Consumer rights in Serbia
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Basic rights of consumers in the Republic of Serbia
Regulated in Article 2 of the Consumer Protection Law -
Maximum deadline for the goods delivery
Based on the concluded contract between the trader and the consumer -
Right to withdraw from a contract
Concluded remotely or off-premises -
Electronic Commerce Law
Supervision of legal and natural persons who carry out trade
The basic rights of consumers in the Republic of Serbia are regulated in Article 2 of the Consumer Protection Law and they are as follows:
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Meeting basic needs
vailability of the most necessary goods and services, such as food, clothing, footwear and housing, health care, education and hygiene
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Safety
Protection from goods and services that are dangerous to life, health, property or the environment or goods whose possession or use is prohibited
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Information
Availability of accurate data that is necessary for a reasonable choice of offered goods and services
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Choice
The possibility of choosing between several goods and services at affordable prices and with appropriate quality
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Participation
Representation of consumer interests in the process of adoption and implementation of the consumer protection policy and the possibility to be represented in the process of adoption and implementation of the consumer protection policy through associations and alliances of consumer protection associations
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Legal protection
Protection of the consumer's rights in the procedure provided by the law in case of violation of his right and compensation for material and non-material damage caused by the merchant
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Education
Acquisition of basic knowledge and skills necessary for proper and reliable selection of products and services, as well as knowledge about the basic rights and duties of consumers and the way to exercise them
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A healthy and sustainable environment
Living and working in an environment that is not harmful to the health and well-being of current and future generations, timely and complete information on the state of the environment
Also, one of the basic rights of consumers is the right to conformity of goods or services, which right is regulated by the currently valid Consumer Protection Law from Article 49 to Article 52. In accordance with Article 49 paragraph 2 of the Consumer Protection Law, it is considered that goods conforming to the contract in case of:
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If it corresponds to the description given by the seller and if it has the properties of the goods that the seller showed to the consumer as a sample or model
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If it has properties required for the particular use for which the consumer is purchasing it, and which was known to the seller or should have been known to him at the time of the conclusion of the contract
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If it has properties required for regular use of goods of the same type
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If in terms of quality and functioning it corresponds to what is usual for goods of the same type and what the consumer can reasonably expect given the nature of the goods and public promises about the special properties of the goods given by the seller, manufacturer or their representatives, especially if the promise was made through advertisements or on the packaging of goods
In case of non-conformity, the consumer, in accordance with Article 51 paragraph 1 of the Consumer Protection Law, has the right to demand from the seller to remove the non-conformity, without compensation, by repair or replacement or to request a corresponding price reduction or to terminate the contract regarding the goods.
The consumer has various rights, according to Consumer Protection Law, while they have different contents depending on the type of concluded contracts, as well as the subject of such contracts.
The maximum deadline for the goods delivery, as well as the provision of services based on the concluded contract between the trader and the consumer, is 30 days from the date of conclusion of the contract itself.
Of course, the contracting parties can agree on other shorter or longer delivery terms, however, the legal maximum is certainly prescribed by the Consumer Protection Law.
In accordance with Article 27 paragraph 1 of the Consumer Protection Law, the consumer has the right to withdraw from a contract concluded remotely or off-premises within 14 days, without giving reasons. The consumer exercises the right to withdraw from the contract by giving a withdrawal statement on the prescribed form or in any other unambiguous way.
The consumer exercises the right to withdraw from the contract by giving a withdrawal statement on the prescribed form or in any other unambiguous way.
In accordance with Article 28 paragraph 1 of the Consumer Protection Law, the 14-day period for service contracts begins to run from the date of conclusion of the contract between the merchant and the consumer, while for the contract for the sale of goods, the 14-day period starts to run from when the goods reach the consumer’s country.
In accordance with Article 33 paragraph 1 of the Consumer Protection Law, the merchant is obliged to return the payments he received from the consumer, including delivery costs, without delay, and no later than 14 days from the day he received the withdrawal form.
The merchant makes the refund using the same means of payment that the consumer used in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that the consumer does not incur any costs due to such a refund.
While in accordance with Article 34 paragraph 1 of the Consumer Protection Law, the consumer is obliged to return the goods to the merchant or a person authorized by the merchant, without delay, and no later than within 14 days from the day he sent the cancellation form.
Also, we would emphasize that the consumer bears the costs of returning the goods, unless the merchant has agreed to bear them or if he has not previously informed the consumer that the consumer is obliged to pay them.
Bearing in mind that the Electronic Commerce Law (“Official Gazette of RS”, no. 41/2009, 95/2013 and 52/2019) is applied on the territory of the Republic of Serbia, and that it regulates the supervision of legal and natural persons who carry out trade via the Internet, in Article 21 of the Electronic Commerce Law, it is determined that the supervision of the implementation of the law is carried out by the ministry responsible for trade and services, that is, the ministry responsible for electronic communications and information society.
Competent ministries supervise the implementation of the law through market inspectors, i.e. inspectors for information society services. In case of any doubts, contact the competent institutions.
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