The instruction on conditions and procedures for resolution of consumer reclamations

Authorized representative of the company SIBIRSKOG ZDRAVLJA OGRANAK SIBERIAN HEALTH S.R.O. Dragana Orlandic, as for 10/20/2022, adopts

THE INSTRUCTION ON CONDITIONS AND PROCEDURES FOR RESOLUTION OF CONSUMER RECLAMATIONS

I. GENERAL PROVISIONS

Clause 1
The present instruction determines conditions and procedures for resolving consumer reclamations, used by the commercial entity "SIBIRSKO ZDRAVLJE - OGRANAK SIBERIAN HEALTH" s.r.o. in Belgrade (hereinafter referred to as the seller), in order to exercise the rights of consumer to the conformity of the goods sold and supplied with the declared requirements, the rights provided by the warranty and warranty card, if any, as well as in cases of incorrect price calculation and other shortcomings, and other issues that are important for resolving consumer reclamations and protecting consumer rights."  
Clause 2
The present instructions apply in accordance with the provisions of the Law on Consumer Protection, the Law on Trade, the Law on Obligations, the Law on Fiscal Cashiers and other laws and regulations in force that regulate reclamations, consumer rights protection, trade order and goods turnover accounting.

II CONSUMERS RIGHTS AND OBLIGATIONS

Clause 3
The consumer (buyer) has the right for legal protection and to obtain information from the seller within the scope of the seller's obligations and possibilities about the kind of goods/products he sells, the basic properties of the goods/products in accordance with the declared characteristics for each kind of the goods/products, the right to make choose during the purchase process, the right to make reclamations and the right for compensation for damages incurred, in accordance with provisions of the current laws, other regulations and the present instructions.
Clause 4
The consumer (buyer) has the right to obtain from the seller an exact, complete and understandable data about the actual properties and characteristics of the goods/products he wants to purchase, price, methods of payment, reclamation procedure and time limits. 
Clause 5
In order to be able to exercise his right to make a claim, the consumer (buyer) undertakes to keep the sales cheque (fiscal receipt), i.e. the payment confirmation document from the bank in which he has a current account, as evidence that he made a payment with his bank card or a cheque to the seller.
Clause 6
The consumer (buyer) loses the right to make a reclaimation if it turns out that the defects arose through his fault or if he did not keep the sales cheque (fiscal receipt), i.e. the payment confirmation document from the bank in which he has a current account, as the goods/product purchase evidence at the point of sale, which can be claimed within the applicable period.
Clause 7
The consumer (buyer) has the right to demand, and the seller has the obligation to provide the consumer (buyer) with the sales check, i.e. fiscal receipt for the goods/products purchased, subject to all necessary requirements in accordance with the applicable law.

III OBLIGATIONS OF THE SELLER

Clause 8
The seller sells his goods/products in accordance with the legal provisions and other regulations concerning consumer health and safety protection and in the manner that protects economic interests of the consumer (buyer).
Clause 9
The seller has no right to condition the sale of one kind of goods on the sale of another kind of goods.
Clause 10
The seller has no right to mislead the consumer by providing inaccurate, incomplete, incomprehensible or ambiguous information about the goods or to suppress information that relates to the actual properties and characteristics of the goods. All the goods for sale must be properly labeled and the seller has no right to change the indicated information.
Clause 11
Packaging and repackaging of the goods/products must ensure compliance with sanitary and hygienic requirements and preservation of its quality. The consumer should package the goods/products properly.

IV RECLAMATION PROCEDURE

Clause 12
The consumer can make a reclamation in writing, i.e. directly at the point of sale where he bought the goods, only if he has a fiscal receipt as the purchase evidence, as described in the Clause 6 of the present Instruction. If the consumer does not have fiscal receipt, the authorized person will not consider his claim as valid. The seller is obliged to provide the consumer with a response to his reclamation in written or electronic form without delay and not later than 8 (eight) days from the date of the reclamation receipt.
The seller's response to the reclamation must include decision to accept or reject the reclamation, an opinion on the consumer's claim and a special offer and time period for resolving the reclamation. The period may not be longer than 15 days. If the seller, for objective reasons, has no opportunity to respond to the consumer's reclamation within the specified period, he must notify the consumer that it is necessary to extend the period for taking his reclamation related decision and also to obtain his consent, which should be registered in the Reclamation Register. The period for taking a reclamation related decision can only be extended once.
Clause 13
The seller is responsible for non-compliance of the goods with the declared characteristics, if detected within two years from the moment of the risk passage to the consumer. If non-compliance is detected within six months from the moment of the risk passage to the Consumer, the non-compliance is presumed to have occurred at the moment of the risk passage unless otherwise excluded due to the goods features and compliance requirements, and if the non-compliance may be resolved by repair at the consent of the consumer.
The consumer has no right for reclamation if the product defect occurred due to his fault, in case as the result of physical and chemical damage during the period of the product use or its improper care.
Clause 14
The seller is obliged to have a reclamation register for received reclamation and keep it for at least two years from the date the consumer's reclamation was submitted.
The seller is obliged to provide the consumer with written or electronic reclamation receipt confirmation by providing him with the reclamation registration number in the Reclamation Register.
Reclamation register is represented by a book or electronic catalog that contains data about applicants and dates of reclamation receipt information on the product, brief non-compliance description, claim subject, claim receipt confirmation dates, response decisions for consumers, dates of response decisions, approximate time for making decisions, agreed with the consumer, reclamation and term for reclamation resolving, as well as information on the extension of the period for reclamation related decision.
Clause 15
The Seller may decide to eliminate the product defect subject to the consent of the buyer, by replacing the purchased product with a new or similar one, or to return the payment made by the buyer in accordance with the fiscal receipt. If the seller determines the reclamation as invalid, he notifies the consumer about it in writing, clearly indicating the reclamation rejection reasons confirming it by verbal notification as well.
Clause 16
Reclamation for minors can only be made by parents, i.e. guardians.
Clause 17
Reclamation must be accepted for all goods sold in the store. Reclamation also can be made for promotional, discounted goods, as well as goods on sale.
Clause 18
Reclamation related costs shall be borne by the seller.

V TRANSITIONAL AND FINAL PROVISIONS

Clause 19
The seller must notify the consumer about the goods reclamation possible subjects, conditions and procedure of its submitting, explain where and to whom he should direct his reclamation, as well as about the rest of the provisions of the Instructions.
Clause 20
Amendments and additions to the Instructions are carried out in accordance with the adoption procedure.
Anything not covered by the present Instruction is subject to the relevant provisions of the Law on obligations and the consumer Protection Law.
Clause 21
From the date of the present Instruction enforcement, the Instructions on conditions and procedures for resolution of consumer reclamations as of 08/28/2018 under the number 267/2018 become invalid.

These Instruction come into force on the eighth day from the date of publication on the seller's bulletin board.