Consumer protection

Consumer rights in distance selling and off-premises contracts

Useful tips before shopping online

Check the reliability of the trader you are buying from. In the event that the trader is based in the Republic of Croatia, the Court Register and the Register of Trades and Crafts are at your disposal to verify the trader's status. Additionally, check reviews for the specific trader, as well as previous consumer experiences through forums or social networks.
Furthermore, you can verify the trader's website using the CERTiffy online store verification service, developed by CARNET's National CERT department. 
 
Read the general terms and conditions highlighted on the trader's website, as they form an integral part of the sales contract.
 
Always check how your personal data is being used, and do so before ordering a product. Once the order is confirmed, the contract is considered concluded.

Save and print the order confirmation and verify that you provided the correct email address during the ordering process.

Six rules for online shopping
  1. Don't fall for "incredible" offers! Unbelievably good deals are often exactly that - unbelievable. Be especially careful when checking terms marked with an asterisk “*” and other fine print.
  2. It's not all about cash: choose a secure payment method! Never pay in advance using any form of cash transfer, as it is unlikely your money will be returned if something goes wrong. Check if the trader's website offers a secure payment method. It is generally safe if a small key or padlock icon appears at the bottom of your screen, or if the web address begins with https://. This indicates a secure channel and a trustworthy network.
  3. Check if the price is truly correct! The trader must display the final price, including VAT, other public charges, and any potential administrative costs. Delivery options and costs should be clearly explained, and their prices explicitly stated.
  4. Don't talk to "strangers"! Ignore unsolicited emails (spam) and be cautious with unexpected messages. Do not send personal or financial data. If you are asked for such information via email, do not open suspicious links or unknown attachments.
  5. Be particularly careful when applying for "instant" online loans! Always proceed with caution when asked to provide personal data; in these cases, requested information includes your ID card number and Personal Identification Number (OIB), and sometimes even a copy of your ID card. Verify whether a loan advertiser promoting services on various websites and social media platforms is actually authorized to legally provide credit services in Croatia.
  6. Keep your documentation! Save all documentation related to your order. This will make it easier to prove your claims if you need to file a complaint regarding your purchase.
Right to information
Before you conclude a distance contract (for example, online or via telephone) or an off-premises contract (for example, presentations in a consumer's home, stalls in shopping malls), the trader is obliged to inform you about various aspects of the contract, such as product characteristics, delivery, etc. Mandatory information that the trader must provide is regulated by Articles 46 and 60 of the Consumer Protection Act.

Concluding contracts via telephone
In cases where traders contact consumers via telephone for sales purposes, they have to at the beginning of the communication state their identity, i.e. identity of the person on whose behalf and/or for whose account they are acting, as well as the commercial purpose of the call.


Concluding service contracts via telephone
In cases involving the conclusion of service contracts (for example, providing fixed internet services), as opposed to the sale of goods, traders have to deliver the offer to consumers on a durable medium in a way that makes it possible to unequivocally determine the moment the offer was received. The contract itself is considered concluded only after consumers, following receipt of the trader's offer, submit to the trader a confirmation of their consent to conclude the contract.

Right to unilateral termination of contract without giving reasons
Consumers have the right, without stating any reasons, to unilaterally terminate an off-premises or distance contract within 14 days.
 
If the trader has informed consumers of their right to unilaterally terminate the sales contract, the 14-day period begins to run from the day the goods constituting the subject of the contract are delivered into the possession of consumers or a third party designated by consumers, other than the carrier. If consumers ordered multiple items in a single order that are to be delivered separately, or if the goods are delivered in multiple pieces or multiple shipments, the 14-day period for unilateral termination starts from the day the last piece or the last shipment of goods is delivered into the possession of consumers or a third party designated by consumers, other than the carrier.
 
If regular delivery of goods over a certain period has been agreed upon, the 14-day period for unilateral termination starts from the day the first piece or the first shipment of goods is delivered into the possession of consumers or a third party designated by consumers, other than the carrier.
 
In the case of service contracts, contracts for the supply of water, gas, or electricity that are sold in an unmeasured or unlimited quantity, or the supply of thermal energy, as well as in the case of contracts concerning digital content not supplied on a tangible medium, the 14-day period for unilateral termination starts from the day the contract is concluded.
 
If the trader has not informed consumers of their right to unilateral termination, the consumer’s right to unilaterally terminate the contract expires 12 months after the end of the initial 14-day period.
Standard withdrawal form
Before the expiry of the period for unilateral termination, consumers have to inform the trader of their decision to terminate the contract using the standard withdrawal form or via any other unequivocal statement expressing their intent. Consumers must send the statement of termination before the prescribed period for contract termination expires.
 
Unilateral termination of contracts for the supply of water, gas, electricity, and thermal energy
If consumers unilaterally terminate the contract after having explicitly requested that the provision of the service or the performance of the contract for the supply of water, gas, or electricity (which are sold in an unmeasured or unlimited quantity) and the supply of thermal energy begin before the expiry of the period for unilateral termination, consumers have to pay the trader a proportional amount of the agreed price for what the trader has supplied to consumers up to the moment consumers informed the trader of exercising their right to unilateral termination. The proportional amount of the price consumers have to pay is calculated based on the total agreed price, or if that price is immoderate, on the basis of the market value of what the trader has supplied to consumers.
 
If consumers unilaterally terminate a contract for the services of supplying water, gas, electricity, and thermal energy, they will not have to pay a proportional part of the price for what the trader has supplied to consumers during the period allowed for unilateral termination, provided that the trader did not provide consumers with pre-contractual information, or if consumers did not explicitly request that the provision of the service begin before the expiry of the period for unilateral termination.
Unilateral termination of a sales contract for digital content not supplied on a tangible medium

If consumers unilaterally terminate a contract for digital content not supplied on a tangible medium, consumers will not be obliged to pay a portion of the price or costs proportional to what the trader fulfilled to consumers during the period for unilateral termination if consumers did not previously give their express consent for the performance of the contract to begin before the expiry of the 14-day period for unilateral termination, if they did not confirm being aware of the fact that by giving such consent they lose the right to unilateral termination, or if the trader failed to inform them of the right to unilateral termination.

Consumers’ right to a refund upon unilateral termination of the contract
No later than 14 days from the day they receive notification of the consumers’ decision to terminate a distance or off-premises contract, the trader must refund all payments received from consumers under the contract. If consumers exercise their right to terminate the contract unilaterally, the trader must, without delay and no later than 14 days from the day they received notification of the decision to terminate contract, return the amount paid under the contract. The trader is required to perform the refund only after the goods have been returned, or after consumers provide proof that the goods have been sent back to the trader.
 
Consumers have to bear only the direct costs of returning the goods, unless the trader has agreed to bear those costs or if the trader failed to inform consumers that they are responsible for bearing them. Consumers are responsible for any reduction in the value of the goods resulting from handling the goods, other than that which was necessary to determine the nature, characteristics, and functionality of the goods.

When does the consumer not have the right to unilateral termination of the contract?
There are certain conditions under which the consumer's right to unilateral termination is excluded. For example, if a service contract has been fully performed by the trader and the performance began with the consumer’s express prior consent; if the subject of the contract is a good or service the price of which is dependent on fluctuations in the financial market which are beyond the trader’s control; if the subject of the contract is goods made to the consumer’s specifications or personalized for the consumer; or if the subject of the contract is highly perishable goods or goods with a short shelf life. Furthermore, this applies to sealed goods which are not suitable for return due to health or hygiene reasons; if the subject of the contract is the provision of non-residential accommodation services, goods transport services, car rental services, catering services, or services related to leisure activities, provided it was agreed that the service is performed on a specific date or within a specific period.

How can you resolve a problem with a trader?
First, it is necessary to contact the trader in writing or via email and submit a complaint. You can find the trader's email address or other contact details on their website, and usually within the general terms and conditions or on the order confirmation received from the trader.
 
In the event that the trader does not respond to your complaint within 15 days of receiving it, or if you still believe your consumer rights have been violated after receiving a response, the following options are available to you:
  • if the trader is based in the Republic of Croatia, you can submit a request for an inspection to the Market Inspection of the State Inspectorate.
  • if it is a cross-border complaint against a trader based in the Republic of Croatia, another EU Member State, Norway, Iceland, Liechtenstein, or the United Kingdom, you have the option to submit a complaint to one of the competent bodies for alternative dispute resolution (ADR) in the Member State where the trader is based.
 
 Information
  • Information on consumer rights can be obtained via freephone 0800/414-414. Your enquiries are received on Mondays, Wednesdays and Fridays from 10 a.m. to 2 p.m. You can also get information via the website of the Central Consumer Portal .
  • You can also ask questions about your rights by filling in a contact form on the Central Consumer Portal.
  • If you wish to submit your complaint to the State Inspectorate, you can do so by filling in the online complaint form, or in person, or by post to the address: Državni inspektorat, Šubićeva 29, 10 000 Zagreb.
For advice and information regarding cross-border shopping in the European Union, Norway, Iceland, or the United Kingdom, you can contact the European Consumer Centre Croatia at ecc-croatia@mingo.hr.