GENERAL TERMS AND CONDITIONS OF STINA VINO

INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter: “Terms”) regulate the conditions for using the services provided by the company JAKO VINO d.o.o., with its registered office at Bračka cesta 13, 21420 Bol, Croatia, registered in the court register of the Commercial Court in Split under MBS: 060255416, OIB: 34068889816, represented by the director Petar Kusić (hereinafter: “Company”).

In addition, these Terms apply to all forms of use of the Company’s online store located on the website www.stina-vino.hr (hereinafter: “Website”; “Web Store”), as well as to all sales and other contractual relationships concluded between the Company and the Buyer remotely, within the meaning of Article 4, point 35 of the Consumer Protection Act (Official Gazette No. 19/2022, 59/2023; hereinafter: Consumer Protection Act).

1.2. These Terms apply exclusively to consumers, within the meaning of Article 4, point 21 of the Consumer Protection Act (OG 19/2022, 59/2023), i.e., natural persons who enter into legal transactions outside their commercial, business, craft, or professional activities. The provisions of the Civil Obligations Act apply to legal entities and natural persons acting within the scope of their registered activities, including companies, craftsmen, and freelancers, unless otherwise explicitly stipulated by these Terms in a specific case.

1.3. By using the Website, ordering products through the Web Store, opening a user account, or in any other way entering into a legal relationship with the Company, consumers (hereinafter: “Users” or “Buyers”) accept these Terms in their entirety and undertake to act in accordance with them. If the Buyer does not accept these Terms, they are not authorized to use the Web Store services or access the Website.

1.4. The Terms apply to all forms of sale of products from the Company’s assortment through means of distance communication, including, but not limited to, online sales through the Web Store, and form an integral part of every contract concluded remotely within the meaning of Article 4, point 35 and Article 60 of the Consumer Protection Act.

1.5. The Company reserves the right to modify and/or supplement these Terms at any time, without prior notice. All changes take effect on the date of publication on the Website, with a clearly indicated date of entry into force. Terms valid at the time of concluding a specific contract apply to relationships established before the changes take effect.

1.6. In case of discrepancy between the provisions of these Terms and binding provisions of applicable Croatian laws, the corresponding legal provision shall apply. These Terms are prepared in accordance with the Consumer Protection Act, the Civil Obligations Act, and other applicable regulations.

1.7. The Website may contain links to other websites, third-party content, or external platforms. The Company does not guarantee the availability, functionality, accuracy, legality, or security of such content and assumes no responsibility for any direct or indirect damage resulting from the use of such links or content.

1.8. All content published on the Website (including texts, images, graphics, logos, product names, and other information) is the property of the Company or its partners and is protected by copyright and other intellectual property rights. Any unauthorized use constitutes a violation of rights and may be subject to legal action.

1.9. These Terms are available to Buyers at any time on the Website in a format suitable for storage and reproduction (PDF), and before confirming an order, the Buyer explicitly confirms that they are familiar with these Terms and accept them in their entirety.

TRADER INFORMATION

2.1. The company providing services through the Web Store and with which the Buyer enters into a remote sales contract is:

JAKO VINO d.o.o.

Registered office: Bračka cesta 13, 21420 Bol (Municipality of Bol), Croatia
OIB (Tax ID): 34068889816
Registered in the court register of the Commercial Court in Split, under Registration Decision: Tt-09/1445-2 dated June 19, 2009, under MBS: 060255416
Share capital: 944,980.00 EUR, fully paid
Director: Petar Kusić
Account: HR 9424020061101235068 opened at ERSTE & STEIERMÄRKISCHE BANK d.d. headquartered in Rijeka, Jadranski trg 3A

2.2. The Company’s contact details are:

Email address for contact and customer support: info@stina-vino.hr
Telephone number for customers: __
Customer service working hours: __
Website (Web Store): www.stina-vino.hr

2.3. Communication with the Buyer takes place through means of distance communication (email, telephone call, Website). All inquiries from Buyers will be processed in the shortest possible time, and no later than within the period prescribed by the Consumer Protection Act. The Company undertakes to respond to all written consumer complaints within 15 days of receiving them, in accordance with Article 10 of the same Act.

2.4. The Company offers products through the Web Store exclusively to persons over 18 years of age. By using the website, and especially by ordering products subject to age restrictions (e.g., alcoholic beverages), the Buyer declares that they are of legal age. In case of false representation, the Buyer bears responsibility for all consequences.

BASIC INFORMATION ABOUT PRODUCTS, PRICES, AND ORDERS

3.1. Products offered through the Web Store represent items from the assortment of the Company JAKO VINO d.o.o., including, but not limited to, wines, alcoholic and non-alcoholic beverages, gift packages, wine accessories, and other products that are clearly described and presented on the Website. Each product is displayed with its name, image, brief description, and technical characteristics.

3.2. All information about the main features of the products is available to the Buyer before confirming the order. The Company makes maximum efforts to ensure that all information is accurate, complete, and up-to-date. However, the Company does not guarantee against unintentional and accidental errors in product descriptions and reserves the right to change product descriptions without prior notice. In case of a significant difference between the ordered and delivered product, the Buyer has the right to terminate the contract in accordance with the Consumer Protection Act.

3.3. Product prices are clearly, visibly, and legibly displayed with each product and include all taxes and other public charges (including VAT), in accordance with Article 7 of the Consumer Protection Act. Prices are expressed in the official currency of the Republic of Croatia – euros (EUR). If a unit price (e.g., per liter) is also stated along with the product, it will also be highlighted.

3.4. Prices are valid exclusively for purchases through the Web Store. The Company reserves the right to change prices at any time, without prior notice, but these changes do not apply to already confirmed orders.

3.5. Discounts, promotional campaigns, and special offers will be clearly indicated and visibly marked on the Website, with the duration of the promotion and the lowest price of the product in the previous 30 days, in accordance with Article 19 of the Consumer Protection Act. Special conditions for using promotional codes, coupons, and other benefits are defined by separate rules and are valid only if the Buyer correctly applied them during the order.

3.6. Products are ordered electronically through the Web Store functionality. The Buyer adds desired products to the cart, enters the required data, and confirms the order. Before confirming the order, the Buyer has the option to check, modify, and finally confirm all entered data. Upon completion of the ordering process, the Buyer receives electronic order confirmation to the email address provided.

3.7. By completing the order, the Buyer gives express consent that they are fully familiar with these Terms, that they accept them, and that all data entered during the ordering process is accurate and complete. The sales contract is considered concluded at the moment when the Company confirms the order electronically, in accordance with Article 61 of the Consumer Protection Act.

3.8. The Company reserves the right to refuse or cancel an order in the following cases:

if the Buyer is not of legal age;
if there are reasonable suspicions of abuse of the ordering system;
if there was an obvious error in displaying the price or product specification;
if the ordered product is unavailable, with the obligation to refund the paid funds.

3.9. All ordered products are subject to availability in stock. In case any of the ordered products is unavailable, the Company will inform the Buyer without delay and, according to the Buyer’s choice, provide a product replacement, modify the order, or refund the paid amount for the unavailable product.

PAYMENT METHODS

4.1. The Buyer can make payment for ordered products through the following methods:

Credit and debit cards: Visa, Mastercard, Maestro;
Internet banking: payment via offer (wire transfer);

4.2. Card payments are processed through the secure Monri Payments system, which is certified according to PCI DSS Level 1 security standards. Card data is not stored on the Company’s servers, ensuring maximum transaction security.

4.3. Internet banking payment allows the Buyer to receive an offer with all necessary payment details after completing the order. The payment deadline is 48 hours from order confirmation. After this period expires, the Company cannot guarantee product availability, and the order will be considered canceled, or the sales contract will be considered unilaterally terminated by the Buyer.

4.4. All product prices are expressed in euros (EUR) and include VAT. In case of purchase from a country where the euro is not the official currency, when charging the Buyer’s credit card, the amount is converted to the local currency according to the exchange rate of the card companies, which may result in minor discrepancies in the final amount.

4.5. The Company reserves the right to change the available payment methods at any time, with the obligation to update the information on the Website. All changes take effect on the date of publication on the Website.

DELIVERY AND PRODUCT COLLECTION

5.1. The Company organizes the delivery of products ordered through the Web Store through a contracted delivery service, within the territory of the Republic of Croatia and abroad, according to the delivery zones specified on the Website. The Buyer will be informed about the availability of delivery to the desired address during the ordering process.

5.2. The delivery cost is automatically calculated and displayed during the order, depending on the total order quantity, package weight, and delivery destination. The delivery price includes all applicable taxes and fees.

5.3. The delivery time for orders within the Republic of Croatia is typically 3 to 5 working days from order confirmation, depending on product availability and delivery location. For international orders, delivery times depend on the destination and availability of delivery partners.

5.5. Delivery is made to the address specified by the Buyer in the order and is considered completed when the goods are handed over to the Buyer or a person authorized to receive the shipment. If the Buyer is not available at the time of delivery, the delivery service may leave a notice about a repeated delivery attempt or collection methods, while the Company reserves the right to charge for a repeated delivery attempt.

5.6. It is the Buyer’s obligation to inspect the shipment upon receipt. In case of visible damage to the packaging or goods, the Buyer must immediately report this to the delivery person and request the preparation of a damage report. The Company does not assume responsibility for damage occurring during delivery.

5.7. In case the shipment is returned to the Company due to unsuccessful delivery caused by incorrect Buyer data, refusal to accept, or multiple unsuccessful delivery attempts, the Company reserves the right to refuse repeated delivery and has the right to charge the actual costs of delivery and return.

5.8. The Company is not responsible for delivery delays caused by force majeure, technical problems in the delivery service, weather conditions, or other extraordinary circumstances beyond its control.

CONSUMER’S RIGHT TO UNILATERAL CONTRACT TERMINATION

6.1. According to Article 72 and subsequent articles of the Consumer Protection Act, a Buyer who has concluded a distance contract through the Web Store has the right, without stating reasons, to unilaterally terminate the contract within 14 days from the day when the Buyer or a third party authorized by the Buyer (who is not the carrier) takes possession of the goods.

6.2. The Buyer exercises their right to unilateral contract termination by submitting an unambiguous termination statement to the Company’s email or physical address before the expiration of the aforementioned period. The statement can be submitted in free form or through the unilateral contract termination form available to the Buyer here: [link to form – insert PDF form].

6.3. In case of valid unilateral termination, the Company will, without delay and no later than within 14 days from the date of receipt of the termination statement, refund all payments received from the Buyer, not including delivery costs (if any). The refund will be made using the same payment method that the Buyer used, unless the Buyer explicitly agrees to another method, without additional costs for the Buyer.

6.4. The Buyer is obliged to return the goods without undue delay, and no later than within 14 days from the day when they sent the unilateral termination statement. The direct costs of returning the goods are borne by the Buyer. The Buyer is responsible for any reduction in the value of the goods resulting from handling the goods, except that which was necessary to establish the nature, characteristics, and functionality of the goods.

EXCLUSION OF THE RIGHT TO UNILATERAL TERMINATION

6.5.1. According to Article 86, paragraph 1, point 4 of the Consumer Protection Act, the Buyer does not have the right to unilateral contract termination if the subject of the contract is goods that are perishable or have a short shelf life, including food products, such as certain types of wine, especially wines with natural sediments, naturally unfiltered wines, opened wines, wines with a shorter recommended consumption period, or wines sensitive to temperature or other types of conditions that the consumer does not observe.

6.5.2. Also, according to Article 86, paragraph 1, point 5, the right to unilateral termination is also excluded for sealed goods that are not suitable for return due to health or hygiene reasons if they were unsealed after delivery, such as wine.

6.5.3. In this specific case, the Company reserves the right to refuse a request for unilateral contract termination if the goods:

have been opened, damaged, or improperly stored by the Buyer;
are products subject to special storage and distribution conditions (e.g., wine that has been exposed to heat or light);
have a limited shelf life and cannot be returned to circulation without compromising health and safety standards.

6.6. In all other cases that do not fall under the exceptions from Article 86, the Buyer’s right to unilateral termination remains preserved.

WRITTEN COMPLAINTS AND LIABILITY FOR MATERIAL DEFECTS

7.1. According to Article 10 of the Consumer Protection Act, the consumer has the right to submit a written complaint expressing their dissatisfaction with the purchased product, the Company’s business operations, or the conduct of employees.

7.2. A written complaint can be submitted:

by mail to: JAKO VINO d.o.o., Bračka cesta 13, 21420 Bol
by email to: info@stina-vino.hr
in person at the business premises, with the issuance of a confirmation of the received complaint

7.3. In order for the Company to process the complaint as efficiently and quickly as possible, it is recommended that the consumer state in the complaint:

their name and surname,
contact details (phone number and/or email),
invoice number or other purchase data,
description of the circumstances to which the complaint relates.

7.4. The Company will confirm receipt of the complaint without delay and, no later than within 15 days from the date of receiving the complaint, provide a written response to the consumer regarding the complaint. The response will be delivered in the same way the complaint was submitted, unless the consumer explicitly requests otherwise.

LIABILITY FOR MATERIAL DEFECTS

7.5.1. Regardless of the right to submit a complaint, the Company is liable for material defects of goods in accordance with the provisions of the Civil Obligations Act (Official Gazette No. 35/2005, 41/2008, 125/2011, 78/2015, 29/2018, 126/2021, 114/2022, 156/2022, 145/2023, 155/2023; hereinafter: Civil Obligations Act).

7.5.2. A Buyer who wishes to exercise rights based on material defects must notify the Company without delay after discovering the defect, about the existence of visible or hidden defects within two months from the day when the defect was discovered, and no later than within two years from the day of taking possession of the product.

7.5.3. The Buyer may, at their discretion, request:

removal of the defect,
replacement of the goods,
price reduction,
contract termination, but only after allowing the Company a reasonable time to fulfill the obligation in accordance with the law.

SPECIAL CONDITIONS FOR WINES

7.6.1. Given that wines are products of a sensitive nature, whose quality depends on the method of storage, transport, and handling, the Company’s liability is limited to clearly noticeable technical defects (e.g., if the item does not match the description, type, quantity, and quality as determined by the sales contract, if it is not drinkable due to an error by the Company, etc.), which exist at the time of delivery.

7.6.2. The Company is not responsible for changes in the properties of wine (taste, smell, color, sediment) that result from:

improper storage after receipt,
exposure to high temperatures, light, or vibrations,
subjective quality assessment by the Buyer.

7.6.3. In case of suspicion of product defect, the Buyer is obliged to keep the bottle with at least 9/10 of the content in the original packaging and allow the Company to inspect the product before any return or replacement. This applies only in cases where it is necessary to open the wine bottle to determine such a material defect (e.g., the wine is not drinkable), but not in cases where it is possible to determine the material defect without opening the bottle (e.g., a different wine than the one ordered was delivered).

LIMITATION OF LIABILITY AND FORCE MAJEURE

8.1. The use of the Website and Web Store is solely at the Buyer’s risk. The Company does not guarantee that the ordering system, Website content, or technical aspects of the service will be free from errors, interruptions, or errors caused by technical problems, although it makes reasonable efforts to ensure their reliability and functionality.

8.2. The Company is not liable for damage or losses that may occur to the Buyer or third parties due to:

interruptions in the operation of the Web Store for technical or security reasons;
temporary or permanent unavailability of the Website;
unlawful actions of third parties, including hacking attacks and the spread of malicious software;
incorrect data entry by the Buyer;
unauthorized use of user accounts;
erroneous handling by delivery services beyond the Company’s influence.

8.3. Photographs and descriptions of products published on the Website are for informational purposes only. The Company reserves the right to errors in the description, display, packaging, or characteristics of the product, and the actual packaging and appearance of the product may differ from those shown in the images due to design changes, vintage year, series changes, or technical reasons.

8.4. The Company reserves the right, without prior notice, to change the content of the Website, product offers, prices, purchase conditions, as well as these General Terms and Conditions, with the condition that for already concluded contracts, the terms valid at the time of concluding each contract apply.

FORCE MAJEURE

8.5.1. The Company is not responsible for delays, non-fulfillment, or partial fulfillment of obligations in cases of force majeure, especially in circumstances that could not be foreseen, avoided, or eliminated, including, but not limited to:

natural disasters (earthquake, flood, fire, storm, etc.);
epidemics and pandemics and related prohibitions and measures;
war, terrorist attacks, civil unrest, and similar circumstances;
disruptions in transport and distribution, including movement and delivery prohibitions;
strikes, blockades, administrative barriers, and IT system failures.

8.5.2. In case of force majeure, the deadlines for fulfilling the Company’s obligations are automatically extended for the duration of the circumstances constituting force majeure. If force majeure lasts longer than 30 days, each contracting party has the right to unilaterally terminate the contract, without liability for damages.

INTELLECTUAL PROPERTY

9.1. All elements of the Website, including, but not limited to, texts, product descriptions, technical data, design, logos, photographs, videos, graphic representations, sound recordings, databases, site structure, and program code (hereinafter: “Content”) are exclusively the property of the Company JAKO VINO d.o.o. or its contractual partners, and are protected by copyright and related rights, industrial property rights, and other intellectual property rights, in accordance with Croatian and international regulations.

9.2. The name and visual identity of STINA wines, all associated trademarks, logos, commercial designations, and other distinguishing marks of products offered through the Web Store are registered trademarks or designations owned by the Company or licensed from third parties. Any use of these without prior express written consent of the Company constitutes a violation of rights and may be subject to legal action.

9.3. Any unauthorized copying, distribution, publication, modification, transmission, reproduction, linking, or other exploitation of any part of the Website, in whole or in part, without the prior written consent of the Company is prohibited.

9.4. The Buyer and any user of the Website undertakes not to:

use the content of the Website for commercial purposes without the Company’s consent;
remove or conceal ownership marks, copyright, or other legal marks;
in any way reproduce, modify, or distribute content in a manner that violates the rights of the rights holders.

9.5. It is permitted to store and print parts of the Website exclusively for personal and non-commercial use. This permission does not give the Buyer or third party the right to use any part of the Website for marketing, public, or publicly published purposes.

FINAL PROVISIONS

10.1. These General Terms and Conditions are prepared in accordance with the applicable regulations of the Republic of Croatia, especially with:

Consumer Protection Act (OG 19/2022, 59/2023),
Civil Obligations Act (OG 35/05, 41/08, 125/11, 78/15, 29/18),
Electronic Commerce Act (OG 173/2003, 67/2008, 36/2009, 130/2011, 30/2014, 32/2019), as well as other relevant regulations of the Republic of Croatia.

10.2. For all legal relationships not explicitly regulated by these General Terms and Conditions, the corresponding provisions of the aforementioned laws apply.

10.3. For all disputes that may arise from these General Terms and Conditions or in connection with them, which cannot be resolved amicably, the competent court in the Republic of Croatia according to the registered office of the Company shall have jurisdiction.

10.4. A Buyer who has consumer status has the right to alternative resolution of consumer disputes through authorized bodies for alternative resolution of consumer disputes in accordance with the applicable Alternative Consumer Dispute Resolution Act. The link to the European Commission’s platform for online resolution of consumer disputes (ODR platform) is at the following link: https://ec.europa.eu/consumers/odr

10.5. These General Terms and Conditions come into force on the date of publication on the Company’s Website and are available to Buyers at any time in a form that allows their storage and reproduction.

10.6. The Company reserves the right to modify and supplement these General Terms and Conditions at any time, without prior notice, whereby each modification will be published on the Website with an indication of the date of entry into force. For all contracts concluded before the publication of changes, the terms valid at the time of concluding each contract apply.

10.7. For information on the processing of personal data, including privacy policy and the use of cookies, users are referred to the Privacy and Cookie Policy document, available at: ____.

10.8. In the event that any provision of these Terms is null, illegal, or unenforceable, such provision shall not affect the validity of the remaining provisions which remain in force and produce legal effects. The invalid provision will be replaced by the closest valid provision that corresponds to the original in meaning and legal purpose.