1. Basic Information
Who are we?
Company: Action Yachts d.o.o.
Main place of business: Šetalište kneza Branimira 1, HR-23210 Biograd na Moru, Croatia
Registered office: Savska cesta 32, 10000 Zagreb
OIB: 16033688533
VAT ID: HR16033688533
Contact: +385 99 6469 107
E-mail: info@actionyachts.eu
The company Action Yachts d.o.o. acts in legal relations (hereinafter referred to as the “Seller”).
2. Purpose and Application of the Terms and Conditions
2.1
These Terms and Conditions (hereinafter referred to as the “Terms”) govern the legal relations between the Seller and buyers (hereinafter referred to as the “Buyer”) in relation to the sale of goods and the provision of related services.
2.2
The Terms form an integral part of every purchase contract concluded between the Seller and the Buyer.
2.3
By submitting an order (e.g. by clicking the “Buy” button) or by paying for the goods, the Buyer confirms that they are familiar with and agree to these Terms, including:
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Complaint Procedure,
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Personal Data Protection Policy,
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Delivery Terms,
and other documents referenced on the website.
2.4
These Terms apply to all goods and equipment offered and sold by the Seller, regardless of the place of purchase (internet, showroom, trade fair, telephone or e-mail orders).
3. Method of Purchase
Purchase via the online store
3.1
Purchase can be made via the website www.actionyachts.eu.
3.2
The order is created at the moment of clicking the button to complete the order; until then, the Buyer may change items, payment method, and delivery method.
3.3
The purchase contract is concluded at the moment when the Seller confirms the order to the Buyer by e-mail or other verifiable means.
3.4
Subsequent changes to the order are only possible with the consent of the Seller or in cases provided by law.
3.5
The online store is available 24 hours a day.
3.6
The Seller reserves the right to refuse or cancel an order in case of a pricing error, unavailability of goods, or suspicion of misuse.
3.7
Despite efforts to ensure uninterrupted system operation, the Seller is not responsible for temporary unavailability of the system caused by force majeure or technical issues.
3.8
Only persons over 18 years of age may make purchases.
Purchase at the premises or via e-mail
3.9
Purchase can be made through the Seller’s employees at the premises, by phone, or by e-mail.
3.10
The contract is concluded at the moment the Buyer receives the order confirmation (by e-mail or orally upon payment).
3.11
The Seller reserves the right to refuse or cancel an order for the reasons stated in point 3.6.
3.12
Purchase in installments or under special conditions is possible only on the basis of a separate contract.
3.13
Ownership of the goods passes to the Buyer only after full payment of the purchase price.
4. Delivery of Goods
4.1
Delivery conditions and prices are stated on the website www.actionyachts.eu.
4.2
After the contract is concluded, the Seller will deliver the goods to the Buyer by the selected method, and the Buyer is obliged to enable delivery and accept the goods.
4.3
The Buyer is obliged to inspect the goods immediately upon receipt.
If the Buyer does not notify obvious defects or damage without undue delay, it is considered that the goods were accepted without defects.
4.4
In the case of unjustified refusal to accept the goods, the Seller has the right to claim reimbursement of the actual costs incurred.
Delivery of goods to business entities
4.5
Goods purchased by an entrepreneur (a self-employed natural person) are issued exclusively upon presentation of a valid identity card or passport.
If the Buyer is, at the time of purchase, a registered VAT payer and the goods are invoiced with 0% VAT within intra-EU supply, personal collection of the goods is not permitted.
In such a case, the place of delivery must be the address of the registered office or place of business of the Buyer, as stated in the relevant register of the Republic of Croatia.
This provision is based on Articles 39–45 of the VAT Act and Article 5 of the Electronic Commerce Act.
5. Warranty, Complaints and Liability for Defects
5.1
The sold products are subject to statutory liability for defects in accordance with the applicable legal regulations of the Republic of Croatia and relevant EU directives.
5.2
For consumers (B2C), the warranty period is 24 months from the date of receipt of the goods, unless otherwise provided by applicable regulations.
For business entities (B2B), liability for defects is governed exclusively by the contractual relationship between the parties, in particular the purchase contract, invoice, or these Terms.
5.3
The warranty period for individual components and accessories may vary and is specified in the Complaint Procedure or manufacturer’s technical documentation.
5.4
All conditions and procedures related to product complaints are governed by the Complaint Procedure, which forms an integral part of these Terms.
5.5
A complaint must be submitted in writing and must contain:
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identification of the Buyer,
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proof of purchase (invoice),
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serial number of the product,
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description of the defect.
The Seller has the right to require delivery of the claimed product for the purpose of professional technical assessment.
5.6
If the Buyer sells, donates, or otherwise transfers ownership of the product, they are obliged to inform the Seller without delay.
Otherwise, the Seller reserves the right to consider the original Buyer as the sole owner of the product, especially in complaint procedures or refunds.
5.7
The Seller reserves the right to reject a complaint, in particular in the following cases:
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no proof of purchase,
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improper use,
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mechanical damage,
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improper installation/service/storage,
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unauthorized modification (including use of adhesives/sealants),
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damage caused by user or third party,
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expired warranty.
5.8
In the case of a manufacturing defect, the Buyer has the right to:
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repair or replacement,
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price reduction,
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withdraw from the contract if the defect cannot be remedied.
These rights apply only to defects not caused by misuse or external factors.
5.9
In B2B relations, complaints are governed by contract and law.
Resolution will be without undue delay, within a reasonable time.
No fixed deadline unless agreed.
5.10
For B2C, complaints will be resolved within statutory deadlines.
5.11
Complaints are submitted in writing to the given address or email.
6. Withdrawal from the Contract
Consumer’s right of withdrawal
6.1
The Buyer who concludes a distance contract (via the internet) has the right to withdraw from the contract without stating a reason within 14 days from the date of receipt of the goods, in accordance with Articles 72–79 of the Consumer Protection Act.
6.2
The product must be returned undamaged, clean and without signs of use, in the original packaging, together with all accessories and documentation.
6.3
If the returned product shows signs of use or damage, the Seller has the right to reduce the refunded amount proportionally to the decrease in the value of the product.
6.4
The costs of returning the goods shall be borne by the Buyer.
6.5
The refund will be made within 14 days from receipt of the notice of withdrawal, but not before the Seller receives the returned product or proof that it has been sent.
6.6
The right of withdrawal cannot be exercised for:
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products made according to the Buyer’s specifications (personalized products),
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sealed hygienic products after the packaging has been opened,
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products which, due to their nature, cannot be returned.
6.7
The Buyer may exercise the right of withdrawal by completing the form available on the website www.actionyachts.eu or in writing to the above-mentioned address.
Withdrawal by the Seller
6.10
The Seller reserves the right to withdraw from the contract in the following cases:
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an obvious error in the price of the product,
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an unauthorized order by a person under 18 years of age,
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inability to deliver due to unavailability of goods from the supplier,
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suspicion of misuse of the ordering or payment system.
6.11
In the event of withdrawal, the Seller will refund the paid amount to the Buyer using the same payment method within 14 days from the date of withdrawal.
7. Complaints and Dispute Resolution
7.1
The Seller strives for full satisfaction of its Buyers. In case of dissatisfaction, the Buyer may submit a written complaint via e-mail to info@actionyachts.eu or by post to the company’s registered office address.
7.2
The Seller will respond to all complaints within 15 days from the date of receipt, in accordance with Article 10 of the Consumer Protection Act.
7.3
In the event of a dispute, the Seller and the Buyer will attempt to resolve the dispute amicably. If this is not possible, the competent court is the court with subject-matter and territorial jurisdiction in the Republic of Croatia according to the registered office of the Seller.
7.4
The Buyer may also initiate alternative consumer dispute resolution proceedings before the competent authorities in accordance with Articles 134–141 of the Consumer Protection Act.
8. Payment, Refunds and Issuance of Invoice
8.1
In the online store www.actionyachts.eu, payment can be made via:
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credit and debit cards,
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via PayPal,
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bank transfer,
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or in cash upon personal collection (if permitted).
8.2
All prices are stated in euros (EUR) and include VAT.
8.3
The invoice is issued electronically and delivered to the Buyer’s e-mail address provided in the order.
8.4
Changing invoice details after issuance is not possible.
8.5
Refunds, where applicable, will be made using the same payment method as the original transaction.
8.6
The Seller reserves ownership of the goods until full payment of the purchase price.
8.7
For cash purchases above the legal limit, the Seller may request an identification document in accordance with the Act on the Prevention of Money Laundering and Terrorist Financing.
9. Prices and Special Offers
9.1
All prices are stated in euros (EUR) and include value added tax (VAT), unless stated otherwise. The delivery price is displayed in the final stage of the order (cart) depending on the selected delivery method and destination.
9.2
The Seller reserves the right to change product prices at any time without prior notice, whereby the prices valid at the time of contract conclusion apply to existing orders.
9.3
In the event of an error in the price display (e.g. an obviously disproportionate price compared to the market value), the Seller has the right to cancel the order and immediately inform the Buyer. The paid amount will be refunded to the Buyer within 14 days using the same payment method.
9.4
Promotional and special prices are valid until stocks are exhausted or until the date specified in the promotion, whichever occurs first.
9.5
For pre-orders, the stated price is indicative and may be changed upon arrival of the goods in stock. The Buyer will be informed in a timely manner of any change and has the right to cancel the order free of charge.
9.6
Promotional discounts and special offers cannot be combined unless explicitly stated otherwise.
10. Security and Personal Data Protection
10.1
The Seller complies with applicable personal data protection regulations, in particular Regulation (EU) 2016/679 – GDPR and the Act on the Implementation of the General Data Protection Regulation.
10.2
The Buyer is obliged to protect their access data (username and password) and must not share them with third parties. The Seller is not responsible for misuse of the account caused by the Buyer’s negligence.
10.3
The Buyer has the right to request access to, correction or deletion of personal data, as well as restriction of processing in accordance with Articles 15–22 of the GDPR, by sending a request to info@actionyachts.eu.
10.4
The Seller takes all technical and organizational measures to protect personal data from unauthorized access, loss or misuse.
11. Reporting Illegal Content and Moderation
11.1
In accordance with Regulation (EU) 2022/2065 – Digital Services Act (DSA), Action Yachts has established a mechanism for reporting illegal content on its website (e.g. user reviews).
11.2
All users may report content via a form available on the website or by e-mail to info@actionyachts.eu. Each report will be reviewed within a reasonable period and the user will be informed of the outcome.
11.3
The Seller publishes an annual content moderation report, which includes the number of reports received, measures taken and statistics of active users in accordance with Article 15 of the DSA.
11.4
Communication with supervisory authorities and users is available in Croatian and English via a single point of contact available on the website.
11.5
The company undertakes to comply with the principles of transparency, proportionality and protection of minors when processing and moderating content.
12. Final Provisions
12.1
Croatian law applies. Court in Zadar. CISG excluded.
12.2
Croatian version prevails in case of translation differences.
12.3
Contracts are stored electronically.
In Zagreb, dated 01.02.2025
Action Yachts d.o.o.
These Terms are valid from 01.02.2025 and are available on the official website www.actionyachts.eu and at the offices of ACTION YACHTS d.o.o. and apply to all goods purchased after this date.