Complaints rules

ACTION YACHTS d.o.o. · Savska cesta 32, 10000 Zagreb, Croatia · OIB 16033688533

1. General provisions

1.1 These Complaints Rules form an integral part of the General Terms and Conditions of ACTION YACHTS d.o.o., OIB 16033688533, registered office Savska cesta 32, 10000 Zagreb, entered in the court register (the "Seller" or "ACTION YACHTS").

1.2 These Rules govern the procedure for submitting and handling complaints concerning goods purchased from ACTION YACHTS.

1.3 The Buyer should read these Rules and the Terms and Conditions before placing an order. By concluding the purchase contract and accepting the goods, the Buyer confirms acceptance of these Rules.

1.4 The Buyer shall provide the cooperation necessary for handling the complaint. If the Buyer does not cooperate, the time limit for resolving the complaint is extended by the period of non-cooperation.

1.5 The definitions in these Rules take precedence over those in the General Terms and Conditions. Terms not defined here are interpreted according to the General Terms and Conditions and the laws of the Republic of Croatia.

1.6 Complaints concerning services (rentals, lessons, charters, registration support, etc.) are governed by the terms of the specific service.

1.7 In these Rules, a "consumer" (B2C) is a natural person buying for purposes outside their trade or profession; a "business buyer" (B2B) is any other buyer.

2. Warranty and proof of purchase

2.1 As proof of warranty, ACTION YACHTS issues an invoice for each item purchased, containing the information required by law (product name, warranty period, price, quantity and serial number).

2.2 At the Buyer's express request, ACTION YACHTS may issue a warranty card. Otherwise, the invoice serves as proof of warranty.

2.3 If a warranty card is issued, it clearly defines the scope, conditions, duration and procedure for exercising rights, and states that the warranty does not affect the Buyer's statutory rights.

2.4 For business buyers, the warranty is provided solely to the extent agreed in the sales contract or on the invoice.

2.5 The commercial warranty provided by ACTION YACHTS is described in our Warranty Policy. It applies in addition to, and does not limit, the statutory liability for material defects.

3. Warranty periods and rights from defective performance

3.1 The warranty period begins on the day the Buyer receives the goods.

3.2 Unless agreed otherwise in writing, the periods are:

New goods: 24 months (B2C)
Nearly new goods (professionally inspected): 21 months
Used goods: 12 months
Refurbished goods: 12 months
Consumables (batteries, hygiene products, cosmetics): according to the shelf life stated on the packaging, at most 24 months

Batteries of eFoils and electric surfboards are additionally subject to the cycle limit set out in the Warranty Policy.

3.3 Business buyers must exercise their rights from defective performance without undue delay and at the latest within the agreed warranty period.

3.4 If a defect appears within one year of purchase (B2C), it is presumed to have existed when the goods were handed over, unless the Seller proves otherwise.

3.5 Consumers should notify the Seller of a defect within two months of discovering it.

4. Rights in the event of a defect

4.1 If the goods are defective, the Buyer may request:

repair, or
replacement with a defect-free product (where possible and not disproportionately costly).

4.2 The Seller may refuse the request if repair or replacement is impossible or would cause disproportionate costs.

4.3 The Buyer may request a reasonable price reduction or withdraw from the contract only if:

the Seller refuses to remedy the defect,
the defect recurs,
the defect constitutes a material breach of contract, or
it is clear that the defect will not be remedied within a reasonable time.

4.4 In the event of withdrawal from the contract, the Seller refunds the price paid after receiving the returned goods or after the Buyer proves that the goods have been sent back.

4.5 The right of consumers to withdraw from a distance contract within 14 days without giving a reason is separate from these Rules and is described in our Refund Policy.

5. Condition of goods on delivery

5.1 The Seller warrants that on delivery the goods:

correspond to the agreed specifications,
are fit for their usual purpose,
correspond in quantity, size and weight,
comply with applicable legislation.

5.2 The Buyer must inspect the goods on receipt (quantity, packaging, damage). Any defects found must be noted immediately in the delivery documents or reported to the Seller. For more details see our Shipping Policy.

6. Conditions for a complaint

6.1 The Buyer must deliver the defective goods together with their basic accessories, preferably with proof of purchase.

6.2 Complaints can be submitted:

in person at ACTION YACHTS premises,
through authorised service centres,
by e-mail to support@actionyachts.eu,
by post to: ACTION YACHTS – Complaints, D-Marin Dalmacija, Dr. Franje Tuđmana 24, 23206 Sukošan, Croatia.

6.3 The cost of sending the goods is borne by the Buyer, unless the law provides otherwise.

6.4 ACTION YACHTS is not liable for defects or damage caused by:

improper use, storage or maintenance,
unauthorised repairs or modifications,
mechanical damage, water ingress, fire or force majeure,
the use of non-original accessories or parts,
normal wear and tear.

6.5 Complaints are resolved within 30 days of being properly submitted, unless agreed otherwise. In the event of replacement, the original warranty period applies.

6.6 To speed up the procedure, the complaint should include:

the Buyer's name, address, e-mail and telephone number,
the invoice or order number and date of purchase,
the product name and serial number,
a description of the defect and when it was discovered,
photos or a video of the defect,
the requested remedy (repair, replacement, price reduction, withdrawal).

6.7 Goods sent for complaint must be packed safely for transport. Batteries must be shipped in accordance with dangerous goods rules – please contact us before sending a battery so we can arrange suitable transport.

7. Complaint handling procedure

7.1 We confirm receipt of every complaint without delay, by e-mail or in writing.

7.2 We reply to a written complaint within 15 days of receiving it, as required by the Croatian Consumer Protection Act.

7.3 We assess the complaint – where necessary in cooperation with the manufacturer or an authorised service centre – and inform the Buyer of the outcome and the proposed remedy.

7.4 If the complaint is accepted, the remedy is carried out without undue delay, at the latest within the time limit in point 6.5.

7.5 If the complaint is rejected, we give the reasons in writing. If the complaint proves unjustified, the Buyer may be charged reasonable transport and diagnostic costs, provided the Buyer was informed of them in advance.

8. Out-of-court dispute resolution

8.1 We always try to resolve complaints amicably. If a dispute cannot be resolved, consumers may contact an alternative dispute resolution body:

Centar za mirenje Hrvatske obrtničke komore, Ilica 49/II, 10000 Zagreb, mirenje@hok.hr.

8.2 Consumers may also contact consumer protection associations or the competent market inspectorate (Državni inspektorat Republike Hrvatske).

9. Final provisions

9.1 These Rules do not limit the statutory rights of consumers under the Consumer Protection Act and the Civil Obligations Act.

9.2 For business buyers, the Seller's liability is limited to what has been expressly agreed.

9.3 These Rules are governed exclusively by the laws of the Republic of Croatia. The courts of the Republic of Croatia have jurisdiction to resolve disputes, without prejudice to the mandatory rights of consumers.

9.4 These Rules form an integral part of the General Terms and Conditions, take effect on 1 February 2025, are available on the official website www.actionyachts.eu and at the offices of ACTION YACHTS d.o.o., and replace all previous versions.

10. Contact

E-mail: support@actionyachts.eu · info@actionyachts.eu
Phone: +385 99 6469 107