Terms and Conditions
The terms and conditions of doing business and using the website www.ev-evolution.eu and entering into distance contracts through remote communication means are primarily governed by the following Terms and Conditions unless otherwise agreed upon by the contracting parties (Seller and Buyer). The terms and conditions are subject to the Consumer Protection Act (NN 41/14) and the Obligations Act (NN 35/05 and NN 41/08). Please pay special attention to the differences in terms related to purchases (contracts) made at a retail store and purchases (contracts) concluded remotely (online store).
When ordering products through remote communication means, the Buyer will be immediately provided with all the prescribed information in accordance with Article 57, as specified in Article 66, paragraph 2, of the Consumer Protection Act.
PRODUCT AND SERVICE PRICES displayed on the website, advertisements, and catalogs are expressed in EUR and include VAT. Delivery costs are not included in the product prices. Prices, payment terms, and promotional offers are valid only at the time of ordering and/or payment and are subject to change without prior notice.
Delivery costs are defined individually in terms of delivery time and amount.
ELECTRIC VEHICLE EVOLUTION LLC reserves the right to errors in product descriptions, photographs, and promotional displays. All customer rights regarding complaints and returns are described in these terms.
Delivery will be made within 1-30 working days from the date of order, or within 120 days if agreed upon. If it becomes impossible to deliver the selected product because we do not have it in stock or can no longer order it, we are obliged to notify the customer, and the customer has the right to cancel the order/contract or agree to a later delivery date if possible. We will make every effort to deliver all ordered items in one package. If that is not possible due to stock availability, we reserve the right to deliver in multiple shipments.
Complaints are only accepted with a presented invoice and warranty certificate as the sole proof of purchase. Card slips and similar confirmations cannot replace an invoice. No complaints can be made without an invoice. In the event of a product complaint due to defects or hidden faults, please contact us.
WARRANTY STATEMENT AND SERVICE CONDITIONS
For all products for which we provide a warranty, the warranty conditions specified in the warranty certificate apply. The Buyer is obliged to keep the invoice and warranty certificate throughout the entire warranty period.
We guarantee that the product, when used in accordance with the provided instructions and warranty certificate, will function properly during the warranty period. In the event of a malfunction or other possible defects, we undertake to repair or replace the product within a reasonable time in accordance with the Obligations Act.
RESPONSIBILITY OF THE SELLER FOR MATERIAL DEFECTS
The seller is liable for material defects regardless of whether the contract transfers or obligates the buyer to transfer the ownership of the item, and whether the buyer has paid or is obligated to pay its price.
In consumer contracts, the seller is liable for material defects in accordance with the rules prescribed for the sales contract, even when it concerns a contract for the delivery of an item that needs to be produced or manufactured, regardless of whether, according to general rules, it is a sales contract, a work contract, or another type of contract.
The provisions of the Law on Liability for Material Defects do not apply to consumer contracts for the delivery of digital content or digital services, unless the subject of the sales contract is a movable item in which digital content or digital services are incorporated, or they are connected to the item in a way that the absence of that digital content or digital service would impede the functioning of the item, and they are delivered based on a sales contract, regardless of whether such digital content or digital service is delivered by the seller or a third party (item with digital elements).
In the case of items with digital elements, the risk transfers to the buyer at the moment of the one-time delivery of the digital content or digital service, or when the continuous delivery of the digital content or digital service has commenced.
If the item needs to be installed or assembled by the seller or a person for whom the seller is responsible, the risk transfers to the buyer at the moment when the installation or assembly is completed.
It is presumed that any defect of the item, as well as the defect of items with digital elements, which becomes apparent within one year from the moment of the transfer of risk, existed at the moment of the transfer of risk unless the seller proves otherwise or it arises from the nature of the item or the nature of the defect.
A defect exists if:
- The item does not correspond to the description, type, quantity, and quality, or it lacks functionality, compatibility, interoperability, and other features as determined by the sales contract.
- The item is not suitable for any specific purpose that the buyer requires and of which the buyer informed the seller at the latest at the time of concluding the contract, and to which the seller has given consent.
- The item is not delivered with all additional equipment and instructions, including installation instructions, as determined by the sales contract.
- The item is not delivered with updates as determined by the sales contract.
In addition to the aforementioned defects, a defect also exists if:
- The item is not suitable for use for purposes for which an item of the same kind would commonly be used, taking into account all European Union regulations and regulations of the Republic of Croatia, technical standards, or, in the absence of such technical standards, applicable codes of conduct in a specific field if they exist.
- The item does not correspond to the quality and description of a sample or model that the seller made available to the buyer before concluding the contract.
- The item is not delivered with additional equipment, including packaging, installation instructions, or other instructions that the buyer can reasonably expect to receive.
- The item does not correspond to the quantity or does not possess the properties and other features, including those related to durability, functionality, compatibility, and safety, which are common for an item of the same kind, and which the buyer can reasonably expect considering the nature of the item, taking into account all public statements made by the seller or other persons in the previous stages of the transaction chain, including the manufacturer, or made on their behalf, especially in advertising or labeling.
- The item is improperly installed or assembled, and the installation or assembly service is part of the sales contract and is performed by the seller or a person for whom the seller is responsible.
- The item, for which it was intended that the buyer would install or assemble it, is improperly installed or assembled by the buyer, and the improper installation or assembly is a result of a deficiency in the instructions provided by the seller or, in the case of items with digital elements, provided by the seller or the supplier of digital content or digital services.
The seller is not bound by point 4 of this provision if they can prove that they were unaware and could not have been aware of that statement, or if, by the time of concluding the contract, the public statement had been corrected in an equal or comparable manner to when it was made, or if that public statement could not have influenced the buyer’s decision to make the purchase.
In consumer contracts, the defects mentioned in points 1 to 4 of this provision do not apply if, at the time of concluding the contract, the consumer was specifically informed that a particular characteristic of the item deviates from the criteria used to determine the defects mentioned in points 1 to 4, and if the consumer explicitly and separately accepted it when concluding the contract.
Provisions of the contract that limit or exclude liability for defects in the item in consumer contracts before the consumer notifies the seller of the material defect of the item are not binding on the consumer.
A buyer who has duly and timely notified the seller of a defect is entitled to:
- request the seller to remedy the defect,
- request the delivery of another item free from defects,
- request a proportional reduction of the price,
- declare the termination of the contract.
In each of these cases, the buyer also has the right to claim damages according to general rules on liability for damages, including damages suffered on other properties due to the defect in the item.
When exercising the right to have the defect remedied, the buyer has the choice between repair and replacement of the item, unless the chosen method of rectifying the defect is impossible or would result in disproportionate costs to the seller considering all circumstances, particularly the value of the defect-free item, the significance of the defect, and whether the repair or replacement can be performed without significant inconvenience to the buyer. The seller is entitled to refuse the remedy if repair and replacement are impossible or would result in disproportionate costs to the seller considering all circumstances, particularly the value of the defect-free item, the significance of the defect, and whether the repair or replacement can be performed without significant inconvenience to the buyer.
The buyer has the right to a price reduction or contract termination only if the seller fails to rectify the defect, refuses to do so, or does not rectify the defect in accordance with Article 410a, paragraphs 2 and 3 of the Obligations Act, if the defect persists despite the seller’s attempt to rectify it, or if the seller has stated that they will not rectify the defect, or it is evident from the circumstances that they will not rectify the defect within a reasonable period or without significant inconvenience to the buyer, and if the defect is so significant that it justifies an immediate price reduction or contract termination.
The buyer has the right to withhold payment of any outstanding portion of the price until the seller fulfills their obligations regarding liability for material defects.
If the defect is insignificant, the buyer does not have the right to terminate the contract, but they are entitled to other rights regarding liability for material defects, including the right to claim damages.
The burden of proof that the defect is insignificant rests with the seller.
The costs of rectifying the defect and delivering another defect-free item are borne by the seller.
The repair or replacement of an item with a defect shall be carried out free of charge within a reasonable period from the moment the buyer notified the seller of the defect, without causing significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer needed the item.
During the repair or replacement, the buyer is obligated to make the item available to the seller, and the seller is obligated to take possession of it.
If an item with a defect, which was installed or assembled in a manner consistent with its nature and purpose before the defect appeared, needs to be repaired or replaced, the obligation to rectify the defect includes the removal of the defective item and the installation or assembly of the replacement or repaired item, or the obligation to bear the costs of such removal and installation or assembly.
In the case of replacement of the item, the consumer is not obligated to pay for the ordinary use of the replaced item during the period before its replacement.
If the seller fails to fulfill the consumer contract within a subsequent reasonable period, the consumer is entitled to declare the contract terminated.
If the buyer terminates the sales contract, the buyer returns the item to the seller at the seller’s expense.
The seller reimburses the buyer for the price paid for the item after receiving the item or upon receiving proof from the buyer that the item has been sent back.
Installation of Goods
The buyer is aware that for the proper installation of our products, they should consult a local electrician, mechanic, and metalworking company to create connectors and mounts for electric motors and batteries.
The buyer understands that additional modifications to the parts may be necessary to adapt them to their specific vehicle.
Rules and Certification
The buyer acknowledges being familiar with the rules and regulations of their country and has verified the possibility of installing the mentioned parts prior to purchase.
The buyer understands that in case of difficulties with certification, approval, or vehicle registration, they do not have the right to return the goods.
NOTICE REGARDING THE METHOD OF SUBMITTING WRITTEN CONSUMER COMPLAINTS
All complaints in accordance with Article 10 of the Consumer Protection Act (N.N. 41/2014) can be sent by mail, fax, or email, as well as in the business premises/stores where you are located. If the complaint is submitted in the business premises/stores, the merchant is obligated to immediately acknowledge its receipt in writing.
Other methods of submitting complaints:
• To the address: Ulica Drage Gervaisa 44, 10090 Zagreb
• Through the contact form on the website
• By phone number: 092 421 9257
or submitted in person at the business premises located at Ulica Drage Gervaisa 44, Zagreb. In order for us to confirm the receipt of your written complaint in accordance with Article 10, paragraph 5 of the Act, and subsequently respond to it, please provide accurate contact information.
We are legally obligated to provide a written response to your complaint within 15 days from the date of receipt.
ELECTRIC VEHICLE EVOLUTION LLC reserves the right to modify these terms and rules without prior notice. The terms of business are in accordance with the laws of the Republic of Croatia. In case of any disputes, the merchant and the consumer will resolve the dispute amicably, and if not possible, the competent court in Zagreb shall have jurisdiction.
All payments will be made in EUR currency. The charged amount on your credit card account will be converted into your local currency according to the exchange rate of credit card associations.