Rights and Obligations of Consumers
The seller is obliged to inform the consumer (buyer) about the basic characteristics of the goods (products) they are purchasing, about the price, method of payment, method and time of delivery, and the manner of fulfilling other contractual obligations, about the functionality of the goods, including measures for the technical protection of digital content, about the relevant interoperability of digital content with hardware and software known to the seller, about the existence and conditions of after-sales services and warranties, about the existence of legal liability of the seller for non-conformity of the goods with the contract, about the method of filing a complaint, especially about the place of receipt and the manner of handling them, as well as the conditions related to the exercise of consumer rights based on conformity.If the removal of non-conformity in accordance with paragraph 2 of this article is not possible, the consumer has the right to request an appropriate reduction in price or to terminate the contract if: 1) the non-conformity cannot be removed by repair or replacement at all or within a reasonable time; 2) they cannot exercise the right to repair or replacement, or if the seller has not performed the repair or replacement within a reasonable time; 3) the repair or replacement cannot be carried out without significant inconvenience to the consumer due to the nature of the goods and their purpose; 4) the removal of non-conformity by repair or replacement represents a disproportionate burden for the seller.A disproportionate burden for the seller in the sense of paragraph 3 point 4) of this article occurs if, compared to a reduction in price and termination of the contract, it creates excessive costs, taking into account: 1) the value of the goods that it would have if it were in conformity with the contract; 2) the significance of conformity in the specific case; 3) whether the conformity can be removed without significant inconvenience to the consumer.The consumer has the right to request a replacement, an appropriate reduction in price, or to terminate the contract due to the same or another defect of conformity that appears after the first repair, and a repeated repair is only possible with the explicit consent of the consumer.Considering the nature of the goods and the purpose for which the consumer acquired them, the repair or replacement of the goods must be carried out within a reasonable time without significant inconvenience to the consumer and with their consent.If the non-conformity appears within six months from the date the risk passes to the consumer, they have the right to choose between requesting that the non-conformity be removed by replacement, an appropriate reduction in price, or to declare that they are terminating the contract, and the removal of non-conformity is possible by repair with the explicit consent of the consumer.The consumer cannot terminate the contract if the non-conformity of the goods is minor. The consumer will not abuse their rights based on non-conformity; otherwise, they will be obliged to compensate the seller for any damage caused by this. The seller will determine whether there is a non-conformity of the goods highlighted by the consumer, and if they determine that the consumer has terminated the contract despite the absence of non-conformity or the existence of minor non-conformity, they will seek compensation for damages from the consumer due to the unjustified termination of the contract. Damage includes both actual damage and lost profit.The seller is responsible for the non-conformity of the goods with the contract that appears within two years from the date the risk passes to the consumer.If the non-conformity occurs within six months from the date the risk passes to the consumer, it is presumed that the non-conformity existed at the time the risk passed, unless this is contrary to the nature of the goods and the nature of the specific non-conformity.In the case of the sale of used goods, the seller is responsible for the non-conformity of the goods for a period of one year.The seller undertakes to deliver the goods with complete documentation and appropriate packaging, i.e., complete as received from the manufacturer, importer, or distributor.For the consumer to exercise the right to conformity, they must, when handing over the goods to the seller for service, submit documentation that comes with the product, (preferably undamaged packaging), the original or a copy of the sales contract and the fiscal receipt (or slip) confirming the purchase of the goods from the seller. Additionally, a detailed description of the defect must be provided to facilitate the verification of the defect by the authorized person of the seller or authorized service personnel of the manufacturer. The description of the defect, serial number, name of the item, manufacturer of the item, model designation, etc., are entered into the designated form (reverse). The seller undertakes to provide this form to the consumer and fill it out upon receipt of the goods for service. One copy of the reverse is retained by the seller, and the other by the consumer upon handing over the product for service. The consumer is obliged to bring and submit the reverse to the responsible person of the seller in the retail facility when picking up the product from the complaint. Otherwise, the consumer will not be able to collect the goods from the service. Replacement of parts before verifying the documentation is not possible, nor before verifying the stated defects, unless otherwise indicated in the price list or special certificate received (e.g., if it is indicated for a specific item that in case of a complaint it is replaced 1 for 1 within the liability period for non-conformity).Goods sent for service by mail or parcel distribution must be properly packaged in cardboard packaging. All products delivered to the seller in this manner that are not properly packaged or those that have visible mechanical damage to the product during transport will not be accepted by the seller but will be returned to the sender at their expense. The seller assumes no responsibility for any damage to the product and packaging that occurs during transport to or from the consumer's address. If physical and mechanical damage to the goods for which the seller is not responsible is determined, in the case of a refund, the seller is not obliged to return the full amount of the purchase price but will reduce the price by a percentage or amount corresponding to the estimated percentage or amount of the reduction in the value of the goods due to damage. The assessment will be carried out by authorized personnel of the seller (service technicians).Conformity does not cover defects, damages, and malfunctions caused by improper and unprofessional handling of the product. Improper handling includes omissions such as connecting devices to power sources not specified in the operating instructions as well as using devices in unforeseen conditions and spaces. The right to conformity is lost by the consumer in the case of unauthorized repairs of the product as well as repairs by a third party not authorized by the seller or manufacturer. The seller assumes no responsibility for data on the computer, hard drive, or any other device used for data storage.The seller does not perform installation and assembly of the goods at the consumer's address and thus bears no responsibility for the non-conformity of the goods that arose due to improper installation or assembly, unless the mentioned non-conformity occurred due to the seller's fault.In the event that the seller's control service determines that the product sent for repair under warranty is functional, the inspection of the product will be charged according to the valid service price list, and all transport costs incurred by the seller will be charged. The product will be delivered to the consumer's address only after the consumer pays all incurred costs to our current account.In the case of a complete computer purchased from the seller, they undertake to determine and eliminate all irregularities in the operation of the computer. In the case of purchasing only certain components for assembling a computer from the seller, as well as in the case when the computer was not assembled by an authorized person at the seller, they are only obliged to check the functionality of the components purchased from the seller. Compatibility of components is not subject to conformity if all components in the computer were not purchased from the seller. In the event that all components in the computer were purchased from the seller and certain incompatibilities arise in their mutual operation, the seller undertakes to find a solution to the arising situation in agreement with the consumer, certainly in favor of the consumer.The consumer may file a complaint to exercise their rights due to non-conformity of the goods with the contract and rights based on the warranty, as well as due to incorrectly calculated prices and other defects, in the manner described in the notification about the method and place of receiving complaints.The consumer may file a complaint with the seller to exercise their rights based on the warranty within the period in which the seller's liability for non-conformity is provided, and after the expiration of that period, the complaint is filed with the warranty issuer.The seller is obliged to respond to the consumer's complaint without delay, and no later than within eight days from the date of receipt of the complaint, in writing or electronically. The seller's response to the complaint must contain a decision on whether they accept the complaint, an explanation if they do not accept the complaint, a statement regarding the consumer's request on how to resolve it, and a specific proposal on the timeframe and manner in which they will resolve the complaint if accepted. The timeframe cannot exceed 30 days from the date of filing the complaint.The seller is obliged to act in accordance with the decision, proposal, and timeframe for resolving the complaint, if they have received the prior consent of the consumer. Therefore, the consumer will give their consent within 3 days from the moment of receiving the seller's response to the complaint, so that the seller can resolve the complaint within the aforementioned legal timeframe. Delayed consent from the consumer will be considered one of the objective reasons why the seller is unable to meet the consumer's request within the legal timeframe, or if the consumer does not express their opinion within the prescribed timeframe, it will be considered that they do not agree with the seller's proposal on how to resolve the complaint.The timeframe for resolving the complaint is interrupted when the consumer receives the seller's response and begins to run when the seller receives the consumer's statement. After the interruption of a maximum of 3 days, the timeframe for resolving the complaint continues, and the time that elapsed before the interruption is included in it.If the seller is objectively unable to meet the consumer's request within the agreed timeframe, they are obliged to inform the consumer about the extension of the timeframe for resolving the complaint and specify the timeframe in which they will resolve it, as well as to obtain their consent, which the consumer will give in the shortest possible time. The extension of the timeframe for resolving complaints is possible only once. The seller undertakes to replace any product that has been submitted for service and whose complaint has not been resolved within the agreed timeframe with a new, identical, or appropriate item. If the consumer does not accept the replacement of the item for another appropriate one, the consumer will be refunded the amount of the purchase price.The consumer is obliged to collect the repaired product no later than 30 days from the moment they receive notification that they can collect the product from the service. After the expiration of this period, the seller assumes no further responsibility for the given product, and the product may be handed over for recycling.Conformity is given exclusively for the correctness of the device and not for its functionality, as it is assumed that the consumer is familiar with the technical characteristics of the product, so conformity relates to the fact that the selected product will meet the consumer's requirements within the declared technical capabilities prescribed by the manufacturer. Conformity does not relate to maintenance tasks of the product, i.e., cleaning, etc. The consumer is expected not to expose the purchased product to harmful effects (cigarette smoke, extremely dusty rooms, extremely cold or extremely hot rooms, etc.). Any irregularities caused by such treatment of the goods will be remedied exclusively at the consumer's expense according to the valid price list of service services.The right to conformity cannot be exercised if the damage or malfunction of the goods occurred due to transport after delivery, due to improper assembly, due to improper maintenance, due to faulty electrical installations, unstable voltage, or due to electric shock or lightning strike, due to force majeure (flood, earthquake, fire, etc.), due to improper use, due to non-compliance with the manufacturer's instructions and recommendations for using the product, due to the use of inappropriate consumables not purchased with the product, due to any mechanical damage to the product caused by the consumer or a third party for which the seller is not responsible, due to unauthorized repairs of the product by a third party not authorized by the seller or manufacturer, if the product is returned without a fiscal receipt or other proof that it was purchased from the seller.The consumer is obliged to establish the completeness and physical integrity of the product they are collecting at the time of picking up the purchased product. Subsequent complaints regarding completeness and physical integrity will not be accepted.The consumer will keep the original packaging of the purchased product and use it for every internal and external transport.Before seeking technical assistance, the consumer will check whether all necessary conditions for the smooth operation of the purchased product are met.Software delivered with the computer or device is not subject to conformity conditions. RIGHTS AND OBLIGATIONS OF THE CONSUMER