HP–Hrvatska pošta d.d. Jurišićeva 13, 10000 Zagreb
Reg. No.: 1414895; PIN: 87311810356; Court Reg. No.: 080266264
Commercial bank: HPB d.d. Zagreb,
IBAN: HR1623900011100018674
Phone: 072 303 304; e-mail: epostshop@posta.hr
Introductory provisions
These General Terms and Conditions of product and service (hereinafter: products) purchase of ePost shop HP – Hrvatska pošta d.d. (hereinafter: General Terms and Conditions) have been drawn up in accordance with the regulations applicable in the Republic of Croatia, in particular with the Civil Obligations Act, General Data Protection Regulation and the Act on the Implementation of the General Data Protection Regulation, Electronic Commerce Act, as well as the Consumer Protection Act.
These General Terms and Conditions apply primarily to the Seller and the Buyers of products in the ePost-shop as counterparties, as well as to all users of the
www.epostshop.hr website (hereinafter: ePost shop website), together with the prices and other information published on the ePost shop website. Visitors (buyers) of the ePost shop will not be able to order and purchase the products offered on the website unless they confirm that they are familiar with and agree to these General Terms. By accepting these General Terms and Conditions, visitors or buyers confirm that the product information and other elements of the pre-contractual information, all contained in these General Terms and Conditions and on the ePost shop website, were communicated to them.
The Seller acting through the ePost online shop (hereinafter: ePost shop) as well as the information society service provider is HP - Hrvatska pošta d.d., Jurišićeva ulica 13, 10000 Zagreb, personal identification number (OIB): 87311810356, entered in the court register of the Commercial Court in Zagreb under the company's registration number (MBS): 080266264, IBAN: HR1623900011100018674; BIC/SWIFT: HPBZ HR 2X, with a commercial account opened with HPB d.d., Zagreb, phone number: 072 303 304; e-mail: epostshop@posta.hr (hereinafter: Seller).
The Seller denies liability for any issues that may arise from the fact that the website visitor or the buyer has failed to read these General Terms or familiarize himself/herself with the product prices published on the ePost shop website.
1 Basic information
1.1. By these General Terms, the Seller regulates the terms and conditions of purchase, i.e. terms and conditions for the formation of the contract on the sale and purchase of products in the ePost shop (hereinafter: the Contract), as well as the Buyer's and Seller's rights and obligations involving the ordering, contracting, delivery, payment and complaints procedure concerning the Seller’s products offered on the Seller’s website, namely the ePost shop website, where the contracting and ordering of said products involves distance sales and purchasing using the means of distance communication. These General Terms and Conditions regulate the rights and obligations of Buyers who are also natural persons – consumers, which includes provision of mandatory pre-contractual information to buyers, liability arrangements of the Seller for physical defects of sold goods, enabling the consumer to file a written complaint, prerequisites, conditions and procedure of exercising the right of unilateral contract termination, and other issues.
1.2. A buyer is any natural person or legal entity who, upon registration or without registration on the ePost shop website, is using the means of distance communication to enter his/her personal data or data about the legal entity using an electronic form and to order at least one product from the crypto shop website, provided that the order is accepted by the Seller. A buyer must be of legal age and legally competent. Contracts in the name and for the account of underage persons or legally incompetent persons can be concluded only by their legal representatives, while persons with partial legal capacity can conclude a contract only with the consent of their legal representative. A website visitor is any person using the means of distance communication to access the ePost shop website.Consumer means any natural person who concludes contracts or is acting for purposes, which are outside his trade, business, craft or profession. The seller is not liable for any conduct contradicting this provision.
1.3. User means both the Buyer and website visitor.
1.4. Within the meaning of these General Terms, distance selling and purchasing means selling/purchasing a product under an organized scheme without the simultaneous physical presence of the Seller and the consumer, with the exclusive use of the ePost shop website up to and including the time at which the contract is concluded.
2 Product notification, ordering and contract conclusion
2.1. The Seller undertakes to regularly maintain the ePost shop website and provide visitors and customers with unambiguous, clear and easily understandable information on the ePost shop products that can be ordered.
2.2. The visitor or the Buyer, including the Buyer who is also the customer receives pre-contractual information in accordance with the Consumer Protection Act as well as notifications in accordance with the Electronic Commerce Act before ordering a product, and is informed through these General Terms and Conditions and the data contained on ePost shop website, and with the help of the ordering process established by the Seller which ensures that the visitor or the Buyer cannot enter into a distance contract or be obliged by an appropriate offer without agreeing to these General Terms and Conditions.
2.3. The Seller’s Customer Service is available to Buyers in accordance with the working hours indicated on the ePost shop website to provide all necessary information regarding the products. The Buyer may call the Customer Service on the phone number: 072 303 304 or other numbers stated on the official website for this purpose or contact it via the official e-mail address: epostshop@posta.hr, or by sending an inquiry by regular mail to HP-Hrvatska pošta d.d., 10002 Zagreb, PO 514.
2.4. Products can be ordered 24 hours a day, seven days a week. The visitor or the Buyer orders by choosing the desired product from those offered on the ePost shop website, and by filling in an electronic form in which personal data and/or data on legal entity and other data are entered in accordance with the default content of the form and then by selecting the payment method, as a part of which he or she at the same time confirms that he/she is familiar with the provisions of these General Terms and Conditions and fully agrees with them. The Seller immediately sends a confirmation in the format of the form “Information about the completed order” (hereinafter: Confirmation) to the Buyer that selects Cash on Delivery, or Payment based on an offer referred to in these General Terms and Conditions, while the Buyer that selects other methods of payment described in item 5 of these General Terms and Conditions, receives Confirmation by the Seller upon payment. The Confirmation is sent to the Buyer's e-mail address provided by the Buyer to the Seller at the time of ordering. The contract is concluded as soon as the Seller sends the Confirmation to the Buyer, whereby it is considered to be delivered as soon as the Buyer can access it (e.g. when it has been delivered to the Buyer in the so-called Inbox). The Confirmation also represents the confirmation of the concluded distance contract in compliance with the Consumer Protection Act, and shall include a confirmation with all data of the prescribed pre-contractual information as well as other elements stipulated by this Act.
2.5. Orders and payments can be made from any country. However, by agreeing to these General Terms and Conditions, a website user acknowledges that the products can be delivered only to the countries specified on the ePost shop website.
2.6. The Seller is not obliged to accept the visitor’s or the Buyer's order.
3 Customer's Data
3.1. For completing a distance purchase, the user of the ePost shop website is obliged to enter the required information, including personal data, in the electronic form provided for this purpose and to fill in the relevant blanks on the website. By completing the form, the website user also confirms the accuracy and completeness of all the information entered therein, and is responsible for them.
3.2. Regarding natural persons, the Seller will collect only the following personal data on the ePost shop website:
- Mandatory data: first and last name, e-mail, country, city, ZIP code, street and house number, mobile/telephone number,
- Optional data: PIN, or VAT for foreign entities.
3.3. If necessary, at the Seller’s request, the website user shall provide to the Seller, within a specified time limit, all the information required by the Seller for the purpose of fulfilling the obligations arising from applicable regulations.
3.4. The Seller undertakes to maintain confidentiality of personal data of all website users who are natural persons using the ePost shop website, and to handle it in accordance with the General Data Protection Regulation, the Act on Implementation of GDPR and other applicable regulations. The data will be available only to the employees requiring such data to perform their work. All employees and business partners of the Seller are liable for adhering to privacy protection principles.
3.5. Personal data collected in the manner described in the previous paragraphs of this Article will be processed and stored during and after the fulfillment of the Seller’s obligations if there is a purpose of such processing (for instance, until the final settlement of a complaint or a dispute). The accompanying documentation pertaining to the fulfillment of the Seller’s obligations will be stored until expiry of the time limits stipulated by the regulations governing the storage of archival and registered materials.
3.6. The Seller undertakes to provide the website users who are natural persons with access to their personal data, the right to rectification or erasure of personal data or restriction of processing, the right to lodge a complaint and the right to data portability in accordance with the conditions and method of submitting such requests and complaints as stipulated in the Personal Data Protection Policy of HP-Hrvatska pošta d.d. (Croatian Post) (hereinafter: the Policy) published at www.posta.hr. The Policy also regulates all other issues pertaining to personal data processing. A website user who is a natural person also has the right to lodge a complaint with the supervisory authority, the Croatian Personal Data Protection Agency.
3.7. The Seller will not use personal data for any purposes other than those specified, nor will it transfer the data to any third parties without the explicit consent of the website user. Any amendments to the Seller's Personal Data Protection Policy will be published on said website.
4 Price
4.1. Product prices are listed for each product individually on the ePost Shop website. By selecting and ordering a product, the Visitor confirms that he/she is familiar with the prices of the selected products indicated on the ePost shop website at the moment of placing an order and agrees thereto.
4.2. All prices shown on the ePost shop website are expressed in Croatian national currency, Croatian kuna (HRK) and are inclusive of VAT, except where the products are exempt from VAT. The VAT is calculated in accordance with the Value Added Tax Act.
4.3. The Seller is authorized to change prices and special forms of sale (special offers, sale and end-of-season sale, sale of damaged goods, etc.) at any time, in accordance with his/her own business judgments and the applicable regulations. The user is familiar with the fact that price changes are published on the Seller’s ePost shop website and undertakes to inform himself/herself thereof by examining the website before placing an order.
4.4. Prices, payment terms and special forms of sale apply to the product that has been ordered only at the moment when the Seller receives the order, provided that the Seller has accepted the order.
4.5. The Seller shall check if the price of each product on the website has been entered correctly. However, there is always a possibility of an error, because the prices are entered manually. If this happens, the Seller will inform the Buyer during the ordering process about the incorrect price of a certain product and the inability to deliver a specific order. If the Buyer has already sent the payment, the Seller will return the received funds to the Buyer.
5 Methods of payment
5.1. The Buyer shall pay the ordered product according to the model selected by him or her during the ordering process.
5.2 Methods of payment are as follows:
1. One time online payment with credit cards listed on the website of the ePost shop;
2. Payment by PayPal service;
3. Payment per offer (advance payment – general payment slip or Internet banking):
If the Buyer wants to pay for the product offer, the Buyer can make an Internet order and select the payment option – payment per offer. After selecting the desired product or service and sending the order to the e-mail address, the Buyer will receive an automatically generated Confirmation with the amount due. The Buyer's order will be checked by an administrator. In this case, the product is sent only after the payment is visible on the Seller’s account.
4. Cash on delivery at the delivery address (by cash or digitally) to the courier or via parcel lockers (card transactions) at delivery without the payment service fee:
- cash on delivery is valid only for the delivery of products within the Republic of Croatia;
5. Payment through SWIFT transfer:
If the Buyers from abroad want to make a payment per offer, they can make a foreign currency transfer at the premises of their bank or through internet banking to the business account of the Croatian Post (HP-Hrvatska pošta d.d.) at Hrvatska poštanska banka (Croatian Post Bank),
- When paying by SWIFT service, the Buyer shall provide the following information:
- Recipient: HP-HRVATSKA POŠTA d.d., Jurišićeva 13, 10000 Zagreb, Republic of Croatia
- IBAN: HR16 2390 0011 1000 1867 4
- BIC/SWIFT: HPBZ HR 2X
- Reference to be used for the payment (offer number)
- Charging option.
Fees for foreign currency transfers are borne by the Buyer and are paid in the Buyer's bank of choice in accordance with the price list of the said bank.
6 Delivery
6.1. The provisions of this Article 6 on delivery apply to the physical delivery of products. In particular, in cases when the subject of delivery is a crypto stamp, the provisions of this Article apply only to the physical part of the crypto stamp that is delivered to the user’s address, while the virtual part of the crypto stamp, so called token (“non-fungible token”; “NFT”; hereinafter: token), created in accordance with the ERC721 standard, is delivered in the manner described in Article 7 of these General Terms and Conditions.
6.2. Delivery in the Republic of Croatia is performed by the Seller, exclusively to the delivery address specified by the Buyer when filling out the order. The Buyer can select the following delivery options in the national traffic: Delivery to the addressee
, delivery to a post office, delivery to the parcel locker, all of which is provided for in more detail in item 6.8. of these General Terms and Conditions. International delivery is performed by a designated postal operator of the destination country pursuant to the applicable regulations of the destination country and in accordance with its own terms and conditions for the provision of services.
6.3. Delivery times are calculated from the date of conclusion of the Contract.
6.4. Deadlines for delivery to the requested address in the Republic of Croatia are as follows:
a) delivery to other parts of the Republic of Croatia (excluding islands) – within 5 business days,
b) delivery to islands – within 7 business days.
6.5. International delivery deadlines are as follows:
- Europe: within 7 business days*,
- Other countries: within 12 business days*.
*The above international delivery deadlines are an average of international delivery times and represent only estimates since they depend on the prescribed handling procedures, circumstances, and rules of transit and destination post offices and countries.
6.6. Delivery time for the canceled stamps is extended by 48 hours.
6.7. The following does not count toward the delivery deadlines specified in these General Terms:
- the day of receiving the order (all orders where orders were placed after 1 p.m. on a specific day are considered as received on the next business day);
- the day of placing the order for shipment;
- delays caused by an incorrect and incomplete address of the Buyer;
- delays due to the unavailability of products beyond the control of the Seller (technical reasons);
- delay time due to non-delivery of proof of payment for ordered products by the Buyer (in case of payment per offer);
- delays caused by a force majeure event or traffic jams beyond the control of the Seller;
- non-working days (Saturday, Sunday and holidays);
- international mail – days required for customs clearance in the destination country.
The delivery costs are listed on the website of the ePost shop. The Buyer will be informed about the specific delivery costs during the process of ordering and prior to the conclusion of the Contract.
6.8. In case of the Delivery to address:
- An item will be delivered at the Buyer's address against signature;
- an item is considered delivered as soon as it has been delivered or attempted to be delivered to the Buyer;
- If the Buyer is not at home at the time of the attempted delivery of the item, the postman will leave an item arrival notification at the Buyer's address, stating the address of the Seller's post office or the address of a parcel locker where the item can be collected. If this occurs, the Buyer can collect the item at a post office or from a parcel locker, and the collection and other procedures will be carried out as usual when delivering to a post office or a parcel locker.
Delivery to post offices:
- A parcel will be delivered to the Buyer at the post office against signature;
- - an item is considered delivered as soon as it has been delivered to a post office;
- - the product is delivered to the address of the Seller's post office selected by the Buyer;
- The Seller will notify the Buyer by SMS, e-mail or the social network used by the Seller about the time of delivery of the item at the post office, i.e. the time at which the item can be collected, provided that the Buyer has specified his/her mobile phone number in the contact form;
- The Buyer can collect the item within the period set out in the acts referred to in item 6.9. of these General Terms and Conditions, beginning the day following the day of receipt of the notification of arrival;
- If the Buyer does not collect the item within the specified time frame, the item will be returned immediately to the Seller's original address and the Seller shall inform the Buyer by e-mail that the item has been returned and request the Buyer to specify further action, as required.
Delivery to parcel lockers:
- an item can be delivered via parcel lockers, and their locations and descriptions are available at www.posta.hr;
- The item can be collected from a parcel locker by entering a PIN or scanning the parcel bar code;
- an item is considered delivered as soon as it has been delivered to a
parcel locker;
- the Buyer will be notified about the delivery to a parcel locker by an SMS, e-mail or via the social network used by the Seller, provided that the Buyer has specified his/her mobile phone number in the contact form;
- The Buyer can collect the item within the period set out in the acts referred to in item 6.9. of these General Terms and Conditions, beginning the day following the day of receipt of the notification of arrival;
- If the Buyer does not collect the item within the specified time frame, the item will be returned immediately to the Seller's original address and the Seller shall inform the Buyer by e-mail that the item has been returned and request the Buyer to specify further action, as required.
6.9. For all matters regarding the delivery of goods, unless expressly provided otherwise in these General Terms and Conditions, the Seller's General Terms and Conditions for the provision of other postal services and the Seller's Terms and Conditions for the use of self-service parcel lockers, available at www.posta.hr, shall apply accordingly. However, they shall apply only with regard to the manner and operational conditions of the delivery of the item to the recipient, as well as to the liabilities of the recipient (Buyer) during delivery or acceptance of postal items, and to the consequences of the recipient's (Buyer's) actions and omissions during the delivery process, for example, returning the item to the sender, etc.
6.10. If the ordered product cannot be shipped/delivered or that the estimated delivery date is pushed back due to a reason attributable to the Seller, the Seller will inform the buyer about the issues that have arisen by e-mail or phone and a new delivery date will be agreed upon. In this case, the Seller will not be liable for such events.
6.11. At the moment of delivery, the buyer also receives all the documents accompanying the purchased product depending on the type of the product (e.g., a user manual), an invoice, and a receipt note, which the buyer must sign.
7 Special provisions for the delivery of tokens
7.1. In cases where the subject of the Contract for the purchase of products is a crypto stamp, as described on the ePost shop website as well as on the link referred to in this paragraph, it is delivered to the customer as a physical product in accordance with the provisions of Article 6 of these General Terms and Conditions, while the virtual part of the crypto stamp, so called token, which was created on the Ethereum platform, is delivered to the customer only once via the so-called “blockchain” technology through activation in accordance with the instructions provided on the ePost shop website as well as on the link:
https://kripto.posta.hr/marka/upute, and in accordance with the terms and conditions set forth by the Ethereum platform. A token, compared to so-called virtual currencies (cryptocurrency), does not constitute a digital representation of value and can not be a means of exchange or payment, however, it can represent a collectible item.
7.2. By accepting these General Terms and Conditions, the Buyer confirms and accepts that the activation of the crypto stamp incurs an additional cost that the Buyer shall pay to the Ethereum network in accordance with the terms of that network, and that the Seller has no insight into this cost nor is in any way related to it.
8 The Seller's and Buyer's liabilities
8.1. The Seller is not liable for any call charges, internet costs or other expenses that may arise while placing an order/submitting a request, or viewing/searching the ePost shop website at
www.epostshop.hr. Furthermore, the Seller is not liable for any damage that may arise from internet disconnections while using the online shopping service.
8.2. The Seller is in no way responsible for the relationship between the Buyer and the card bank, or other payment service provider, and does not guarantee or is responsible for the success of the sales process in cases where this process depends on the provision of services that are not directly controlled by the Seller.
8.3. The Buyer, who is not a customer, is obligated to examine the delivered goods immediately after collection (delivery/receipt) check the delivered product for any visible external damage to the shipment and/or package, and/or the products inside the shipment. In the event of such damage or defect, the Buyer shall immediately, but no later than 8 (eight) days, file a complaint with the delivery agent or the Seller. If a parcel is externally damaged, the Buyer can refuse to accept it, which will be documented in the protocol.
8.4. In the case referred to in the previous paragraph, the Buyer, who is also a consumer, is not obliged to immediately inspect the goods, but must notify the Seller about the visible defects within 2 (two) months from the date of their identification, and no later than 2 (two) years from the date of delivery. However, it is recommended that the Buyer - consumer inspect and open the product immediately upon delivery and check for any visible damage or other defects on the product, and should any be found, report it immediately to the delivery agent. Not doing so will probably significantly complicate proving when the damage occurred and, thus, the liability for the damage.
8.5. By signing the report of receipt of the item/shipment, the Buyer acknowledges that the shipment with the item and its packaging has been delivered in intact condition.
8.6. If the Buyer orders a product and refuses to collect it with no justification, the Seller has the right to invoice the amount of the direct costs of delivery and return of the product in cases provided for this purpose, and to retain this amount or a part of the invoiced amount on behalf of the purchase price.
8.7. If the Buyer received a product different from the purchased product, the Buyer shall be entitled to be supplied with the product actually ordered and, if this is impossible, the Buyer shall be entitled to a refund of the product price paid and the delivery price, if any, and shall return the erroneously delivered product. Such return must be notified by contacting customer service at 072 303 304 or by sending an e-mail to:
epostshop@posta.hr
8.8. The Seller shall try to ensure that the data published on the ePost Shop website is up-to-date and accurate. Nevertheless, product properties, time of shipment (delivery) or prices may change, so the Seller may fail to update the information on the website. Should this occur, the Seller will inform the Buyer of the changes and allow the Buyer to cancel the order or exchange the ordered product.
8.9. The Seller and the Buyer are not liable for failure to fulfill any commitment arising from the Contract and/or these General Terms and Conditions and/or for any delays if the failure or delay is caused by force majeure – circumstances beyond their control and beyond their will, which could not have been foreseen, prevented, avoided or eliminated, which directly affects the fulfillment of their commitments. Force majeure includes, but is not limited to: Natural disasters, martial law, strikes, a pandemic or an epidemic and/or related protective measures, embargoes, and restrictions.
9 Information on the consumer rights arising from liability for material defects
9.1. If the Buyer is a consumer, the Seller's liability for material defects of products are subject to the provisions of the Civil Obligations Act and the related provisions of the Consumer Protection Act. Furthermore, these General Terms and Conditions govern the basic rights of the Buyer as well as the information required to enable the Buyer to exercise his/her rights. The Buyer is liable for any impairment of the product resulting from the product handling other than that which is necessary to determine the nature, features and functionality of the product.
9.2. The Buyer is entitled to exercise his/her rights against the Seller based on liability for material defects of the products purchased in the ePost shop (product complaint).
9.3. A material defect exists, for instance, if a product does not correspond to the its description provided on the ePost shop website, lacks functionality, compatibility, interoperability and other features as specified in the description provided on the ePost store website, cannot be used in the customary manner, is not delivered with all accessories and instructions (if such are available), has been wrongly installed or assembled (if such applies to the product), and in other cases in accordance with the relevant regulations.
9.4. The Seller shall be liable for those material defects of the goods which were present at the time of passing the risk to the Buyer, specifically for those defects which were present or occurred by the time the goods were handed over to the Buyer.
9.5. The Seller shall not be liable for any material defects of the product caused after delivery of the product to the Buyer (e.g. if the material defect is a consequence of another defect existing at the time of delivery to the Customer).
9.6. The Buyer cannot rely on material defects if the Seller had explicitly and unequivocally informed the Buyer of the existing material defect and the Buyer accepted this.
9.7. In principle, the Buyer who has duly and timely notified the Seller of the material defect is entitled to choose between having the product repaired or replaced, however, due to the nature of the products that are the subject of sale in the ePost shop (philatelic products, accessories, etc.), the product can normally only be replaced.
9.8. The Seller may refuse to repair the material defect in the manner requested by the Buyer if the repair and replacement of the product are impossible or would involve disproportionate costs for the Seller, considering all circumstances.
9.9. The Buyer is entitled to a price reduction or termination of the contract, provided, however, that the Seller fails or refuses to repair the defect or fails to repair the defect in accordance with the applicable regulations, if the defect still exists despite the Seller's attempt to repair it, if the Seller declared that it will not repair the defect or if it is clear from the circumstances that it will not repair the defect within a reasonable period of time, or without significant inconvenience to the Buyer, and if the defect is so substantial that it would justify an immediate price reduction or termination of the contract.
9.10. The Buyer's right to terminate the Contract due to a material defect is not without conditions and is governed by the provisions of the applicable Obligations Act.
10 Contract term
10.1. The Contract remains in effect until the fulfillment of the obligations set forth therein, and until the Seller has delivered the product and the Buyer has completed the payment. These General Terms and Conditions are an integral part of the Contract.
11 Right to unilateral termination of the Contract by the Buyer, who is also the consumer
11.1. Given that shopping on the website of the ePost shop involves the conclusion of a distance contract, the Buyer, who is also the customer (hereinafter: Buyer – customer), is entitled, without stating the reason, to unilaterally terminate the contract within 14 (fourteen) days. The stated period starts from the day the Buyer –customer, or the person designated by the Buyer –customer, who is not the carrier, received the product.
11.2. The contract is terminated using the form for unilateral contract termination available at the following link:
Obrazac jednostranog raskida ePost shop.pdf, or through any other unambiguous statement in which the Buyer - customer state the will to terminate the contract, and which the Buyer - customer shall send by means of a registered mail to the Seller at the following address: HP-Hrvatska pošta d.d., 10002 Zagreb, p.p. 514, or by e-mail sent from the registered e-mail address which the Buyer - customer submitted on the ePost-Shop website for distance shopping to the following e-mail address of the Seller: epostshop@posta.hr. The Seller shall send the aforementioned form for unilateral termination of the contract together with the confirmation to the e-mail address of the Buyer – customer, provided at the time of placing the order. The Buyer – customer shall inform the Seller about the unilateral contract termination prior to the expiry of the contract termination deadline set out in the previous subparagraph of these Terms and Conditions.
11.3 The written notice shall state the data from the invoice/order (ordinal number, date, amount, product/service), data of the buyer - customer (name and surname, phone number and e-mail) and bank’s name and current account number to which the customer wants the refund, or the information on the different desired mode of refund (postal order, PayPal etc.). The contract is terminated at the moment when the Seller receives the notice of termination.
11.4. In the event of the unilateral contract termination, the contracting parties are not obliged to meet their obligations under the concluded distance contract and each contracting party is obliged to return to the other what it has received under the contract. The Buyer – customer who received the product must return it immediately, but no later than 14 days from the date of mailing the notice of termination to the Seller at the following address: HP-HRVATSKA POŠTA d.d., NSC, Odjel skladišnog poslovanja, Skladište poštanskih maraka – ePostShop, Poštanska 9, 10410 Velika Gorica, and shall bear the direct costs of returning the product. If the Buyer – customer has returned the product to the Seller before the expiry of the predetermined period, it is considered that the Buyer – customer has fulfilled the obligation to return the product in due time. In cases where the Buyer – customer has already paid for the goods, the Seller undertakes to refund to the Buyer – customer the total amount of the payment received from the Buyer – customer under the Contract. The Seller is not obligated to refund any additional costs incurred as a result of the Seller's explicit choice of a mode of transport other than the least expensive standard mode of transport offered by the Seller. The Seller must refund the amount paid only after the product has been returned to the Seller, i.e. after the Buyer has submitted a verification that the product has been sent to the Seller. The Seller shall refund the amount paid using the same means of payment that the Buyer used for payment, unless otherwise explicitly agreed by the Buyer and provided that the Buyer is not required to bear any additional costs for such refund.
11.5. The product returned by the Buyer – customer shall be unused, in the original packaging, with all pertaining parts and documents, undamaged and fully functional. The Buyer–customer is liable for any impairment of the product resulting from the product handling other than that which is necessary to determine the nature, features and functionality of the product. The Seller will inspect the condition of the product within 14 (fourteen) days after the return thereof and, if justified, will refund the purchase price. Where the Seller determines that the product has been used to an extent greater than was necessary to determine the nature, characteristics and functionality of the product, the Buyer has the right to unilaterally terminate the contract. However, if this occurs, the Seller must not refund the full amount of the price received by the Buyer. If such is the case, the Seller will determine by how much the value of the product has been reduced and will refund the Buyer – customer in proportion to the the amount by which the purchase price has been reduced. The Seller will estimate the product value compared to its value under normal market conditions after the product has been used. This reduction of the price will vary on a case-by-case basis. The reduction is likely to be at least 20% and even up to 100% if the product has been rendered unusable.
11.6. In cases where the subject of the Contract is the so-called “crypto stamp”, the Buyer – customer has the right to unilaterally terminate the Contract pursuant to the preceding paragraphs. However, the Buyer will lose the right to unilaterally terminate that Contract if, during the unilateral termination period referred to in paragraph 11.1., he or she initiates the activation process for delivery of the token referred to in Article 7.1 of these General Terms and Conditions. The crypto stamp, in addition to its physical part consisting of a stamp issued in accordance with the postal and/or postage stamp regulations, is connected to the token, a virtual part of the crypto stamp, located on the Ethereum platform and delivered to the Buyer – customer through its activation in accordance with the instructions on the ePost Shop website as well as in accordance with the terms and conditions of the Ethereum network. The said token does not constitute a thing with digital elements within the meaning of the definition set forth in the regulations regulating obligations and/or consumer rights, given that the absence of the token as digital content prevents the crypto stamp from functioning, insofar as it can be used without it, in accordance with its purpose and the regulations governing postal services and/or postage stamps. Token represents a delivery of digital content which is not delivered on a physical medium and it cannot be returned to the Seller after the its activation process. Moreover, by agreeing to these General Terms, the Buyer – customer simultaneously confirms that he/she is familiar with that fact and therefore gives his/her prior consent for the performance of the contract, in the event that the aforementioned activation process has been initiated, in relation to the delivery of digital content, to start immediately upon conclusion of the contract. Finally, based on the aforementioned, the Buyer acknowledges the fact that he/she will therefore lose the right to unilaterally terminate the contract.
12 Complaints
12.1. The provisions of these General Terms and Conditions on Buyer's Complaints shall apply to all Buyers, particularly, to Buyers – customers for whom the Seller shall enable the submission of written complaints in accordance with the Consumer Protection Act. If any questions, ambiguities or unsatisfaction, i.e. complaints, should arise, all buyers may contact the Seller by phone at the following number: 072 303 304, by e-mail at the following address:
epostshop@posta.hr and by regular mail at the following address: HP-Hrvatska pošta d.d., 10002 Zagreb, P.O. 514. Furthermore, every Buyer can send a written complaint to the indicated e-mail address and postal address of the Seller, or submit it to the Seller personally at the Seller's premises. The facts and evidence substantiating the complaint must be provided therein.
12.2. The Seller shall confirm the receipt of the Buyer's written complaint by e-mail without postponement and give a written response to the complaint within 15 (fifteen) days of the its receipt, clearly stating whether the complaint is valid or not.
12.3. The buyer may initiate a court or an out-of-court action regarding a complaint only after exhausting the procedures set forth in the previous paragraphs of this Article.
12.4. In the event of a dispute between the Buyer and the Seller, a complaint may be lodged before the Court of Honor of the Croatian Chamber of Economy or the Court of Honor of the Croatian Chamber of Trades and Crafts, or a mediation proposal can be lodged with mediation centers. The proceedings before the courts of honor are carried out in accordance with the Rule Book of the Court of Honor of the Croatian Chamber of Economy and the Rule Book of the Court of Honor of the Croatian Chamber of Trades and Crafts, which stipulate that the members of the Councils of said Courts, besides independent legal experts and the Seller’s representatives, also include consumer representatives. Mediation proceedings before mediation centers are carried out in accordance with the Mediation Act and the Rules on Mediation of the mediation center.
12.5. Under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, since 15 February 2016, any disputes pertaining to online shopping can be resolved using the Online Dispute Resolution (ODR) platform anywhere in the EU. The platform can be used by consumers and retailers, and complaints can be lodged in any of the official EU languages. The link to the platform is: https://ec.europa.eu/consumers/odr/
13 Confirmation of the concluded contract
13.1. In the case of distance purchasing, the Seller delivers to the Buyer a Confirmation of the concluded contract in accordance with item 2.4 Of these General Terms and Conditions.
14 Final provisions
14.1 The applicable Code of Conduct of the Seller as well as its amendments shall be published
on the website of the Service Provider at www.posta.hr.
14.2. These General Terms are available on the ePost shop website in Croatian and
English.
14.3. The Seller reserves the right to amend these General Terms at any time in accordance with the regulations and by publishing a notice on the ePost shop website.
14.4. The buyers shall be obliged to keep themselves informed of these General Terms and Conditions by inspecting the ePost shop
website.
14.5. The Seller and the Buyer shall attempt to resolve all possible disputes regarding the application and execution of these General Terms and Conditions by mutual agreement, and in the event of a court dispute, the court in Zagreb shall have territorial jurisdiction. The relations between the Seller and the users governed by these General Terms and Conditions and in relation to them are subject to Croatian law.
14.6. These General Terms and Conditions shall enter into force and be applied as of 15 December 2022.
14.7. By the entry into force of these General Terms and Conditions, the current Terms of the ePost shop products purchase from 30 December 2020 shall cease to be valid.
HP-Hrvatska pošta d.d.
Management Board Member President of the Management Board
Hrvoje Parlov Ivan Čulo
