Product exchange, complaints and return
Product Exchanges, Complaints and Returns
This page explains the customer’s rights in cases of incorrectly delivered, damaged or defective goods, lack of conformity, withdrawal from the contract, return of goods and reimbursement.
A complaint concerning defective or non-conforming goods and withdrawal from the contract are separate procedures.
1. Complaints and Lack of Conformity
The customer may submit a complaint if:
- the ordered product was not delivered
- an incorrect quantity or an incorrect product was delivered
- the product is defective
- the product or bottle arrives damaged
- the product does not correspond to its description or other agreed characteristics
A complaint or written consumer complaint may be submitted by e-mail to mamm.destilerija@gmail.com or by post to:
MAMM obrt za proizvodnju jakih alkoholnih pića
Dragutina Domjanića 58
33405 Pitomača
Croatia
The complaint should preferably include the order number, a description of the issue and the customer’s contact details. Where necessary to establish the nature of the issue, the customer may attach photographs of the product, bottle, label, packaging and transport packaging.
The trader will confirm receipt of a written consumer complaint without undue delay and respond to it in writing no later than 15 days after receiving it.
If the product has a lack of conformity that existed at the time of delivery or resulted from a cause that already existed at that time, the consumer may exercise the rights provided under the Croatian Civil Obligations Act.
For alcoholic beverages, a justified complaint may relate, for example, to a damaged or improperly sealed bottle, delivery of the wrong product, deviation from the declared characteristics, contamination or another demonstrable defect. Personal dissatisfaction with the taste of the product does not in itself constitute a lack of conformity.
A justified complaint will generally be resolved by replacing the product with a product free from defects. A price reduction or termination of the contract may be requested under the conditions prescribed by law.
2. Right of Withdrawal
The consumer has the right to withdraw from a contract concluded through the online shop within 14 days without giving any reason.
The withdrawal period begins on the day on which the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.
If several products ordered in a single order are delivered separately, the withdrawal period begins on the day on which the consumer takes physical possession of the final product or the final delivery.
How to Submit a Withdrawal Request
A withdrawal request may be submitted:
- through the online “Contract Withdrawal” function
- by e-mail to mamm.destilerija@gmail.com
- by post to the trader’s address
- by using the statutory model withdrawal form
Use of the model withdrawal form is not mandatory. The consumer may submit any other clear and unambiguous statement indicating the decision to withdraw from the contract.
After a request is submitted through the online function, the trader will send the consumer confirmation of receipt on a durable medium, including by e-mail, without undue delay. The confirmation will include the details of the request and the date and time of submission.
3. Returning Goods Following Withdrawal
The consumer must return or hand over the goods to the trader without undue delay and no later than 14 days after informing the trader of the decision to withdraw from the contract.
Goods must be returned to:
MAMM obrt za proizvodnju jakih alkoholnih pića
Dragutina Domjanića 58
33405 Pitomača
Croatia
The consumer bears the direct cost of returning the goods.
The consumer must adequately protect and package the goods to prevent breakage or other damage during return transport.
The consumer is liable for any diminished value of the goods resulting from handling beyond what was necessary to establish their nature and characteristics. If a product has been opened, used or partially consumed, or if its safety seal, protective label or protective closure has been removed or damaged, the trader may take the resulting diminished value into account in accordance with applicable law.
The original transport or decorative packaging is not an absolute condition for exercising the right of withdrawal. However, the consumer is liable for damage or diminished value resulting from inappropriate handling, protection or packaging during the return.
4. Reimbursement
In the event of a valid withdrawal, the trader will reimburse all payments received from the consumer, including the cost of the least expensive standard delivery method offered by the trader.
If the consumer selected a delivery method that was more expensive than the least expensive standard delivery method offered, the trader is not required to reimburse the additional delivery cost.
The reimbursement will be made without undue delay and no later than 14 days after the trader receives the consumer’s notice of withdrawal.
The trader may withhold reimbursement until the returned goods are received or until the consumer provides evidence that the goods have been sent back, whichever occurs first.
The reimbursement will be made using the same means of payment used by the consumer, unless the consumer expressly agrees to another method and does not incur any additional costs as a result.
For cash-on-delivery payments, the consumer must provide an IBAN or other information required to process the reimbursement.
5. Damage During Delivery
If the package or bottle is damaged during delivery, the customer is advised to photograph the outer and inner packaging and the product and to contact the trader as soon as possible.
The customer is also advised to report visible damage to the carrier and request that the damage be officially recorded.
Failure to report the damage to the carrier immediately does not in itself exclude the customer’s statutory rights against the trader.
The customer exercises statutory rights against the trader. Submitting a complaint to the delivery service does not replace the trader’s responsibility towards the customer.
