Rights and obligations of consumers
The seller is obliged to inform the consumer (buyer) about the basic features of the goods (products) he is buying, about the price, the method of payment, the method and term of delivery and the method of performing other contractual obligations, about the functionality of the goods, including technical protection measures for digital content, about the relevant interoperability of digital content with hardware and software of which the trader has knowledge, about the existence and conditions of after-sales services and guarantees, about the existence of legal responsibility of the Seller due to non-conformity of the goods with the contract, about the method of declaring a complaint, and especially about the place of receipt and the method of handling them, as well as conditions related to the exercise of consumer rights based on compliance.If elimination of the non-conformity in accordance with paragraph 2 of this article is not possible, the Consumer has the right to request a corresponding price reduction or termination of the contract if: 1) the non-conformity cannot be eliminated by repair or replacement at all or within a reasonable time; 2) cannot exercise the right to repair or replacement, i.e. if the Seller has not performed repair or replacement within a reasonable period of time; 3) repair or replacement cannot be carried out without significant inconvenience for the Consumer due to the nature of the goods and their purpose; 4) elimination of non-conformity by repair or replacement represents a disproportionate burden for the Seller.Disproportionate burden for the Seller in the sense of paragraph 3, point 4) of this article, occurs if, compared to the reduction of the price and the termination of the contract, it creates excessive costs, taking into account: 1) the value of the goods that would have been in accordance with the contract; 2) the importance of appropriateness in a specific case; 3) whether the conformity can be removed without significant inconvenience for the Consumer.The consumer has the right to demand a replacement, a corresponding price reduction or to terminate the contract due to the same or another lack of conformity that appears after the first repair, and re-repair is possible only with the express consent of the consumer.Taking into account the nature of the goods and the purpose for which the Consumer purchased them, the repair or replacement of the goods must be carried out in a reasonable time without significant inconvenience for the Consumer and with his consent.If the non-conformity appears within six months from the date of transfer of risk to the Consumer, he has the right to choose between the demand that the non-conformity be eliminated by replacement, an appropriate price reduction, or to declare that he is terminating the contract, and elimination of the non-conformity is possible by repair with the express consent of the Consumer.The consumer cannot terminate the contract if the non-conformity of the goods is minor. The consumer will not abuse his rights based on indecency, otherwise, he will be obliged to compensate the Seller for any damage caused to him. The Seller will determine whether there is a non-conformity of the goods pointed out by the Consumer, and if he determines that the Consumer has terminated the contract despite the absence of non-conformity or the existence of a slight non-conformity, he will demand compensation from the Consumer for unjustified termination of the contract. Damage means both actual damage and lost benefit.The seller is responsible for non-conformity of the goods with the contract that appears within two years from the date of transfer of risk to the consumer.If the non-conformity occurs within six months from the date of transfer of risk to the Consumer, it is assumed that the non-conformity existed at the time of transfer of risk, unless this contradicts the nature of the goods and the nature of the particular non-conformity.When selling used goods, the Seller is responsible for the non-conformity of the goods within one year.The seller undertakes to deliver the goods with complete documentation and associated packaging, i.e. complete as supplied by the manufacturer, importer or distributor.In order for the Consumer to exercise the right to compliance, he is obliged to, when handing over the goods to the Seller for service, attach the documentation that comes with the product (preferably undamaged packaging), the original or a copy of the Sales Agreement and the fiscal invoice (or slip) with the defective item confirms the purchase of goods from the Seller. In addition, it is necessary to provide a detailed description of the defect in order to facilitate the checking of the malfunction by the authorized person of the Seller or the authorized service personnel of the manufacturer. Fault description, serial number, item name, item manufacturer, model number, etc. they are entered in the form provided for it (reverse). The seller undertakes to provide the consumer with this form and fill it in when receiving the goods for service. One copy of the reverse side is kept by the Seller, and the other by the Consumer when submitting the product for service. The consumer is obliged to bring and hand over the reverse to the responsible person of the Seller in the retail store when taking over the product from the complaint. Otherwise, the Consumer will not be able to collect the goods from the service. It is not possible to exchange parts before checking the documentation, as well as before checking the mentioned defects, unless it is indicated otherwise in the price list or the special certificate that is obtained (e.g. if it is indicated for a certain item that in the case of a complaint it is exchanged 1 for 1 within the period of responsibility for indecency).Goods that are sent to the service by post or parcel distribution must be properly packed in cardboard packaging. All products that were delivered to the Seller in this way, and which were not properly packed or those with visible mechanical damage to the product itself during transport, will not be taken over by the Seller, but will be returned to the sender at his expense. The seller assumes no responsibility for any possible damage to the product and packaging that occurs during transport to or from the address of the consumer. If there is physical and mechanical damage to the goods for which the Seller is not responsible, the Seller, in the case of a refund, is not obliged to return the full amount of the purchase price, but will reduce the price by a percentage or an amount that corresponds to the estimated percentage or amount of the decrease in the value of the goods due to damage. The evaluation will be carried out by authorized persons of the Seller (service technicians).Conformity does not cover defects, damages and malfunctions caused by improper and unprofessional handling of the product. Improper handling also includes failures such as connecting the device to energy sources that are not prescribed by the operating instructions, as well as using the device in unforeseen conditions and spaces. The consumer loses the right to compliance in case of unauthorized repair of the product, as well as repair by a third party who is not authorized by the Seller or manufacturer. The seller assumes no responsibility for the data on the computer, hard disk or any other device used to store data.The Seller does not install and assemble the goods at the Consumer's address and therefore bears no responsibility for the non-conformity of the goods that occurred due to improper installation or assembly, unless the said non-conformity was the fault of the Seller.In the event that the Seller's control service determines that the product sent for repair according to the claim is correct, the inspection of the product will be charged according to the valid price list of the service and all transport costs borne by the Seller will be charged. The product will be delivered to the Consumer's address only after the Consumer has paid all the incurred costs to our current account.In the case of a complete computer purchased from the Seller, he undertakes 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, he is only obliged to check the correctness of the components purchased from the Seller. The compatibility of the components is not subject to compliance if all the 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 there are certain incompatibilities in their mutual operation, the Seller undertakes to find a solution to the situation in agreement with the Consumer, certainly in favor of the Consumer.The consumer can declare a complaint in order to exercise his rights due to the non-conformity of the goods with the contract and rights based on the warranty, as well as due to the incorrectly calculated price and other defects, in the manner described in the notice on the method and place of receiving the complaint.The consumer can make a complaint to the seller in order to exercise his rights based on the guarantee within the period in which the responsibility of the seller based on non-conformity is stipulated, and after the expiration of that period, the complaint is made to the issuer of the guarantee.The seller is obliged to respond to the consumer's complaint in writing or electronically without delay, and no later than within eight days from the day of receipt of the complaint. The Seller's response to the complaint must contain a decision as to whether he accepts the complaint, an explanation if he does not accept the complaint, a statement on the consumer's request on the method of resolution, and a specific proposal in which period and how he will resolve the complaint if he accepts it. The deadline cannot be longer than 30 days, from the day the complaint is submitted.The seller is obliged to act in accordance with the decision, proposal and deadline for resolving the complaint, if he received the consumer's prior consent. With that, the consumer will give his 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 deadline. The untimely giving of the consumer's consent will be considered one of the objective reasons why the Seller is unable to satisfy the consumer's request within the legal term, i.e. if the consumer does not express himself within the prescribed period, it will be considered that he does not agree with the seller's proposal on how to resolve the complaint.The deadline for resolving the complaint ends 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 deadline for solving the complaint continues and the time that passed before the interruption is included.If, for objective reasons, the seller is not able to satisfy the Consumer's request within the agreed deadline, he is obliged to inform the Consumer about the extension of the deadline for resolving the complaint and specify the deadline by which he will resolve it, as well as to obtain his consent, which the Consumer will give in as soon as possible. Extension of the deadline 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 period with a new, identical or suitable item. If the Consumer does not accept the exchange of the item for another suitable one, the amount of the purchase price will be returned to the Consumer.The consumer is obliged to collect the repaired product within 30 days at the latest from the moment he received the notification that he can collect the product from the service. After the expiration of this period, the Seller no longer assumes any responsibility for the given product and the product can be handed over for recycling.Conformity is given exclusively to the correctness of the device and not to its functionality, because it is assumed that the Consumer is familiar with the technical characteristics of the product, so conformity refers to the fact that the selected product will satisfy the Consumer's requirements within the declared technical capabilities prescribed by the manufacturer. Compliance does not apply to product maintenance, i.e. cleaning etc. The Consumer is expected not to expose the purchased product to harmful effects (tobacco smoke, extremely dusty rooms, extremely cold or extremely hot rooms, etc.). All possible irregularities caused by such treatment of goods will be eliminated exclusively at the expense of the Consumer 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-observance of the manufacturer's instructions and recommendations on the use of the product, due to the use of inappropriate consumables that were not purchased with the product, due to any mechanical damage to the product caused by the fault of the Consumer or a third party for which the Seller is not responsible , due to unauthorized repair of the product by a third party that is 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.When taking over the purchased product, the consumer is obliged to establish that the product is complete and physically undamaged. 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 applying for technical assistance, the Consumer will check whether all the necessary conditions for the smooth operation of the purchased product are met.The software supplied with the computer or device does not fall under the conditions of conformity. RIGHTS AND OBLIGATIONS OF THE CONSUMER