Terms and conditions of purchase in the Konzum Smart Store
KONZUM plus d.o.o.
KONZUM plus d.o.o.
Terms and conditions of purchase in the Konzum Smart Store
The following terms and conditions of purchase (hereinafter referred to as: Terms) in KONZUM Smart Store of the company Konzum plus d.o.o. Marijana Čavića 1a, Zagreb, entity ID-No (OIB): 62226620908 (hereinafter referred to as: Konzum) govern the rights and mutual obligations of you, the visitor and/or customer, and us, the seller, in the KONZUM Smart Store.
KONZUM Smart Store is a store without cash registers, that records customers' selections from the shelf, adds them to their virtual basket, and processes payments automatically—without the assistance of salespeople or the need for cash payments at the register—using a system made up of software and cameras placed throughout the store.
KONZUM mobile application – application that can be downloaded from Google Play, Apple App Store and Huawei App Galery (links are provided on the company’s website https://www.konzum.hr/mobilna-aplikacija). With this application customers can access Konzum’s unified services within the same Konzum platform, including shopping services in the KONZUM Smart Store.
Customers can contact Konzum through the Contact Centre to submit complaints, pay compliments, offer suggestions, and other things. Additionally, customers can use the contact centre to file complaints regarding goods and/or incorrectly collected invoice amounts.
A Customer is any individual, whether a natural or legal person, who enters the Konzum Smart Store by the scanning a QR code with a barcode reader, or who enters the store by submitting and authorizing a credit or debit card on an EFT tablet to the point-of-sale (POS) device located at the entrance, that is created within the Konzum mobile application, and who selects at least one product and pays the price for it.
The Retail price is the purchase price in the official currency of the Republic of Croatia for an individual Product, i.e. a certain quantity of the product, including taxes and other charges.
A Consumer's written complaint is a complaint that the consumer addresses to Konzum as a seller on a permanent medium, expressing his dissatisfaction with the purchased product, that is, related to Konzum's selling services to the Consumer.
A Consumer is any natural person - a customer who enters into a legal relationship or operates on the market outside of the trade, commercial, sole trader business, or professional activities.
A Visitor is any legal or natural person who enters the Konzum Smart Store without making a purchase but stays to view the Products.
A Product is any product, i.e. all products that can be purchased in the Konzum Smart Store.
The Contract is a sales contract by which Konzum transfers or undertakes to transfer ownership of the Product/Products to the Customer, and the Customer pays or undertakes to pay the price.
Anyone who comes into the store to accompany a customer is considered an Accompanying individual.
There are two options to enter the Konzum Smart Store:
In order to access or enter the Konzum Smart Store by using a QR code created in the Konzum mobile application, you need to download or install the application on your mobile device and complete the registration process, i.e. create your user account within the application.
If you are already a registered user of the KONZUM mobile application, you will have access to the KONZUM Smart service after choosing "KONZUM Smart" in the application menu.
The following features of the KONZUM Smart can be accessed by using the KONZUM mobile application:
To access the KONZUM Smart Store, or to be able to enter the store, it is required that
You can enter the data from your credit or debit card immediately before entering the KONZUM Smart Store. Moreover, immediately after leaving the KONZUM Smart Store, you can delete your credit or debit card information.
Once the saved card's pre-authorization has been successfully completed, you will be able to access the KONZUM Smart Store.
To enter the KONZUM Smart Store with your credit or debit card, it is necessary to pre-authorize your card at the EFT-POS device located at the entrance to the store in order to carry out the pre-authorization as described in clause 7 of these Terms and Conditions.
Upon successful pre-authorization, enter your email address or phone number on the tablet located at the entrance to the store of your choice so that we can send you the invoice in electronic form.
After a successful pre-authorization process and the entry of the data specified in the previous paragraph (email or phone number), you will be allowed to enter the store.
3.3. LIABILITY
The customer is responsible for the accuracy, correctness, and completeness of all entered data specified herein. The customer is obliged to enter his data.
If pre-authorization is refused (due to a bank-customer relationship), Konzum shall not be liable for the inability of the customer to access the KONZUM Smart Store and make a purchase.
In the event that a person entered the store and made a purchase through misuse or unauthorized use of the Customer's credit or debit card, Konzum shall not be held responsible for the misuse of the Customer's credit or debit card.
The parent or guardian of a person under the age of 18 shall be held responsible for the purchases made by a minor using cards in the KONZUM Smart Store.
The Products assortment in the KONZUM Smart Store may differ from the standard assortment of other KONZUM stores. Accordingly, the product assortment in the KONZUM Smart Store is limited to certain types of Products.
The Customer is accountable for being of legal age in accordance with laws pertaining to the minimum age required to purchase alcoholic beverages.
In compliance with the applicable legal provisions, the sales staff of the KONZUM Smart Store has the right to request an inspection of your personal identification document if they believe that the Customer is not 18 years of age or older. The sales staff evaluate adulthood. As an additional layer of protection or assurance that the law prohibiting the sale of alcohol to minors will be implemented, the section of the KONZUM Smart Store that sells alcoholic beverages is located in a separate area at the entrance. An age assessment system has been installed there to prevent people under the age of eighteen from entering the store. Please note that the aforementioned system does not save your face image or any other personal information about you at any point, nor does it use any kind of unique identification.
The Customer can begin shopping as soon as he enters the KONZUM Smart Store.
If several people enter the KONZUM Smart Store, only one of them generates and scans the QR code available in the KONZUM mobile application, while the other people enter as accompanying persons. The Products taken by that person will be added to the virtual cart of the person who scanned the QR code, and the Products will be charged to the person who scanned the QR code.
In the event that accompanying persons wish to make their own purchases in the KONZUM Smart Store, they must also carry out the steps outlined in clause 3 of these Terms and Conditions. Otherwise, all purchased Products, i.e. Products taken from the shelf or the refrigerator in the KONZUM Smart Store, will be charged to the Customer who generated the QR code, or pre-authorized his card, and who was the one who brought the accompanying persons in through the entrance ramps.
In order to complete a purchase, the Customer needs to choose the Product from the KONZUM Smart Store product line that he wants to buy, in that he takes the Product with him and/or accompanying persons from the store. If the Customer chooses to purchase a beverage from the coffee machine, as soon as the Customer selects the beverage and its preparation starts, the beverage will be added to the virtual cart and charged to the Customer when leaving the KONZUM Smart Store, regardless of whether the Customer actually took the beverage from the device or not.
In order to ensure the proper operation of the system in the Store, the following instructions/rules must be followed when selecting Products for purchase and moving within the KONZUM Smart Store:
Konzum retains the right to instantly terminate the user account of the Customer or Visitor in the event that Konzum suspects abuse on the part of the Customer and/or Visitor. Additionally, Konzum has the same rights in the event that the Customer or Visitor engages in any behaviour that Konzum, in its sole discretion, considers inappropriate, as well as in any case of non-compliance with these Terms.
The customer, or the Visitor, is obliged to inform the accompanying persons that Konzum also processes their personal data. The accompanying persons can learn more about the processing of their personal data in connection with the visit to the KONZUM Smart Store by reading the Notice on the processing of personal data in the KONZUM Smart Store available on the Konzum website www.konzum.hr, in the KONZUM mobile application and on tablets placed at the entrance to the store.
After completing the purchase, the Customer, or the Visitor after viewing the Product, should leave the KONZUM Smart Store together with the accompanying Persons.
The behaviour of Customers, Visitors and Accompanying Persons in the KONZUM Smart Store is monitored and analysed by using a special system linked to a series of cameras. This system enables the purchase of Products that the Customer takes from the shelf, out of the refrigerator or coffee machine.
The subject of the purchase agreement entered into by and between the Customer and the KONZUM Smart Store are Products from the KONZUM Smart Store product assortment, which the Customer chooses to purchase by taking them from the shelves, out of refrigerators, or coffee machines. KONZUM issues an electronic invoice for the products, and the Customer pays it. The purchase contract is considered concluded upon leaving the KONZUM Smart Store, that is when the doors on the exit ramps of the KONZUM Smart Store are closed. This means that the sale of the Product is completed directly in the Store, and as such, it does not constitute a contract concluded off-premises or remotely as regulated by the provisions of the Consumer Protection Act.
A limit on the maximum number of people shopping at the same time in the KONZUM Smart Store can be applied. In this case and should the maximum number of people in the KONZUM Smart store be reached at a certain moment, no additional customers will be allowed entry until enough space is freed.
After the purchase is completed, the Customer will receive the invoice for the purchase at the email address he registered with on the KONZUM mobile application. The invoice will also be visible to him within the application at the email address or phone number the Customer left if he entered the store by using a payment card.
When the Customer interacts with the shelves, coffee machine, refrigerator, etc., in which Products are displayed, the system records an anonymized video of the customer. In these situations, the system cannot determine which Product the Customer bought or took from the shelf or how much of it he took, hence this video recording is viewed by operators. The recordings are examined to determine the purchase and to ensure accurate billing for the Products purchased, that is, to avoid situations where the Customer is charged for more or fewer purchased Products. In the aforementioned case, a shorter delay in delivering the invoice to the customer may occur after he leaves the store.
The following debit or credit cards can be used to pay for the products in the KONZUM Smart Store by one-off payment:
MAESTRO
MASTERCARD
VISA
DINERS CLUB INTERNATIONAL
DISCOVER
AMERICAN EXPRESS
KONZUM GIFT CARD
The active card that the Customer has added to the KONZUM mobile application, chooses when creating the QR code in the application and uses to enter the Store will be used to pay for the purchases. If the Customer has more than one active payment card, before entering the Store, he must decide which of his active payment cards he will use to make payments in the Store.
If the Customer enters the KONZUM Smart Store with a credit or debit card, then the payment will be made by using that card.
By pre-authorization, the Customer agrees to the automated debiting of his payment card account.
The customer is required to have enough money on his card account to cover the amount of goods purchased in the KONZUM Smart Store. By accepting these Terms and Conditions, the customer authorizes the card issuer to charge the amount of the purchased goods.
From the moment the Customer leaves the KONZUM Smart Store until the receipt of the payment for the purchase, the Customer may not delete or change the data of his active card he uses to make payments for purchases in the store. Once the purchase amount has been charged, the Customer can delete all data on that card.
It should be noted that the card’s data is not accessible to Konzum. Instead, the pre-authorization, billing and card storage are handled by mStart d.o.o., a third party with a PCI-DSS certificate that guarantees data security and protection.
Before entering the Store, your payment card will be pre-authorized in the amount of €10 by using the KONZUM mobile application.
Before entering the Store with your payment card, your payment card will be pre-authorized in the amount of €10.
You will not be permitted entry into the Store if there are insufficient funds on your payment card to cover the pre-authorization amount stated above.
If you have enough funds on your payment card, you will be able to enter the Store.
By pre-authorization, your funds in the amount specified herein are only reserved for Konzum. Your payment card will be authorized after the purchase, meaning that the amount of the actually purchased items will be charged. The card issuer releases the remaining balance of the reserved amount of money for your further usage within the specified time frames.
Konzum will issue an invoice in electronic form for purchases made in the KONZUM Smart Store and deliver it to the email address you provided when registering for the KONZUM mobile application. Your invoice will also be available within the KONZUM mobile application.
By activating the KONZUM Smart service in the KONZUM mobile application, that is by entering an email address or mobile phone number on the tablet at the entrance to the store, the Customer agrees and requests the receipt of the invoice in electronic form.
Customers can submit complaints to Konzum orally by calling the toll-free phone number 0800 400 000, in writing by sending an e-mail to konzum@konzum.hr or by filling out the online complaint form for Konzum stores on the Konzum website.
You can contact us in the same way if you are unsatisfied with our service.
In order to be able to review the complaint as efficiently and quickly as possible, please provide us with:
In the event that the Consumer sends the complaint, upon receipt of the complaint we will send you a confirmation that we have received the complaint, and we will respond to it within 15 calendar days at the latest. In the event of a complaint regarding the use of the Konzum Smart service, the Consumer may submit a complaint to one of the selected bodies for alternative consumer dispute resolution. In the Republic of Croatia, there are two types of bodies selected for alternative consumer dispute resolution, conciliation centres and courts of honour. Please note that each body has its own rules of procedure, prices, and specific competencies for one or more consumer sectors. The consumer can determine whether a certain body is eligible to receive his complaint by visiting each body's website.
In the event of a material defect in any kind of Product, Konzum takes on the liability for this defect within the periods provided for by the law. Liability for material defects will be determined in accordance with the provisions of the applicable Obligations Act.
If the subject of the contract is a moveable object in which the digital content is embedded or connected to the object so that the absence of that digital content would render the object non-functional, then the provisions of the Obligations Act on liability for material defects do not apply to consumer contracts for the supply of digital content delivered under the Contract.
In the case of an object with digital elements, the risk passes to the customer at the moment when the one-time delivery of digital content is made, or when the continuous delivery of digital content begins.
Konzum shall bear the costs of correcting the material defect and delivery of another Product free of material defects.
A material defect is deemed to exist:
A material defect is also deemed to exist:
Konzum is not bound by public statements made by him or by any other party involved in the previous stages of the chain of transactions if he can prove that he did not know or could not have known about that statement, or that by the time the Contract was concluded, the public statement had been corrected in the same or comparable way as when it was given, or that this public statement did not influence the decision to purchase.
In consumer contracts, the following defects do not exist: the defects of unsuitability for use for purposes for which the same Product would typically be used, inadequate quality, non-delivery of additional equipment, and inadequate quantity or absence of usual properties for a Product of the same type if, at the time of concluding the Contract, the consumer was expressly informed that a certain feature deviates from the criteria used to determine the cited defects, and if the consumer expressly and separately accepted this when entering into the Contract. It is assumed that any defect in the Product, which was proved to have occurred within a year after the risk transfer, existed at the time of transfer of risk unless Konzum proves otherwise or the contrary results from the nature of the Product or the nature of the defect.
Provisions of the Contract that limit or exclude liability for Product defects in the consumer contract before the consumer informs the seller about a material defect in the Product are not binding on the consumer.
The customer is obliged to inspect the received item in the usual way or to have it inspected, as soon as this is possible according to the standard procedure, and to notify the seller of visible defects within eight days, and in the case of a commercial contract without any delay. Failing to do so will result in the customer’s rights appertaining to him on that basis being lost.
When the inspection is carried out in the presence of both parties, the customer is obliged to immediately notify the seller of any objections he may have owing to visible defects. If he fails to do so, he loses the right he may have. In consumer contracts, the consumer as a buyer is not obliged to inspect the item or submit it for inspection, but he is obliged to inform the seller of the existence of visible defects within two months from the day he discovered the defect, and at the latest within two years from the risk transfer to the consumer. In the event that the customer discovers a defect after receiving the item that was not apparent during a routine inspection upon taking possession of the item, the customer is required, at the customer's risk of losing rights, to notify the seller of the defect within two months of the defect's discovery, or immediately in the case of a commercial contract.
The seller is not responsible for defects that appear after two years have passed since the item was handed over, i.e. six months in the case of a commercial contract.
The customer who has duly and timely informed Konzum about the defect in the Product may request that the defect be removed, or he has the right to have the Product repaired or replaced at his discretion. If Konzum fails to remove the defect within the subsequent appropriate period given by the Customer, i.e. does not carry out repairs or replacements, the Customer may terminate the Contract or demand a price reduction.
When exercising the right to have the defect corrected, the Customer may choose to have the product repaired or replaced, unless the chosen method of defect remedy would be impractical or would result in disproportionate costs for Konzum when compared to another methods. This decision will be made by taking into account all the circumstances, especially the Product’s value in its defect-free state, the significance of the defect and whether the repair or replacement can be completed without causing the customer significant inconvenience.
Konzum is authorized to refuse to remove the defect if repair and replacement are impossible or would cause disproportionate costs to it, taking into account all the circumstances, especially the Product’s value in its defect-free state, the significance of the defect and whether the repair or replacement can be completed without causing the customer significant inconvenience.
The Customer has the right to a price reduction or to terminate the Contract only if Konzum has not removed the defect, or has refused to do so or has not removed the defect in accordance with the legal provisions governing repair and replacement, if the defect exists despite Konzum's attempt to remove it, i.e. if Konzum declared that it would not remove the defect or it clearly follows from the circumstances that it will not remove the defect within a reasonable time or without considerable inconvenience to the Customer, and if the defect is so serious that it justifies an immediate price reduction or termination of the Contract. The Customer has the right to withhold payment of any remaining portion of the price until Konzum fulfils its obligations under liability for material defects.
Konzum bears the burden of proving the defect is not serious.
Konzum shall bear the costs of correcting the defect and the delivery of a defect-free Product.
Each and every Product we sell is stored and delivered in accordance with the specified storage requirements, or as recommended by the manufacturer. The shelf life indicated on the original packaging is only valid if the Product is correctly stored in compliance with the storage conditions specified in the declaration.)
What rights does the customer have in the case of repair or replacement?
The repair or replacement of the defective Product is carried out without additional cost to the Customer, within a reasonable time after the Customer notified Konzum of the defect (by showing up at the business premises, by post, fax, or e-mail) and without causing the Customer any undue inconvenience, taking into account the Product nature and the purpose for which the Customer needed that Product.
When the Product has to be repaired or replaced, the Customer is liable to make the Product accessible to Konzum, and Konzum shall take it over and bear the takeover costs.
Should the Product be replaced, the Consumer is not liable to pay the cost of using the replaced Product for the time leading up to the replacement.
Which situations prevent you from exercising the right to terminate the Contract and return the Product?
The customer does not have the right to terminate the Contract due to a defect in the Product, in the event that the Customer is unable to return the Product, or to return it in the condition in which he received it unless the Product has completely or partially decayed or been damaged due to a defect that justifies the termination of the Contract, or due to an event that does not originate from him or from any person he is responsible for. The Customer who, due to the inability to return the Product or to return it in the condition in which it was received, has lost the right to terminate the Contract, retains the other legal rights pertaining to the existence of a defect, such as the right to demand the delivery of another Product free of defects.
Konzum undertakes to provide the commercial warranty statement and supporting paperwork for every product that needs to be delivered to the Customer with those documents enclosed.
The commercial warranty statement, installation instructions, instructions for use, etc. will be delivered to the Customer together with the ordered Product, and the manufacturer or importer guarantees that the Product used in accordance with the attached instructions and the commercial warranty statement will function properly within the warranty period.
In the event of Product failure and other possible defects, the warranty provider undertakes to repair or replace the Product within a reasonable period in accordance with the Obligations Act.
Should the seller fail to repair or replace the Product within a reasonable time, the Customer has the right to terminate the Contract or reduce the price, and, in any case, the right to recover damage.
If you have any questions or need any clarification, please contact us via toll-free number 0800 400 000 or e-mail address online@konzum.hr.
Information notice on personal data processing in the KONZUM Smart Store, which is available at www.konzum.hr, within KONZUM mobile application, and on the tablet at the entrance to the KONZUM Smart Store, contains information on how Konzum, as the data processing manager, processes the personal data of its Customers, Visitors and Accompanying Persons.
If any provision of these General Terms and Conditions shall be held to be invalid, this invalidity shall not in any way affect the validity of any other provision of these Terms, and the remaining provisions hereof shall remain in force.
The failure of either party to exercise its rights under these Terms shall not be deemed a waiver or loss of those rights in the future, nor of any other rights set forth in the Terms.
To everything not regulated by these Terms, provisions of the Obligations Act and the Consumer Protection Act shall apply.
The contracting parties shall try to settle amicably any disputes arising out of or related to these Terms and Conditions. All disputes or claims that may arise from the use of this website, related to these Terms, or their implementation, are subject to the jurisdiction of the court in Zagreb by the application of the relevant substantive Croatian law.
These General Terms and Conditions shall be in effect as of 20th September 2023 and shall remain in force until altered or revoked by Konzum.
Konzum reserves the right to alter and amend these General Terms and Conditions. Notification of any changes will be sent to you through the website www.konzum.hr, KOZUM mobile application, and on the tablet at the entrance to the store.
December 2023