Terms of purchase (pre-contractual notices)

I. General
The website www.firstin.hr is owned by AP Solutions d.o.o., Rijeka, Adriatic Square 1 OIB:11251672772.

Any material on the website www.firstin.hr is the exclusive intellectual property of AP Solutions d.o.o., may be used only with the consent of the copyright holders, and of trade mark and/or design rights holders. AP Solutions d.o.o. facilitates the use of the services and content of the website www.firstin.hr as regulated by these Conditions of Purchase.

These purchase terms form part of the seller’s obligation under the Consumer Protection Act and are intended to ensure that the Buyer is informed in a clear and comprehensible manner before concluding a distance contract of a number of circumstances relevant to the conclusion, performance and termination of the contract, in accordance with the Croatian statutory rules.
The term Seller therefore refers to AP Solutions d.o.o., Rijeka, Jadranski trg 1,OIB:11251672772 MBS: 040394278, M: 385915740866, info@firstintheraw.com W: www.firstin.hr

The term Buyer also refers to: traditional consumer: a person who orders and pays for any product through the web shop services present on the Seller’s website, and to all other customers such as legal persons.

The seller acts in his own name by selling via the web site www.firstin.hr

The purchase terms form part of a distance contract together with the specifications and the price(s) of the purchased products, and before validating an order for the purchase of a specific product, the buyer will be required to accept/state that he/she knows/agrees with them, whereas once the order (contract award) has been validated, they will be delivered to the Buyer as the content of the e-mail confirming that the contract has been concluded. The seller reserves the right to modify the terms and conditions at any time, subject to the entry into force of the said amendments upon publication on this website.
Once the Buyer has confirmed and executed the order, the contract has been concluded and the Buyer will immediately inform the seller of the fact that the contract was concluded by e-mail.

A valid contract requires that the Buyer  is a person possessing full legal capacity.

the Buyer shall be responsible for the completeness and veracity of the information provided at the time of registration.

The purchase terms are divided into categories/information classified below.

Access to www.firstin.hr may sometimes be unavailable due to works, maintenance or introduction of new content, and in the event of unforeseen circumstances beyond the seller’s control, which the Seller will endeavour to remedy as soon as possible.

II. Main characteristics of the goods
Main characteristics of the goods: the products are shown in description and photographs, and their details have been compiled on the basis of AP Solutions d.o.o.

Photographs of the product are illustrative in nature and may not always correspond in all details to the products which are the subject of the order. In particular, the seller points out that the visual identity of the product shown in the photograph does not have to correspond to the appearance of the product in reality, particularly given the settings of the monitor on the customer’s computer, the differences in colour perception as seen by the Buyer on the screen, etc. In the case of the abovementioned discrepancy between the product shown in the photograph and the product supplied, this is not a defect of the product.

The discrepancy between the product shown in the photograph and the product supplied above does not constitute a defect in the product. The product information (product description, price, etc.) displayed on the www.firstin.hr website is subject to bugs, defects in the operation of the application or other technical irregularities, typographical errors, etc. In the event of obvious errors or malfunctions regarding the product data displayed on www.firstin.hr the Seller reserves the right to terminate the contract unilaterally.

Only products which are indicated as being available may be the subject of an order. In the case of a large number of orders placed at the same time at www.firstin.hr, it may happen that the information on the availability of the product is not equivalent to that in the Seller’s warehouse.

If the product ordered is not available in storage, the Seller shall inform the Buyer that the product is not currently available, the time within which the product could be supplied, and shall also offer the option to purchase an alternative www.firstin.hr product available for delivery and which, by its characteristics, is closest to the product which cannot be supplied.

III. Price of the product
The prices displayed on the website www.firstin.hr are expressed in kuna. The cost of VAT is included in the price of the product. Delivery charges shall not be included in the prices of the products as it ischarged separately, except for orders above a certain amount where delivery is free of charge and all in accordance with the terms and conditions specified in these Conditions of Purchase.

Before the order is confirmed, the price of the product, the delivery price if it is charged, the VAT price and the final price shall be shown separately in order to give the Buyer an overview of the final price, which he pays for the purchased order.
In the case of payments by e-banking, payment costs and/or interbank transactions are not included in the price.

IV. Delivery costs
They are communicated at the time of ordering for each individual product, as well as the total delivery costs in the case of ordering multiple products.
The delivery price is divided into two classes:

order value up to HRK 300,00 delivery price is 36,25, HRK, and addition fee for island is HRK 43.75
order value above HRK 300 — delivery free of charge

Note: these delivery rates and benefits are valid only for deliveries for the territory of Croatia.
Packages are carefully packaged. Delivery time: between 3 and 5 working days.
In the event that it is impossible to deliver in an orderly manner to the customer’s address as indicated by the customer, the Buyer shall bear the costs of re-delivery to the same or another address, depending on what information the Buyer will provide to the Seller when checking the delivery of the order.

Service to Slovenia
The products ordered shall be delivered to the entire territory of Slovenia. Delivery is made via DPD Croatia d.o.o. delivery service.
The delivery price is divided into two classes:

order value up to EUR 40 — delivery price: EUR 10.00
order value above EUR 40 — delivery free of charge

V. Costs of use of means of distance communication
The seller does not incur any additional costs of means of distance communication.

VI. Terms and time limits for payment, conditions for delivery of goods, time of delivery of goods

The products are ordered by selecting items in firstin webshop and filling in the online form. A customer can order and buy a product as a registered or non-registered user. A product is deemed to have been ordered when the customer has passed the entire ordering process.
We accept payments through the e-banking and PayPal while the card payment is being prepared (maestro, MasterCard, Visa, Premium Visa, Diners, Discover)
In the case of payments by e-banking, the payment must be made no later than the deadline indicated in the e-mail confirming that the contract has been concluded.
If the buyer is not informed that the contract has been concluded after the end of the ordering process, it is suggested to check:

If the message is in Junk/Spam folder
If mailbox is full

In the event that the payment is not made within that period, or if the Seller is unable to deliver ordered goods for justified reasons, the contract shall be terminated unilaterally and refunded.
If the payment is executed and visible on the Seller’s bank account, the Seller will proceed to the supply of the goods ordered. The invoice will be  included in the consignment together with the goods.
The ordered products shall be delivered to the entire territory of the Republic of Croatia and Republic Slovenia. Delivery is made via DPD Croatia d.o.o. delivery service.

Packages are carefully packaged. Estimated delivery time: 3 to 5 working days.

Delivery will take place no later than 15 working days after the visible payment on the Seller’s bank account. If it becomes impossible to deliver the selected product due to the fact that the product is no longer available, the Seller must immediately inform the Buyer and the Buyer has the right to terminate the contract and ask for a refund or agree to a subsequent delivery deadline. The Buyer can expect a refund to his account within 3 working days. All items ordered will aim to be delivered in a single package. If the stock situation makes it impossible, the seller retains the right to deliver in more than one consignment.
Delivery shall be effected in accordance with the terms and conditions of the delivery service and shall be deemed to have taken place at the time when the product is handed over to the delivery service.

All orders received on working days up to 12.00 will be processed on the same day so that, in most cases, the goods ordered are handed over to the delivery service on the same day. Orders after 12.00 on working days (except Fridays) are handed out on the following day, while orders on Fridays after 12.00 are submitted on Mondays. Orders received on Saturdays and Sundays are also processed on Mondays. Once the goods have been handed over to the delivery service, the consignment number will be sent to the customer’s e-mail address so that their status can be verified at the address of the delivery service. Unfortunately, the Seller is not in a position to influence the further speed of delivery and possible complications related to actual delivery by the courier service. For each consignment the Buyer shall sign the delivery note on receipt of the consignment.

The Seller sends the goods to the islands via DPD Croatia d.o.o.
DPD Croatia reserves the right to change “Parliament of delivery to the islands and smaller places” without prior notice in the event of technical difficulties or force majeure.

In the event that the Buyer orders the goods and refuses to accept them, the Seller is entitled to withhold from the price paid an amount equal to the delivery costs and other handling charges from the list of charges for delivery.

The time limits for delivery do not count:
- day of receipt of the order
- time of delay due to incorrect and incomplete customer address
- time of delay due to force majeure or other reasons for which the Seller is not at fault
- non-working days if they represent the beginning or end of the deadline

VII. Unilateral termination of contract
Only the Buyer, who has concluded a distance contract in the manner described above, has the right, without giving reasons, to terminate the contract unilaterally within 14 days. The 14-day period shall begin to run from the date on which the goods forming the subject matter of the contract have been handed over to the buyer or to a third party designated by the buyer other than the carrier/deliveryer. Where, in one order, the Buyer has ordered several items of goods to be delivered separately, that is to say, in the case of goods delivered in more than one consignment, the period shall begin to run from the date on which the last item or final consignment of goods was taken possession.
If the seller does not inform the buyer of this right, the buyer’s right to withdraw from the contract shall expire within 12 months of expiry of the termination period (the 12-month period starts to run after the 14-day period for ordinary termination in the event of being duly informed). If, on the other hand, notice of the right of withdrawal is given within 12 months, the right of unilateral termination shall cease upon expiry of a period of 14 days from the day on which Kupac receives that notice.

The buyer must inform the seller of its decision to terminate the contract before the end of the withdrawal period, via an email address: orders@firstintheraw.com. Confirmation of receipt of the unilateral termination notice, the Seller will send by e-mail.

If you unilaterally terminate this contract, we will reimburse the money we have received from you, including delivery costs, without delay and at the latest within 14 days from the date on which we received your decision to terminate the contract unilaterally. The costs of returning the goods shall be borne by the Buyer. Your money will be reimbursed in the same way as you paid. We can only reimburse us once the goods have been returned to us or after you have provided us with proof that the goods have been sent back to us. You are obliged to return the goods to us immediately and at the latest within 14 days of your decision to terminate unilaterally. Return the goods by post to AP Solutions d.o.o., Strossmayerova 21a, Rijeka. You are deemed to have fulfilled your obligation in good time if you send the goods in a demonstrable manner (recommended with the consignment) to us in our warehouse before the expiry of the above deadline.

You are liable for any undervaluation of the goods resulting from handling the goods, other than that which was necessary to determine the nature, characteristics and functionality of the goods. If the product is returned defective, with major defects or without parts and documentation, and if they are not delivered within a later period of 8 days, the Buyer shall be deemed to have failed to comply with its obligation to return the goods, and the seller shall not be obliged to reimburse the sums paid.

A buyer shall not have the right to terminate the contract unilaterally if:
- the service contract has been fully performed by the seller and the performance started with the customer’s explicit prior consent and with his confirmation that he is aware of the fact that he will lose the right to withdraw from the contract referred to in this section if the service is performed in full;
- the subject of a contract for goods or services the price of which is dependent on changes in the financial market that are beyond the seller’s influence and which may occur during the term of the buyer’s right to terminate the contract unilaterally;
- the subject-matter of a contract are goods whose period of use expires rapidly;
- the subject matter of the contract are sealed goods which, for health or hygiene reasons, are not suitable for return, if they have been sealed after delivery;
- the subject matter of the contract are goods which, by their nature after delivery, are inseparably mixed with other items;

VIII. Responsibility for material defects/correction
The seller shall be liable for the material defects he sells on his or her website in accordance with the applicable Croatian regulations, in particular the Civil Obligations Act.

The products ordered are packaged in such a way that during the transport/delivery are
not damaged.

In the event that a consignment is damaged in transport, we suggest that the Buyer does not taken over. Customers are kindly asked to contact us in order to check the state of the shipment as soon as possible and send a new one.
When the goods are received, verification of the correctness of the order depends on the customer, and the Buyer is obliged to compare the items received with the invoice, if something is missing, it must immediately submit a written complaint/recommendation, as subsequent complaints will not be taken into account.

In the event of a visible shortage of goods when picking up the consignment, the Buyer is not obliged to collect the delivered product, may refuse to accept it and does not bear the delivery costs. Products duly received by the Buyer shall be deemed not to have had a visible defect. The buyer is entitled to a complaint against material defects within the time limits and for the reasons stipulated by the provisions of the Mandatory Time Limits Act. A customer may send a written complaint or a complaint to an e-mail to info@firstintheraw.com or in writing to: AP Solutions d.o.o. Strossmyerova 21a, 51000 Rijeka with an indication of complaints.

In order to identify as quickly as possible a specific order to which the Buyer has an objection, the Buyer should indicate the order number, the invoice number or their user name.
The Buyer shall also be entitled to a reasonable objection to the return of the goods in the following cases:
- supply of goods not ordered
- supply of goods for which the expiry date has expired
- supply of goods affected by fault or damage not caused by transport

If the product has a hidden defect (the shortest defect which could not have been detected by a normal check when picking up the item) which the Buyer discovers after opening the product — the Buyer has the right to terminate the contract unilaterally and to refund, replace the product, remedy the defect or reduce the price.
The seller will otherwise consider complaint to be valid if the product inspection establishes that it meets the conditions for complaint in accordance with the Civil Obligations Act and the Consumer Protection Act. In this case, it will replace the product within 15 days of receipt of a valid complaint or refund the full amount paid upon termination of the contract. If, on the other hand, it finds that the complaint is not valid, i.e. if the complaint is rejected, it will inform the customer within 15 days of receipt of the complaint.

The seller will accept the return of the damaged, defective or wrongly delivered goods at his own expense, if it is established that the objection is justified and that Kupac has not affected the correctness, damage or defect of the goods.
In the event of reasonable advertising, the cost of replacement with the new product shall be borne entirely by the Seller.

In the event that the Buyer decides to replace the correct product, the Seller shall carry out the replacement if the product is intact, unused or otherwise undervalued. In this case, the Buyer shall bear the cost of returning and redispatching the goods.

Use of product description and information:
While we have made every effort to ensure that the information on the firstin.hr website on products is correct, sometimes the composition, quantity of ingredients, as well as nutritional value and allergens of products can change. This makes sure you read the product label before consumption and we do not recommend relying solely on the information published on the website.
If you have any questions or need advice on any product, please contact info@firstintheraw.com
Although the product information is updated, AP Solutions d.o.o. is not responsible for incorrect information. This does not affect your legal rights.

Online dispute resolution:
A specific regulation of the European Union, since 15.02.2016, has been able to resolve disputes relating to online purchases across the EU through the platform you can access here.

This means that if you encounter a problem during an online purchase within the EU (defect product, no replacement of the product, etc.), you can submit your complaint on the top link.

The platform can be used by both consumers and traders, and a complaint can be submitted in any of the 23 official EU languages.

IX. Duration of the contract
The contract concluded by Kupac with the seller is a one-off contract for the distance sale of goods consumed by delivery of the goods and payment made by the buyer, in the event that they are not terminated. These purchase terms form an integral part of the contract.