GENERAL INFORMATION

The consumer, acting as a buyer, enters into a sales contract with Pepper Pulse, acting as a seller. Pepper pulse is brand name owned by Volim ljuto d.o.o.

These General Terms and Conditions also constitute pre-contractual information as regulated by the Consumer Protection Act.

Legal entities as buyers are subject to the application of the Law on Obligatory Relations and the Law on Electronic Commerce, and are not covered by the Consumer Protection Law. These conditions apply to legal entities in the part concerning the contract conclusion process, product pricing, payment methods, and product shipment, description of product delivery methods, delivery costs, and general information. The seller may, at its discretion, provide a legal entity with the rights of a consumer buyer in each specific case.

The user is a person who uses the website www.pepperpulse.com, just like any customer visitor of the website www.pepperpulse.com.

Contracting through the website www.pepperpulse.com is regulated in accordance with legal provisions. Contracting through the website www.pepperpulse.com constitutes a distance contract.

Means of distance communication are all means that can be used for contracting at a distance without the simultaneous physical presence of the trader and the consumer, such as the Internet and electronic mail.

The seller may terminate the sales contract if the buyer does not pay the purchase price and is not obliged to deliver the products until receiving the purchase price.

The content of the website www.pepperpulse.com is available in English language. The official language for the sales contract is English.

The product buyer is any natural or legal person purchasing products through the website www.pepperpulse.com.

The buyer can only be an adult and business-capable person. Contracts on behalf of and for the account of minors and legally incapacitated persons can be concluded by their legal representatives or guardians. The seller bears no responsibility for actions contrary to this provision.

The buyer is obliged to provide valid and complete personal information when filling out the registration form. Contrary behavior by the Buyer authorizes the Seller to deny the sale of products or provision of its services.

The purchase terms define the process of ordering, payment, delivery, and return, or claim of goods offered on the pepperpulse.com web pages. By ordering products from www.pepperpulse.com, the buyer accepts the current purchase terms listed below. www.pepperpulse.com reserves the right to change the purchase terms and is not responsible for grammatical and other errors that may occur in the product description.

GENERAL PROVISIONS

The seller provides online service through its website at the domain www.pepperpulse.com.

The buyer acquaints themselves with the main features of products on the website www.pepperpulse.com.

Pepper Pulse reserves the right to change information, including product prices and special offers on the pages without prior notice.

Alongside the product image, there is a description of the main features of the product and its price including VAT.

Pepper Pulse does not exclude the possibility of an error in stating product prices or special offers and apologizes in advance to customers if it occurs. In such a case, Pepper Pulse will inform the customer about the error and the impossibility of product delivery.

Pepper Pulse enables the best possible use of the website. This includes monitoring server operation, expanding capacity according to the number of users, user support, and troubleshooting and resolving system operation issues. Pepper Pulse is not responsible for possible problems in the operation of the site and services. Pepper Pulse cannot guarantee uninterrupted or error-free use of the website. The user agrees that access to the website may sometimes be interrupted or temporarily unavailable.

The seller reserves the right at any time to modify or discontinue any segment of the business, including content, availability time, and equipment required for access or use of the pages.

Pepper Pulse reserves the right at any time, if deemed necessary, to discontinue or modify any of the General Terms and Conditions listed here. Continued use of the website after the publication of changes to the General Terms and Conditions implies that the Buyer accepts the changes.

Users use the website at their own risk. Pepper Pulse is not liable in any way for damage a user may suffer from using the website.

Pepper Pulse reserves the right to disable access to the website www.pepperpulse.com to users in case it is assessed that it is used inappropriately. Pepper Pulse reserves the right to refuse access to the website www.pepperpulse.com to anyone, based on its own assessments. The user is obligated to use the website in a manner that does not endanger resources and services as a whole. Inappropriate use of the website www.pepperpulse.com is prohibited and results in termination of access.

Pepper Pulse reserves the right to immediately terminate user accounts in the case of any behavior that the Seller, at its discretion, deems unacceptable, as well as in any case of non-compliance with the General Terms and Conditions.

The content of the website is protected by copyright law.

We invest in the development of the review process. Our reviews are subject to a user identity verification process, and we make efforts to ensure that published reviews come from consumers who have actually used or purchased the product. We do not practice or encourage the submission of false consumer reviews or recommendations, or ordering from another legal or physical person to submit them, or misrepresenting consumer reviews or social recommendations for product promotion. We have no influence on reviews left via Google, Facebook, Instagram, Twitter, and YouTube accounts and cannot affect their technical settings regarding the verification of the identity of users who leave reviews.

Products are ordered through the webshop. If any of the products are currently not in stock, we will promptly notify the customer via the email provided during product ordering.

USE OF PRODUCT DESCRIPTIONS AND DATA

Although we have taken all steps to ensure that product information on the Pepper Pulse website is correct, sometimes the composition, quantity of ingredients, as well as nutritional value and allergens of the products may change. Therefore, before consumption, be sure to read the label or declaration of the product and we do not recommend relying solely on the information published on the website.

Although product information is regularly updated, Pepper Pulse is not responsible for inaccurate information. This does not affect your statutory rights.

CONTRACTING PROCESS

Purchases are made on the Pepper Pulse website www.pepperpulse.com.

Products are searched using the search engine or by selecting categories in the main menu. For additional information about the product, it is necessary to click on the desired product.

After checking the price and availability, add the product to the cart by clicking the “ADD TO CART” button.

The contents of your cart show the total price along with the delivery price. In this step, you can choose delivery by GLS delivery service.

If you have a discount code, enter it in the appropriate section “Coupon Code”.

Before submitting the order, it is necessary to check the box “I agree with the Terms of Use and conditions of the website and am aware that the order includes an obligation to pay”

PRICE

Product prices are retail. Product prices and delivery prices are expressed in the official currency and include the corresponding VAT. Before payment, the amount to be charged is visible, depending on the selected payment method.

The seller is authorized to change prices without prior notice. Also, the seller is authorized without prior notice to determine a price lower than the regular for a particular product, group of products and/or all products, as well as for a certain payment method, which includes, among other things, promotional sales, clearance sales, seasonal discounts, sales of products with errors, and sales of products nearing expiration. These benefits may be exclusive to web purchases, which will be indicated to the Buyer before the purchase.

The product price will be the one stated at any time on our website, except in the case of obvious errors. Although we take all steps to ensure that the prices listed on the website are correct, errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel the order. If we are unable to contact you, the order will be considered canceled, and any amounts paid will be refunded in full.

PAYMENT

In the next step, you enter payment details and select the payment method.

Possible payment methods are Card payment and Paypal.

Card Payment Security

Card payments are made via the VivaWallet payment system. The card details you enter are secure and are not stored on the server we use, nor do we have insight into them.

DELIVERY

Delivery is carried out via GLS courier service throughout the EU and Croatian post services worldwide.

The package is sent by the GLS courier service, and their staff delivers it to your door.

Goods shipped with the GLS courier service generally arrive within 2–5 days after dispatch. For the USA and Great Britain, delivery takes 14–28 days because we send goods by post. Saturdays and Sundays are excluded. Once we send out your goods, we will notify you by email, and from that point onward, the GLS courier service’s delivery time applies.

All products are packaged and protected so that they cannot be damaged by usual manipulation during transport. We recommend opening the package in front of the delivery person and comparing the delivered products with the invoice, and if something is missing or products that were not ordered are delivered, immediately file a complaint with the delivery person.

Upon receipt of the delivered products, the buyer is responsible for verifying the accuracy of the order. By signing the confirmation of receipt, the buyer confirms that they have received an undamaged package, i.e., it is assumed that by inspecting the package, the buyer has determined that the received products are undamaged and quantitatively and qualitatively correspond to the products on the invoice. In the case where the buyer refuses to accept the ordered and paid products without a valid reason, the seller has the right to seek compensation from the buyer for handling and transportation costs.

If the buyer does not collect the product or refuses to collect the product without a valid reason, the seller reserves the right to demand compensation for handling, transportation, and other possible costs. Unclaimed packages are kept by the seller for a maximum duration of 14 days from the failed delivery/notification of collection, during which the product can be collected by agreement. After that, the contract is considered terminated, and the money paid for the product will be refunded.

Delivery Outside the EU

Delivery by post is possible to some other destinations outside the EU, but the delivery price varies and it is necessary to contact us via email to find out the delivery price if your country is not on the list below. Packages sent outside the EU are shipped by post, so the delivery time is considerably longer and we are not responsible for such packages, nor is compensation for any damage possible.

UK – 19.50 € – Free delivery for orders over €95.00

USA – 29,90 € – Free delivery is not available at the moment

MATERIAL DEFECTS

Pepper Pulse is responsible for material defects of the product until the risk is transferred to the Buyer.

Also, it is responsible for those material defects that appear after the risk is transferred to the buyer if they are a consequence of a cause that existed before. It is presumed that a defect that appeared within a year from the transfer of risk to the buyer existed at the time of the risk transfer, unless the seller proves otherwise or the opposite arises from the nature of the thing or the nature of the defect.

A defect exists if:

The item does not match the description, type, quantity, and quality, or does not have the functionality, compatibility, interoperability, and other features as determined in the sales contract.

The item is not suitable for any particular purpose for which it is required by the buyer and which the buyer made known to the seller at the latest at the time of the contract conclusion, and with respect to which the seller has given consent.

The item is not delivered with all additional equipment and instructions, including installation instructions, as determined in the sales contract, or if the item is not delivered with updates as determined in the sales contract.

The item is not suitable for use for the purposes for which an item of the same type would normally be used, taking into account all regulations of the European Union and the Republic of Croatia, technical standards, or, if such technical standards do not exist, applicable codes of conduct in a particular area if they exist.

The item does not match the quality and description of the 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, the receipt of which the buyer can reasonably expect.

The item does not match the quantity or does not have the properties and other features, including those relating to durability, functionality, compatibility, and safety, which are common for an item of the same type and which the buyer can reasonably expect given the nature of the item and taking into account all public statements made by the seller or other persons in previous stages of the transaction chain, including the manufacturer or those made on their behalf, especially in advertising or labeling.

The item is improperly installed or assembled if the installation or assembly service is part of the sales contract and was carried out by the seller or a person for whom they are responsible.

The item intended to be installed or assembled by the buyer is incorrectly installed or assembled by the buyer, and the incorrect installation or assembly is a result of a lack of instructions provided by the seller, or in the case of items with digital elements, provided by the seller or supplier of digital content or digital service.

The buyer is obliged to notify the seller of the existence of visible defects within two months from the day they discovered the defect, and no later than two years from the transfer of risk to the consumer (receipt of products), all in accordance with the nature of the product and instructions for using the product (expiration date).

When it turns out after receipt of the item by the buyer that the item has a defect that could not be discovered by the usual examination at the time of receipt, the buyer is obliged, under the threat of losing rights, to notify the seller of this defect within two months from the day the defect was discovered.

The seller is not responsible for defects that appear after two years from the delivery of the item. The rights of the buyer who timely informed the seller about the existence of a defect expire after two years, counting from the day of sending the notification to the seller, unless the seller’s fraud prevented the buyer from exercising them.

If the existence of a material defect is established, the seller may have one of the following obligations, all in accordance with the provisions of the Law on Obligatory Relations:

• Removal of the defect
• Delivery of another product without defects
• Reduction of the price
• Termination of the contract

Rights based on the material defect of the product are regulated by the Law on Obligatory Relations.

The buyer can terminate the contract only if they have previously given the seller an additional appropriate deadline for fulfillment.

The buyer can terminate the contract without leaving an additional deadline if the seller, after being notified of the defects, informed the buyer that they will not fulfill the contract or if it is obvious from the circumstances of the specific case that the seller will not be able to fulfill the contract even in the additional deadline, and in the case when the buyer cannot achieve the purpose for which they concluded the contract due to the seller’s delay.

If the seller does not fulfill the contract in the additional period, the contract is terminated by the law itself, but the buyer can maintain it if they immediately declare to the seller that they keep the contract in force.

The seller has the right to refuse to remove the defect if repair and replacement are impossible or would cause them disproportionate costs, taking into account all circumstances, and especially the value of the item without defects, the significance of the defect, and whether repair or replacement can be carried out without significant inconvenience for the buyer.

When the buyer is a legal entity, they are subject to the rules on material defects prescribed by the Law on Obligatory Relations, especially in the part where the material defect for legal entities is regulated differently from what is stated here in the Terms of Use, then the Law on Obligatory Relations applies.

RIGHT TO UNILATERAL TERMINATION OF CONTRACT

The consumer may unilaterally terminate the contract within 14 days without stating a reason.

The 14-day period starts from the day when the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods.

If the consumer orders multiple items in one order that need to be delivered separately, or in the case of goods delivered in multiple pieces or shipments, the 14-day period starts from the day when the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the last item or the last shipment of goods.

If the contract involved regular delivery of goods over a specified period, the 14-day period starts from the day when the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the first item or the first shipment of goods.

If the consumer is not informed about the right to terminate the contract, the consumer’s right to unilaterally terminate the contract expires 12 months after the end of the 14-day period.

If the seller provides the consumer with notice of the right to terminate the contract within 12 months, the right to unilaterally terminate the contract expires 14 days after the consumer receives this notice.

For the consumer to exercise the right to unilaterally terminate the contract, they must inform the seller of their decision to unilaterally terminate the contract before the expiration of the 14-day period, with an unequivocal statement sent by mail to the address Gajeva 37, 10297 Igrišće or by email to info@pepperpulse.com.

The form for unilateral termination of the contract can be downloaded here.

The seller will immediately send a confirmation of receipt of the statement of unilateral termination of the contract to the consumer by email. In the case of contract termination, each party must return to the other party what it received under the contract. Unless the seller offered to collect the goods the consumer is returning, the seller must make the refund only after the goods are returned or after the consumer provides proof that they sent the goods back to the seller if the seller was informed about this before receiving the goods. The seller is not obliged to refund the additional costs resulting from the consumer’s explicit choice of a type of transportation that is different from the cheapest type of standard transportation offered by the seller. The seller must make the refund using the same means of payment used by the consumer during payment, unless the consumer explicitly agrees to another means of payment, and provided that the consumer is not obliged to pay any additional costs for such a refund.

The consumer bears the costs of returning the product. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods other than what was necessary to determine the nature, characteristics, and functionality of the goods.

To determine the nature, characteristics, and functionality of the goods, the consumer may handle and inspect the goods only in the way that is usual when purchasing goods in the seller’s physical store. Goods that the customer intends to return within 14 days must not be worn, altered, used, protective films removed, or undertake particularly any actions that are not allowed in the seller’s physical store, as well as those that would reduce the value of the goods.

During the period in which the consumer exercises the right of return, the goods must be kept with due care, and the consumer must act as a particularly careful and conscientious person.

The buyer does not have the right to unilaterally terminate the contract if:

The service contract was fully performed by the Seller, and the performance began with the explicit prior consent of the Buyer, and with their acknowledgment that they are aware of the fact that they will lose the right to unilaterally terminate the contract from this section if the service is fully performed;

The subject of the contract is goods or services whose price depends on fluctuations in the financial market that are beyond the Seller’s influence, and which may occur during the duration of the Buyer’s right to unilaterally terminate the contract;

The subject of the contract is goods made according to the Buyer’s specification or clearly adapted to the Buyer;

The subject of the contract is perishable goods or goods that expire quickly;

The subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons if they were unsealed after delivery;

The subject of the contract is goods that, due to their nature, are inseparably mixed with other items after delivery;

The subject of the contract is the delivery of alcoholic beverages whose price was agreed at the time of concluding the contract, and delivery can only follow after 30 days, if the price depends on changes in the market that are beyond the trader’s influence;

The Buyer specifically requested a visit from the Seller to perform urgent repairs or maintenance work, provided that if during such a visit, in addition to the services that the Buyer explicitly requested, the Seller provides some other services or delivers some other goods besides those necessary for performing urgent repairs or maintenance work, the Seller has the right to unilaterally terminate the contract in relation to those additional services or goods;

The subject of the contract is the delivery of sealed audio or video recordings, or computer software, which were unsealed after delivery;

The subject of the contract is the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts for such publications;

The contract was concluded at a public auction;

The subject of the contract is the provision of accommodation services not intended for residence, transport of goods services, car rental services, food and beverage delivery services, or services related to leisure activities if it was agreed that the service be provided on a specific date or within a specific period;

The subject of the contract is the delivery of digital content not supplied on a tangible medium if the performance of the contract began with the explicit prior consent of the Buyer and with their acknowledgment that they are aware of the fact that they will thereby lose the right to unilaterally terminate the contract;

NOTICE ON THE MANNER OF WRITTEN COMPLAINTS BY CONSUMERS

All complaints by the Buyer can be sent by mail to the address Gajeva 37, 10297 Igrišće or by email to info@pepperpulse.com.

For Pepper Pulse to respond to the consumer’s written complaint not sent by email, consumers are asked to provide accurate information about their name and surname and the address to which the response will be delivered. Pepper Pulse must legally provide a response to the consumer’s complaint in writing no later than 15 days from the day of receipt of the complaint.

In case of a possible dispute, Pepper Pulse and the consumer will resolve the dispute amicably, and if it is not possible, the competent court with subject matter and local jurisdiction shall apply Croatian law. Dispute resolution is possible before the Court of Honor of the Croatian Chamber of Economy or other mediation centers.

Consumer disputes can be resolved through the ODR platform of the European Commission

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

The rules on the written complaint of consumers do not apply to legal entities, to which the Law on Obligatory Relations and the Law on Electronic Commerce apply.