BUSINESS TERMS AND CONDITIONS

LEGAL BASIS

The terms and conditions of business are based on the law and in accordance with the Consumer Protection Act published in the Official Gazette 41/14 – Conclusion of contracts outside business premises and distance contracts.

BUSINESS TERMS AND CONDITIONS

The services of the AB Mobile webshop can be used by any legal and natural person (hereinafter referred to as the "BUYER") in the online store of the company AB Mobile Doo, which is also the owner of the AB Mobile online store.

The seller of the products of the online store "AB Mobile" is the company AB Mobile Doo, with headquarters at Velika ulica 33a, NOVIGRAD 52466, HR

PRODUCT DESCRIPTION

AB Mobile doo tries to provide the best and most accurate description and image. However, we cannot guarantee that all the information and images provided are completely accurate, as they were taken from the supplier or the www. We reserve the right for any errors in the product description or printing errors.

Errors in the price description are solely borne by AB Mobile.

PRODUCT PRICES

All products and prices of the AB Mobile online store are retail (final prices for the customer) and expressed in Croatian kuna for cash payment (payment on delivery, bank transfer, internet banking and payment with HUB payment form).

Credit card prices are stated below the product price with the note "Credit card price" and include the card company's fee.

PRODUCT DELIVERY

AB Mobile, as a contractual user of Croatian Post, delivers all packages via HP express service (e-package).

PAYMENT TYPE

Payment is made exclusively by transfer to the bank account, IBAN of AB Mobile via a general HUB payment slip, internet banking or cash on delivery (cash payments). For payments made via a PAYPAL user account, the conversion of funds is carried out at the current SALES RATE for cash, checks and letters of credit determined by PAYPAL.

ORDERING

Ordering products is done exclusively through the shopping cart after registration and as such is irrevocable. If the ordered product cannot be delivered within the specified period (the product is not in stock or it is no longer possible to order it from the mobile equipment supplier), AB Mobile will immediately notify the customer, who can cancel the order or accept a new delivery date or choose another similar product in the same price range. AB Mobile has the right to request reimbursement from the customer for all handling costs related to the delivery and delivery of the ordered products.

GUARANTEE

All electronic devices from AB Mobile store have a minimum one-year warranty. Most mobile devices have a 24-month warranty unless otherwise specified by a higher or lower warranty period. Each smartphone is delivered with a warranty card to the buyer of the product. The buyer is obliged to keep the warranty card and receipt for the entire warranty period, as these are the only documents with which the buyer can exercise his warranty rights.

The warranty on used phones is 3 months.

AB Mobile guarantees that the product, if used properly and in accordance with the enclosed instructions, will function properly during the warranty period. The manufacturer's service network undertakes to, upon your request submitted during the warranty period, at its own expense, eliminate in its (or contracted) service premises all defects and technical deficiencies of the product that have arisen during normal use during the warranty period. If the defect is not eliminated within the legally prescribed period after receiving the product for service, the service undertakes to replace the product with a new one (or refund the money), in agreement with the consumer.

RETURN TO UNILATERAL TERMINATION OF THE CONTRACT – Section IV (OG 41/14).

The consumer has the right, without giving reasons, to unilaterally terminate a contract concluded outside business premises or at a distance within 14 days in accordance with the EU Consumer Rights Directive of 13 June 2014, as well as the Consumer Protection Act.

MERCHANT'S OBLIGATIONS IN CASE OF UNILATERAL TERMINATION OF THE AGREEMENT

If the consumer exercises his right to unilaterally terminate the contract, the trader must, without delay, and no later than 14 days from the day on which he received notification of the consumer's decision to terminate the contract, reimburse to the consumer everything that the consumer has paid under the contract, except for the reimbursement of additional costs resulting from the consumer's express choice of a type of transport other than the cheapest type of standard transport offered by the trader.

The consumer is obliged to notify the seller of the cancellation of the order in writing at a b.mobile@gmail.com. In the event of an order cancellation, the consumer is obliged to bear the costs of returning the goods. The return is made no later than 14 days. The product returned by the consumer to the seller must be in its original packaging, with all accompanying parts and accessories, undamaged and in full working order. The seller will not accept a return if the product has been modified in any way in the form of repair or alteration, or if the error was caused by unprofessional or careless handling, or if the product shows visible signs of use, or the product has not been returned with all accompanying items in the set.

EXCLUSION OF THE RIGHT TO TERMINATE THE CONTRACT

There are certain conditions when the consumer's right to unilaterally terminate the contract is excluded. For example, if the service contract has been fully fulfilled by the trader and the fulfilment has begun with the consumer's express prior consent, if the subject of the contract is a good or service whose price depends on changes in the financial market that are beyond the trader's influence, if the subject of the contract is a good made to the consumer's specification or adapted to the consumer, or if the subject of the contract is a perishable good or a good that expires quickly, sealed good that is not suitable for return for health or hygiene reasons, if the subject of the contract is the provision of accommodation that is not intended for residential use, the provision of goods transport services, vehicle rental services, food and beverage delivery services or leisure services, if it is agreed that the service will be provided on a specific date or during a specific period, etc.

All exclusions of the consumer's right to unilateral termination of the contract are prescribed in Article 79 of the Consumer Protection Act.

Consumer Protection Act, Articles 57-79 (Official Gazette 41/14)

(1) Before a consumer concludes an off-premises contract, i.e. a distance contract, or is bound by a corresponding offer, the trader must inform him in a clear and comprehensible manner about:

1. the main characteristics of the goods or services, to the extent appropriate to the goods or services and the medium used for the transmission of the information

2. your name and registered office, telephone number and, if available, email address

3. if applicable, the name and registered office of the trader in whose name and/or on whose account he/she is acting

4. the geographical address of the place of business, or the geographical address of the place of business of the trader in whose name and/or on whose account he acts, and to which the consumer can address his complaints, if this place is different from the registered office referred to in point 2 of this Article

5. the retail price of the goods or service, and if the nature of the goods or service does not allow the price to be calculated in advance, the method of calculating the price and, if applicable, other costs of transport, delivery or postal services, or that these costs may be charged, if they cannot be reasonably calculated in advance

6. the costs of using means of remote communication for the purpose of concluding a contract, if these costs are not charged at the basic rate

7. payment terms, terms of delivery of goods or provision of services, time of delivery of goods or provision of services and, if any, the manner in which consumer complaints are resolved by the trader

8. the conditions, deadlines and procedure for exercising the right to unilaterally terminate the contract, as well as the form for unilaterally terminating the contract in accordance with Article 74, paragraph 1 of this Act, in cases where this right exists

9. to the fact that the consumer is obliged to bear the costs of returning the goods in the event that he exercises his right to unilaterally terminate the contract from Article 72 of this Act, that is, on the costs of returning the goods, in the event that the goods, due to their nature, cannot be returned by mail in the usual way

10. that, in the event that the consumer exercises his right to unilaterally terminate the contract under Article 72 of this Act after having made a request in accordance with Article 64 or Article 70 of this Act, he shall be obliged to pay the trader a reasonable part of the price in accordance with Article 77, paragraph 7 of this Act

11. that the consumer cannot use the right to unilateral termination of the contract from Article 72 of this Act, in cases where, based on Article 79 of this Act, that right is excluded, i.e. the conditions under which the consumer loses the right to unilateral termination of the contract

12. the existence of liability for material defects

13. services or assistance offered to the consumer after the sale and the conditions for using these services or assistance, if provided by the trader, as well as any guarantees issued with the goods or service

14. the existence of appropriate rules of conduct for the trader, as defined in Article 5, point 18 of this Act

15. the duration of the contract, if the contract is concluded for a fixed period, or the conditions for cancellation or termination of a contract concluded for an indefinite period, or which is automatically extended

16. the minimum period during which the consumer is bound by the contract, if any

17. the deposit or other financial security that the consumer is obliged to pay or obtain at the trader's request, as well as the conditions for paying that deposit or obtaining other financial security

18. if applicable, the functionality of the digital content, including the necessary technical protection measures for that content

19. if applicable, the interoperability of the digital content with computer or software equipment of which the trader knows or should have known

20. out-of-court dispute resolution mechanisms, or redress systems, and how consumers can use them.

(2) The provisions of paragraph 1 of this Article also apply to contracts that have as their subject matter digital content that is not delivered on a physical medium.

(3) The notices referred to in paragraph 1 of this Article shall form an integral part of the contract concluded outside business premises or the contract concluded at a distance and may not be changed unless the parties have expressly agreed otherwise.

(4) If an off-premises contract or a distance contract is concluded for an indefinite period or a subscription is agreed upon, the total price referred to in paragraph 1, item 5 of this Article refers to the total costs in a particular accounting period.

(5) If a fixed fee is agreed in the contract from paragraph 4 of this article, the total price from paragraph 1 point 5 of this article includes the total monthly costs.

(6) If in the contract referred to in paragraph 4 of this Article the total price cannot be reasonably calculated in advance, the consumer must be informed of the method of price calculation.

(7) If the trader fails to inform the consumer of the additional costs provided for in paragraph 1, points 5 and 9 of this Article, and paragraphs 4 to 6 of this Article, the consumer is not obliged to bear those costs.

(8) The notice referred to in this Article must be written in the Croatian language and in the Latin script, which does not exclude the possibility of using other languages ​​at the same time.

Article 58

(1) The notification obligation under this section supplements the notification obligation under the Services Act and the Electronic Commerce Act.

(2) If the provisions of the Services Act and the Electronic Commerce Act regarding the content and manner of providing information are in conflict with the provisions of this Act, the provisions of this Act shall apply primarily.

Article 59

In the case of contracts concluded outside business premises or distance contracts through a public auction, the information referred to in Article 57, paragraph 1, items 2 to 4 of this Act may be replaced by appropriate details about the auctioneer.

Article 60

In relation to the notification obligation under this section, the burden of proof lies with the trader.

Method of notifying consumers about the right to unilateral termination of the contract

Article 61

(1) The notifications referred to in Article 57, paragraph 1, items 8 to 10 of this Act may be provided in the form of an information form on the right to unilaterally terminate the contract referred to in Article 74, paragraph 1 of this Act.

(2) The trader shall be deemed to have fulfilled the obligation referred to in paragraph 1 of this Article if he has handed over to the consumer a correctly completed information form.

Section II.

Formal requirements for concluding a contract

outside the business premises

Article 62

In the case of concluding a contract outside the business premises, the notification from Article 57, paragraph 1 of this Act must be given to the consumer on paper or, with the consent of the consumer, on another permanent medium and must be legible and written simply and comprehensibly.

Article 63

(1) In the case of an off-premises contract, the trader must provide the consumer with a copy of the contract or a written confirmation of an oral contract on paper or, with the consumer's consent, on another durable medium.

(2) If necessary, the contract or written confirmation of the concluded contract from paragraph 1 of this article must also contain confirmation of the consumer's prior consent from article 79, item 13 of this Act.

Article 64.

A consumer's request to commence the performance of a contracted service or delivery of water, gas or electricity sold in unlimited volume or quantity, or delivery of heat energy, before the expiry of the deadline for unilateral termination of the contract referred to in Article 72 of this Act must be given on a durable medium.

Article 65

(1) If a contract concluded outside business premises relates to repair or maintenance services, is concluded at the express request of the consumer, the amount to be paid by the consumer does not exceed HRK 1,500.00, and it is provided that the parties shall fulfil their contractual obligations immediately, the trader must provide the consumer with the information referred to in Article 57, paragraph 1, items 2 and 3 of this Act on paper or, with the consumer's consent, on another durable medium, as well as information on the price or the method of calculating the price with an estimate of the total price, while the trader may provide the information referred to in Article 57, paragraph 1, items 1, 8 and 11 of this Act orally only with the consumer's express consent.

(2) In the case of concluding a contract referred to in paragraph 1 of this Article, the written confirmation of the verbally concluded contract must contain all the information referred to in Article 57, paragraph 1 of this Act.

Section III.

Formal requirements for concluding a distance contract

Article 66

(1) In the case of a distance contract, the notification from Article 57, paragraph 1 of this Act must be adapted to the means of remote communication used and must be communicated in a simple and comprehensible language, and if it is given on a permanent medium, it must also be legible.

(2) If the contract is concluded through a means of remote communication that allows a limited space or a limited time to display the notification, the trader is obliged to inform the consumer through that means of remote communication at least about the information from Article 57, paragraph 1, points 1, 2, 5, 8 and 15 and paragraphs 4 to 6 of this Act.

(3) If, for the purpose of concluding a contract, a trader contacts a consumer by telephone, he is obliged to state his identity at the beginning of the communication, or the identity of the person in whose name and/or on whose account he is acting, and the commercial purpose of the call, which does not exclude the trader's obligation from paragraph 2 of this Article.

Article 67

(1) If, pursuant to a contract concluded electronically, the consumer would be obliged to make a specific payment, the trader must, before the consumer places the order, clearly and visibly inform the consumer of the information referred to in Article 57, paragraph 1, items 1, 5, 15 and 16 and paragraphs 4 to 6 of this Act.

(2) In the case referred to in paragraph 1 of this Article, the trader is obliged to enable the consumer to clearly state at the time of placing the order that he is aware that the order includes an obligation to pay.

(3) If an order requires the activation of a screen field or similar function, that screen field or similar function must be marked in an easily visible manner with the words "order with payment obligation" or a similar unambiguous expression explaining that the order includes a payment obligation.

(4) If the trader fails to fulfill his obligations under this Article, the contract shall be null and void, i.e. the consumer's order shall be non-binding.

Article 68.

The merchant's website must clearly and legibly indicate, at the latest at the beginning of the ordering process, whether there are any specific delivery restrictions and which payment methods are accepted.

Article 69

(1) Within a reasonable time after the conclusion of a distance contract, and at the latest at the time of delivery of the goods or the commencement of the performance of the service, the trader shall be obliged to provide the consumer with a confirmation of the concluded contract on a durable medium.

(2) The confirmation referred to in paragraph 1 of this Article must include information on all the information referred to in Article 57, paragraph 1 of this Act, unless such information has already been provided to the consumer on a durable medium prior to the conclusion of the contract, as well as confirmation of the consumer's prior consent referred to in Article 79, item 13 of this Act, if applicable.

Article 70

The consumer's request that the performance of the contracted service or delivery of water, gas or electricity sold in unlimited volume or quantity, or the delivery of thermal energy commence before the expiry of the deadline for unilateral termination of the contract referred to in Article 72 of this Act, must be explicitly stated.

Article 71

The provisions of this section do not affect the application of the Electronic Commerce Act in relation to the conclusion of contracts and the delivery of orders electronically.

Section IV.

Right to unilaterally terminate the contract

General provisions

Article 72

(1) The consumer has the right, without giving reasons, to unilaterally terminate a contract concluded outside the business premises or concluded at a distance within 14 days.

(2) In the case of a purchase contract, the period referred to in paragraph 1 of this Article shall begin to run from the day on which the goods that are the subject of the contract are delivered into the possession of the consumer or a third party designated by the consumer, who is not the carrier.

(3) If the consumer has ordered several pieces of goods in one order that need to be delivered separately, or if the goods are delivered in several pieces or in several shipments, the period referred to in paragraph 1 of this Article shall begin to run from the day on which the consumer or a third party designated by the consumer, who is not the carrier, has been given possession of the last piece or the last shipment of goods.

(4) If regular delivery of goods has been agreed over a certain period, the period referred to in paragraph 1 of this Article shall begin to run from the day on which the first piece or first shipment of goods is delivered to the consumer or a third party designated by the consumer, who is not the carrier.

(5) In the case of concluding a service contract, a contract for the supply of water, gas or electricity sold in unlimited volume or quantity and the supply of thermal energy, as well as in the case of concluding a contract whose subject is digital content that is not delivered on a physical medium, the period referred to in paragraph 1 of this Article shall begin to run from the date of conclusion of the contract.

Failure to fulfill the obligation to inform about the right to unilateral termination of the contract

Article 73

(1) If the trader has not informed the consumer of his right to unilaterally terminate the contract in accordance with Article 57, paragraph 1, item 8 of this Act, the consumer's right to unilaterally terminate the contract referred to in Article 72 of this Act shall expire 12 months after the expiry of the termination period referred to in Article 72 of this Act.

(2) If the trader has delivered the notice from paragraph 1 of this article to the consumer within 12 months, counting from the deadlines specified in Article 72 of this Act, the right to unilaterally terminate the contract from Article 72 of this Act shall expire after 14 days from the day the consumer received that notice.

How to exercise the right to unilaterally terminate the contract

Article 74

(1) Before the expiry of the term for unilateral termination of the contract referred to in Article 72 of this Act, the consumer is obliged to notify the trader of his decision to terminate the contract by means of a form for unilateral termination of the contract or by means of any other unequivocal statement expressing his will to terminate the contract.

(2) The content and form of the form referred to in paragraph 1 of this article shall be prescribed by ordinance by the minister responsible for consumer protection.

(3) If the trader enables the consumer to unilaterally terminate the contract on its website, the consumer may unilaterally terminate the contract by completing the unilateral termination form or another unambiguous statement of termination and sending it to the trader electronically.

(4) In the case referred to in paragraph 3 of this Article, the trader is obliged, without delay, to deliver to the consumer a confirmation of receipt of the statement of termination on a durable medium.

(5) The consumer is obliged to send the declaration of termination of the contract before the expiry of the term for termination of the contract provided for in Articles 72 and 73 of this Act.

(6) The consumer is obliged to prove that he has exercised his right to unilateral termination of the contract in accordance with the provisions of this article.

Effect of unilateral contract termination

Article 75

(1) If the consumer exercises his right to unilaterally terminate the contract from Article 72 of this Act, the parties are not obliged to fulfill their obligations from the contract concluded outside the business premises and the contract concluded at a distance, i.e. in the event that the offer to conclude the contract was made by the consumer, the parties are not obliged to conclude the contract.

(2) In the event of termination of the contract, each party shall be obliged to return to the other what it has received under the contract, in accordance with the provisions of this section.

(3) The consumer is not obliged to reimburse any costs resulting from the exercise of his right to unilaterally terminate the contract referred to in Article 72 of this Act, except for those provided for in Article 76, paragraph 2, and Article 77 of this Act.

Obligations of the merchant in case of unilateral termination of the contract

Article 76

(1) If the consumer exercises his right to unilaterally terminate the contract under Article 72 of this Act, the trader must, without delay, and no later than 14 days from the date on which he received notification of the consumer's decision to terminate the contract in accordance with Article 74 of this Act, refund to the consumer everything paid by the consumer under the contract.

(2) By way of derogation from paragraph 1 of this Article, the trader is not obliged to reimburse additional costs resulting from the consumer's explicit choice of a type of transport other than the cheapest type of standard transport offered by the trader.

(3) In the case of a sales contract, unless the trader has offered to collect the goods returned by the consumer himself, the trader must refund the amount paid only after the goods have been returned to him, or after the consumer has provided him with proof that he has sent the goods back to the trader, if the trader was informed of this before receiving the goods.

(4) The trader must make the refund referred to in paragraph 1 of this Article using the same means of payment used by the consumer when making the payment, unless the consumer expressly agrees to another means of payment, and provided that the consumer is not obliged to pay any additional costs for such refund.

Obligations of the consumer in case of unilateral termination of the contract

Article 77

(1) Unless the trader has offered to collect the goods returned by the consumer himself, the consumer must return the goods without delay and at the latest within 14 days from the day on which he informed the trader of his decision to terminate the contract in accordance with Article 74 of this Act.

(2) The consumer shall be deemed to have fulfilled his obligation referred to in paragraph 1 of this Article on time if, before the expiry of the period referred to in paragraph 1 of this Article, he sends the goods or hands them over to the trader, or to a person authorised by the trader to receive the goods.

(3) The consumer shall bear only the direct costs of returning the goods, unless the trader has agreed to bear those costs or the trader has failed to inform the consumer that he is obliged to bear those costs.

(4) If, in the case of a contract concluded away from business premises, the goods have been delivered to the consumer's home at the time of conclusion of the contract, the trader must take possession of the goods at his own expense if, due to their nature, it is not possible to return the goods in the usual way by post.

(5) The consumer is responsible for any decrease in the value 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.

(6) By way of derogation from paragraph 5 of this Article, if the trader has not informed the consumer of his right to unilaterally terminate the contract in accordance with Article 57, item 8 of this Act, the consumer shall not be liable for any diminution in value of the goods, regardless of the cause of the diminution in value of the goods.