request. 

Delivery price table by country (VAT included in the price):

RIGHTS AND OBLIGATIONS OF THE BUYER WHEN DELIVERING

When taking over the goods, the Buyer is obliged to check the number of packages and to inspect them for damage.

If it is found that certain products are missing or damaged, it is necessary to indicate this on the delivery note when picking up. 

The missing products shall be subsequently delivered by the Seller as soon as possible, at no charge. 

If the ordered product consists of or contains fragile material, the Buyer is obliged to open the product packaging and make sure that the product is not broken, shattered and/or damaged. The customer has the right and obligation to check the product before picking it up. 

If the Buyer signs the takeover of the goods without having indicated a remark, subsequent complaints will not be accepted. 

If the Buyer does not accept the shipment because damage has been found, the Buyer must contact the Seller immediately and the Seller will provide them with a new product as soon as possible.

CONSUMER RIGHTS AND OBLIGATIONS

RIGHT TO UNILATERALLY TERMINATE THE CONTRACT

The Buyer enters into a single contract with the Seller for the purchase of products or services consumed by the delivery of goods or services by the Seller and by the payment made by the Buyer.

The Buyer has the right to unilaterally terminate the purchase agreement within 14 (fourteen) days without giving reasons. The deadline for unilateral termination begins from the day when the goods that are the subject of the contract are handed over to the Buyer or to a third party designated by the Buyer, who is not the Carrier, or in the case of a service, from the conclusion of the contract.

In order to exercise the right to unilaterally terminate the purchase agreement, the Buyer must notify the Seller of their decision to unilaterally terminate the contract in question before the expiry of the deadline, by an unambiguous statement sent by post to ROXANICH d.o.o., CHANNEL 30, 52424 MOTOVUN) or by e-mail to sales@roxanich.hr, in which it is necessary to state their name, address, telephone number, fax or e-mail address. 

In order to inform the Seller of their decision to unilaterally terminate the purchase contract, the Buyer may also use the written form for the unilateral termination of the Contract. The form in question can be found HERE. The Buyer may fill out the form electronically and send it to the Seller's e-mail address – info@roxanich.hr in which case the Seller will promptly send them the confirmation of receipt of the notification of unilateral termination of the purchase agreement via e-mail.

The Buyer is obliged to return the received goods to the Seller without delay, and in any case no later than 14 (fourteen) days from the date when it sent its decision on unilateral termination of the contract to the Seller. The costs of returning the goods shall be borne by the Buyer. 


Before terminating the purchase agreement, the Buyer may contact the Seller by phone at +385 52 205 700 or via e-mail at sales@roxanich.hr for assistance and support in the process of returning the goods. 

The Seller's recommendation for the safest return of goods is the use of the DPD Group delivery network services, within which there is also the WineLogistics service, a service specialized in the transport of wine. 

The Buyer is responsible for the goods during the entire duration of the transport of the goods to be returned. The Buyer's liability for the returned goods shall cease at the moment when the Seller, after inspecting the returned goods, confirms to the Carrier the proper receipt of the goods. The Seller shall not be liable for any damage incurred up to the stated moment of confirmation of proper receipt of the goods. In the event of damage to the goods, the amount of the refund will be reduced by the percentage corresponding to the value of the goods. In this case, the Buyer will be informed of the amount by which the refund will be reduced.

The Buyer shall be responsible for any impairment of the goods resulting from the handling of the goods, except for that which was necessary to determine the nature, characteristics and functionality of the goods. In the event of damage to the original packaging, the amount of the refund will be reduced by the percentage corresponding to the value of the goods. In this case, the Buyer will be informed of the amount by which the refund will be reduced.

If, at the request of the Buyer, the performance of the service has commenced during the deadline for unilateral termination of the Contract, the Buyer is obliged to pay the Seller the amount proportional to what was delivered by the time the Buyer informed the Seller of the unilateral termination of the purchase agreement.

If the Buyer unilaterally terminates the Contract, they will be refunded the funds received from them, including the costs of the original delivery, without delay, and no later than 14 (fourteen) days from the date of receipt by the Seller of the Buyer's decision to unilaterally terminate the Contract, unless the Buyer has chosen another type of delivery, which is not the cheapest standard delivery offered. 

The refund will be made in the same way that the Buyer made the payment. In the event that the Buyer agrees to another type of refund of the amount paid, they shall not bear any costs in relation to the refund. The Seller shall make the refund only after the goods have been duly returned.

The User is not entitled to unilateral termination of the Contract:

  •     if the service has already been provided entirely, and the provision began with their express prior consent and with their confirmation that they are aware of the fact that they will lose the right to unilaterally terminate the Contract if the service is provided entirely;

  •     if the subject of the Contract consists of sealed goods which, for health or hygiene reasons, are not suitable for return and have been unsealed after delivery;

  •     if the subject of the Contract is goods which, due to their nature after delivery, are inseparably mixed with other things;

  •     if the subject of the contract is a product or service the price of which depends on changes in the financial market that are outside the Seller's influence, which may occur during the duration of the Buyer's right to unilaterally terminate the contract;

  •     if the subject of the contract is a product which is made according to the Buyer's specification or which is clearly adapted to the Buyer;

  •     if the subject of the contract is the delivery of alcoholic beverages the price of which is agreed at the time of the conclusion of the contract, and the delivery can only take place after 30 days, if the price depends on changes in the market that are beyond the influence of the Seller;

  •     if more than half of the product is consumed when determining the defects of the product.

RIGHT TO COMPLAIN

The Buyer has the right to complain and return the goods to the Seller in the following cases:

  •     they have not ordered the goods that were delivered to them;

  •     the goods that were delivered to them have expired;

  •     the goods were delivered with an error or damage that did not occur in the course of transport.

The Seller is obliged to accept in full the return of damaged, defective or incorrectly delivered goods at their own expense if it is determined that the complaint is justified in the aforementioned cases and that the Buyer has not affected the correctness, damage or any defect of the product. 

CONSUMER COMPLAINT

The Buyer may make a complaint to the Seller or the Service Provider in writing to ROXANICH d.o.o., CHANNEL 30, 52424 MOTOVUN or via e-mail to sales@roxanich.hr. The Seller or the Service Provider is obliged to confirm the receipt of the complaint in writing without delay. 

The Seller or the Service Provider is obliged to respond to written complaints within 15 days from the date of receipt.

ON-LINE RESOLUTION OF CONSUMER DISPUTES

In accordance with the provisions of Regulation (EU) No 524/2013 on online dispute resolution for consumers, the Service Provider provides the link to the Online Dispute Resolution Platform for consumers. Customers can access the Platform via the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm event=main.home.chooseLanguage

FINAL PROVISIONS

The law of the Republic of Croatia shall apply to these General Terms and Conditions and contracts related to them, and the Seller and the Users shall endeavour to settle all disputes arising in connection with them amicably, and in the event that this is not possible, the dispute shall be submitted to the competent court in Pazin. 

These General Terms and Conditions shall enter into force on the day of their publication on the ROXANICH website. 

The provisions of these General Terms and Conditions are subject to change by the Service Provider and the amended terms and conditions will be published on the ROXANICH website, from the date of their entry into force, unless otherwise stated. 

The Users are obliged to review the contents of the General Terms and Conditions every time they visit the ROXANICH website and/or the ROXANICH web shop. Any action of the User contrary thereto exempts the Service Provider from liability.

 

For each transaction made through the ROXANICH website and/or the ROXANICH web shop, the General Terms and Conditions are valid at the time of placing the order of the User.