4. DIGITAL PRODUCTS AND REFUND POLICY (EU WAIVER)
4.1. Complete Exclusion of Return Rights under EU Law
In accordance with Article 16(m) of the EU Consumer Rights Directive (Directive 2011/83/EU), the statutory 14-day right of withdrawal (cooling-off period) is fully excluded and does not apply to contracts for the supply of digital content not delivered on a tangible medium once the performance has begun. [1, 2, 3]
4.2. Complete Exclusion under Croatian Consumer Law
In strict compliance with Article 86, Paragraph 1, Item 13 of the Croatian Consumer Protection Act (Zakon o zaštiti potrošača, Narodne novine br. 19/22, 59/23), the consumer has no right to unilaterally terminate a distance contract if the subject of the contract is digital content not supplied on a material medium, provided that the execution of the contract has commenced with the consumer’s explicit prior consent and acknowledgment of losing the right to terminate. [1]
4.3. Execution, Logging, and Final Sale Enforcement
By selecting the mandatory waiver checkbox at checkout, you provide your explicit prior consent for immediate delivery of your Photoshop actions, presets, or digital backgrounds. You formally acknowledge that you completely lose your statutory right to cancel, return, or claim a refund for the transaction the exact millisecond the download link is accessed or generated.
To prevent friendly fraud and chargeback abuse, our system automatically tracks and archives your unique IP address and download timestamps, which will be submitted to financial institutions as binding legal proof of contract performance.
7. RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
7.1. Explicit Statutory Exception for Photography Assets
While consumers entering distance contracts inside the European Union generally benefit from a 14-day reflection period to change their mind under the Consumer Rights Directive, digital photography assets (including actions, preset configuration files, and digital images and all other digital products) are immediate execution contracts. https://www.eccnet.eu/consumer-rights/what-are-my-consumer-rights/shopping-rights/cooling-period
7.2. Irrevocable Loss of Contract Cancellation Rights
Pursuant to Article 86 of the Croatian Consumer Protection Act and Article 16(m) of EU Directive 2011/83/EU, the right to unilaterally terminate this digital transaction without giving a reason is permanently and irrevocably lost upon order submission. Because you gain instant, un-returnable possession of our intellectual property, all digital delivery contracts are fully executed immediately, and the transaction cannot be cancelled, modified, or reversed post-payment. https://mingo.gov.hr/userdocsimages/public/documents/Pravo%20na%20jednostrani%20raskid%20ugovora,%20bro%C5%A1ura,%20srpanj%202014.1.pdf
7.1.2. Statutory Exception under EU and Croatian Law
In accordance with Article 16(m) of the EU Consumer Rights Directive (Directive 2011/83/EU) and Article 86, Paragraph 1, Item 13 of the Croatian Consumer Protection Act (Zakon o zaštiti potrošača), the standard 14-day right to unilaterally terminate a distance contract without giving a reason is completely excluded and does not apply to digital content supplied on a non-tangible medium once performance has begun.
7.3 Irrevocable Loss of Cancellation Right
By checking the mandatory confirmation box on our CartFlows checkout screen and completing your payment via PayPal, you provide your explicit prior consent for immediate contract execution. The Buyer formally acknowledges and accepts that the right to unilaterally terminate the contract, cancel the order, or request a refund is permanently and irrevocably lost the exact millisecond the digital download link is accessed, generated, or made available in your user dashboard.
7.4 Legal Framework and Cancellation Interface Notice
Pursuant to the latest statutory modernizations of the Croatian Consumer Protection Act regarding online distance contracts, businesses must provide an accessible digital cancellation interface (the “Withdrawal Button”) for eligible service contracts. However, because Photoshop actions, presets, and digital backgrounds constitute digital content with immediate performance under Article 86, checking the checkout waiver disqualifies the transaction from unilateral termination. Consequently, any attempt to invoke contract cancellation post-delivery will be automatically rejected based on this statutory legal exclusion.