Consumer’s right of Withdrawal from a Contract

The full text of the General Terms and Conditions is available here.

General provisions

A Buyer who is a consumer, i.e. a natural person who enters into a contract outside their trade, business, craft or professional activity, shall have the right to withdraw from a distance contract concluded via the Valfresco Direkt online store, without stating any reason, under the conditions prescribed by the Consumer Protection Act and these General Terms and Conditions.

The provisions governing the right of withdrawal from a contract shall not affect or in any way limit any other rights to which the Consumer is entitled under applicable regulations, including the right to submit a complaint and rights arising from liability for material defects. Such rights shall be exercised independently of the right of withdrawal from a contract, while the conditions and procedure for exercising them are regulated in greater detail by the relevant provisions of these General Terms and Conditions.

Period for withdrawal from a Contract

The Consumer shall have the right to withdraw from the contract within 14 days, without stating any reason.

The 14-day period shall commence on the day on which the Product that is the subject of the contract is delivered into the possession of the Consumer or a third party designated by the Consumer, other than the carrier. If several Products are ordered by means of a single order and are to be delivered separately, or if the goods are delivered in several pieces or several consignments, the 14-day period shall commence on the day on which the last piece or the last consignment of the Product is delivered into the possession of the Consumer or a third party designated by the Consumer, other than the carrier.

If regular delivery of Products over a specified period has been agreed, the 14-day period shall commence on the day on which the first piece or the first consignment of the Products is delivered into the possession of the Consumer or a third party designated by the Consumer, other than the carrier.

Methods of giving notice of withdrawal

In order to exercise your right of withdrawal, you must inform VALAMAR of your decision to withdraw from the contract before the expiry of the relevant period by means of an unequivocal statement made in one of the following ways:

• By completing and submitting the web form entitled “Request for withdrawal from a contract”. The button providing access to the web form is located at the bottom of this page. After completing the web form, you must click on the “Confirm contract withdrawal” field.
• By completing the withdrawal form available via the link for downloading the form in PDF format, which is located at the bottom of this page. The completed form must be delivered to VALAMAR by email or post.
• By submitting any other unequivocal statement expressing the Consumer's decision to withdraw from the contract. Such statement must contain the Consumer's first and last name, address, telephone number or email address and order number. The statement must be delivered to VALAMAR by email or post.

If you send the statement of withdrawal by email, please send it to prigovori.raskidi@valfresco.com.

If you send the statement by post, please send it to the following address:

Valamar Riviera d.d.
Valfresco Direkt – withdrawal from a contract
Marcilnica 71
52220 Labin
Croatia

VALAMAR shall confirm receipt of the statement of withdrawal from the contract without delay.

Return of Goods

The Buyer must return the Product to the Seller no later than 14 days from the duly submitted withdrawal from the contract, to the following address:

Valamar Riviera d.d.
Valfresco Direkt – return of Product
Marcilnica 71
52220 Labin
Croatia

The Buyer shall be deemed to have complied with this obligation within the prescribed period if the Buyer sends or hands over the Product to VALAMAR before the expiry of the aforementioned period.

In such case, the cost of returning the Product shall be borne by the Buyer.

Valamar shall, without undue delay and no later than 14 days from the date on which it receives the notice of withdrawal from the contract, refund all payments received from the Buyer under the contract, including the amount paid by the Buyer for delivery of the Product. Valamar shall not be obliged to refund any additional part of the delivery cost incurred as a result of the Buyer's choice of a delivery method more expensive than the least expensive standard delivery offered by Valamar.

Valamar may withhold the refund of payments received until the goods have been returned to it or until the Buyer provides evidence that the goods have been sent back, whichever occurs first. The refund shall be made using the same means of payment as the one used by the Buyer for the original transaction, unless the Buyer expressly agrees to another means of refund; in such case, the Buyer shall not incur any additional costs in connection with such refund.

The Consumer shall be liable for any diminution in the value of the goods resulting from handling the goods other than what is necessary to establish their nature, characteristics and functionality.

Exclusion of the right of withdrawal from a Contract

The Consumer shall not have the right to withdraw from a contract in the cases prescribed by Article 86 of the Consumer Protection Act, and in particular in the following cases:

1. the subject matter of the contract is a product whose price depends on fluctuations in the financial market which are beyond the trader's control and which may occur during the period in which the Consumer has the right of withdrawal from the contract;
2. the subject matter of the contract is goods made to the Consumer's specifications or clearly personalised;
3. the subject matter of the contract is perishable goods or goods with a short shelf life. This category includes fresh food products and other products with a short shelf life;
4. the subject matter of the contract is sealed goods which are not suitable for return for reasons of health protection or hygiene, if the goods have been unsealed after delivery;
5. the subject matter of the contract is goods which, by their nature, after delivery become inseparably mixed with other items;
6. the subject matter of the contract is the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract and the delivery of which can only take place after 30 days, where the price is dependent on fluctuations in the market which are beyond the trader's control;
7. the subject matter of the contract is the supply of sealed audio or video recordings or computer software which have been unsealed after delivery;
8. the subject matter of the contract is the provision of accommodation other than for residential purposes, the provision of transport of goods, vehicle rental services, catering services or services related to leisure activities, where the contract provides for the service to be provided on a specific date or during a specific period.