May 05, 2025
In today’s digital age, online shopping has become an indispensable part of our daily lives. This modern way of buying brings numerous advantages. However, it simultaneously opens up space for potential risks and unfair practices. Therefore, it is of utmost importance that consumers are aware of their rights. They should also know the legal mechanisms available to them in case of fraud or abuse in the online environment. This professional legal article aims to provide a comprehensive overview of consumer protection in online shopping in the Republic of Croatia. Consumer protection in online shopping is crucial for trust in the digital marketplace.
Legal definition of a consumer
According to Croatian legislation, primarily the Consumer Protection Act, a consumer is defined as any natural person who enters into a legal transaction on the market for purposes that are not intended for their business activity or the pursuit of a liberal profession. This definition emphasizes several key elements. First, to be considered a consumer, it must be a natural person. This excludes legal entities such as commercial companies and associations when acting within their business activities. Second, the legal transaction or activity on the market must be outside the scope of that person as a trader, craftsman, or professional. Thus, the purpose of the purchase or action is what determines consumer status. Consumer protection in online shopping ensures that this definition applies to the digital environment as well.
Legal framework for consumer protection
Consumers in Croatia are protected by a series of laws. These laws regulate various aspects of trade, including online commerce. The fundamental law in this area is certainly the Consumer Protection Act. In addition to it, the Electronic Commerce Act plays a significant role. This act regulates the provision of information society services and rules related to concluding contracts in electronic form. The Obligations Act is also important. It regulates contractual relations and liability for material defects. Furthermore, consumers are protected by the General Product Safety Act, the Unfair Advertising Act, the Consumer Credit Act, and the Credit Institutions Act. Croatian legislation in the field of consumer protection is fully harmonized with the acquis communautaire of the European Union. This means that Croatian consumers enjoy standards of protection that are in force throughout the European Union. Consumer protection in online shopping in Croatia is at a high level thanks to this harmonization.
Consumer protection mechanisms
To protect consumers from fraud and abuse in online shopping, several legal mechanisms are available to them. One of the fundamental mechanisms is the right to information. Before concluding a distance contract, traders are obliged to provide clear and easily understandable information. This includes the main characteristics of the products, their name and registered office, the total price including taxes and delivery costs, payment and delivery conditions, as well as the right to unilateral termination of the contract. The consumer has the right to unilaterally terminate the contract concluded at a distance within 14 days without stating a reason. This period begins to run from the day the product is delivered to the consumer. If the trader has not properly informed the consumer about this right, the period is extended to 12 months. The trader is liable for material defects of the product that appear within two years from the date of delivery. In case of a defect, the consumer has the right to repair, replacement, price reduction, or termination of the contract. The law prohibits unfair business practices, protecting consumers from misleading and aggressive actions by traders. Consumer protection in online shopping ensures transparency and fairness in digital business.
The right to unilaterally terminate the contract
If the goods ordered online are not delivered, the consumer has the right to a refund. If the trader does not deliver the goods within 30 days or within the agreed period, the consumer must remind them and give them an additional reasonable period for delivery. If delivery still does not occur, the consumer has the right to terminate the contract and demand a full refund of the paid amount. Banks usually resolve consumer complaints positively in cases of non-delivery of goods when a refund is requested via chargeback.
Liability for material defects
When goods with defects are delivered, the consumer has the right to complain about the product and demand repair, replacement, price reduction, or refund. If repair or replacement is not possible or not carried out within a reasonable time, the consumer can demand a refund. The trader is obliged to make a refund without delay, and no later than 14 days from the receipt of the notice of termination of the contract. Liability for material defects is also regulated by the Obligations Act. This act details the rights and obligations of the contracting parties in such situations. Consumer protection in online shopping guarantees a refund in justified cases.
Buying from overseas merchants
When a consumer buys from an online store based abroad, their rights depend on whether the store is located within or outside the European Union. For purchases within the EU, EU consumer protection rules apply. This means that Croatian consumers have the same rights as when buying from domestic traders.
Dispute resolution within the EU
If the online trader is based outside the EU but targets consumers in the EU, EU rules should also apply. However, exercising these rights can be more complex. In such situations, the European Consumer Centre Croatia (ECC Croatia) can be very helpful. It provides free assistance and information to consumers for cross-border purchases within the EU, Norway, Iceland, and the United Kingdom. For resolving disputes with online traders within the EU, Norway, Iceland, Liechtenstein, or the United Kingdom, consumers can use the Online Dispute Resolution (ODR) platform. Consumer protection in online shopping also covers cross-border transactions.
The role of the State Inspectorate
Mechanisms exist to prevent unfair online traders from operating in Croatia. The State Inspectorate plays the main role in supervising the implementation of consumer protection laws, including in online commerce. The Inspectorate conducts inspections of web stores to determine whether traders comply with their obligations, such as providing pre-contractual information. Consumers can submit complaints to the State Inspectorate if they believe their rights have been violated. In addition, consumers have the option of initiating court proceedings against unfair traders. The Electronic Commerce Act allows the court to order temporary measures. These measures can include prohibiting actions that could lead to a violation of rights or restricting the provision of information society services, such as removing or disabling access to data. Although there is no direct mechanism for a complete ban on operations, continuous violations of the law and court proceedings can lead to such outcomes. Consumer protection in online shopping is actively enforced by the competent authorities.
In conclusion, consumer protection in online shopping is of utmost importance in today’s digital age. The Croatian legislative framework, harmonized with European directives, provides consumers with significant rights and protection mechanisms against fraud and abuse. It is important for consumers to be aware of their rights. They should also be informed before making a purchase. Consumers should not hesitate to use the available legal tools if problems arise. Only an informed and active consumer can contribute to creating a safe and reliable online marketplace.
If you have any questions about legal consumer protection, feel free to contact us at:
