The consumer has the right to withdraw from a contract concluded remotely or off-premises within 14 days, without giving reasons and without additional costs, except for the costs listed below in the section"Obligations of the trader and consumer in case of withdrawal from the contract" (hereinafter: withdrawal from the contract).
The consumer exercises the right to withdraw from the contract by making a statement on the prescribed form for withdrawal from a contract concluded remotely or outside the business premises or in another unambiguous way (hereinafter: withdrawal statement).
The declaration of withdrawal from the contract for distance contracts and contracts concluded outside the business premises is considered timely if it is sent to the trader within 14 days.
The declaration of withdrawal from the contract takes legal effect from the day it is sent to the trader.
If the trader enables the consumer to fill out and send the opt-out form electronically, he is obliged to inform him of the receipt of the form without delay in writing or on another permanent record carrier.
The consumer's right to withdraw from the contract expires after the deadline for the consumer to withdraw from the contract.
The burden of proving that he acted in accordance with the above, in order to exercise the right to withdraw from the contract, is on the consumer.
Calculating deadlines for the consumer to withdraw from the contract
The period of 14 days for withdrawing from the contract is calculated from the day when the product arrives in the country of the consumer or a third party designated by the consumer, who is not the carrier.
When the consumer orders several types of products that are delivered separately in one purchase order, the 14-day period for withdrawing from the contract begins to run from the day when the last type of ordered goods arrives in the country of the consumer or a third party designated by the consumer, who is not the carrier.
When the delivery of goods consists of several shipments and parts, the 14-day period for withdrawing from the contract starts from the day when the last shipment or part arrived in the country of the consumer or a third party designated by the consumer, who is not the carrier.
If the trader does not provide the consumer with a notice on the conditions, deadline and procedure for exercising the right to withdraw from the contract in accordance with Article 27 of the Law, the consumer can withdraw from the contract within 12 months from the date of expiry of the deadline for withdrawal from the contract.
If the trader has not submitted the notification from Article 26, paragraph 1, item 4) of this Law to the consumer, in the manner referred to in Article 29, paragraph 1 of this Law and Article 30, paragraph 2 of this Law, and does so within 12 months from conclusion of the contract, the 14-day period for withdrawing from the contract starts from the day the consumer receives the withdrawal form.
The deadline from the previous paragraphs expires at the end of the last hour of the last day of the deadline.
Formal conditions for concluding contracts outside business premises
The trader is obliged to hand over to the consumer in writing at the time of concluding the contract, and at the latest upon delivery of the goods:
1) prescribed withdrawal form;
2) legible and comprehensible notice from Article 26, paragraphs 1 and 2 of the Law in the English language;
3) a copy of the signed contract.
Formalni uslovi za zaključenje ugovora na daljinu
Ako trgovac telefonom pozove potrošača u nameri da zaključi ugovor na daljinu, dužan je da, odmah nakon početka razgovora, predoči svoj identitet, kao i da je poziv učinjen u komercijalne svrhe.
Trgovac je dužan da u razumnom roku po zaključenju ugovora, a najkasnije u vreme isporuke robe ili početka pružanja usluge, na trajnom nosaču zapisa, preda potrošaču:
1) obrazac za odustanak;
2) čitko i razumljivo obaveštenje iz člana 26. st. 1. i 2. ovog zakona, na srpskom jeziku;
3) ugovor ili ispravu o ugovoru.
If the distance contract, which is to be concluded electronically, foresees the consumer's obligation to pay, the trader shall inform the consumer in a clear and legible manner of the information referred to in Article 12, paragraph 1, item 1) and paragraph 2, item 1) of this Law and Article 26, paragraph 1, item 1) and paragraph 2, item 3) of this Law and immediately before the consumer submits his purchase order.
If the payment obligation is also accepted by sending the purchase order, there must be a clear notification about this on the purchase order or on a button, or some other similar function, if the purchase order is sent by activating them.
If the trader does not act in accordance with the obligation from paragraph 5 of this article, the contract or purchase order does not bind the consumer.
On sales websites, at the latest at the beginning of the ordering process, there must be clear and legible information about the existence of restrictions regarding delivery and which means of payment are accepted.
When the consumer requests that the provision of services or the supply of water, gas or electricity when they are not offered for sale in a limited or predetermined quantity, or the delivery of thermal energy, begins within the deadlines referred to in Article 28 of this law, the trader will require that the consumer submit an explicit request for concluding a contract.
The trader is obliged to deliver the goods or provide a service within 30 days from the date of conclusion of the distance contract and the contract concluded outside the business premises, unless something else has been agreed upon.
The trader is obliged to inform the consumer without delay that the delivery of the contracted goods or the provision of the contracted service is not possible.
The obligations of the trader and the rights of the consumer in connection with the delivery in accordance with the contract for the sale of goods or the provision of services, which was concluded at a distance or outside the business premises, are accordingly applied to the provisions of this Law, which provide consumer protection in the exercise of rights from the sales contract.
Legal consequences of withdrawing from the contract
If the consumer exercises the right to withdraw from the contract in accordance with Article 27 of this Law, it is considered that the contract has not even been concluded and the obligations prescribed below in the section "Obligations of the trader and consumer in case of withdrawal from the contract" arise.
Obligations of the trader and the consumer in case of withdrawal from the contract
The trader is obliged to refund the payments he received from the consumer, including delivery costs, without delay, and no later than within 14 days from the day he received the withdrawal form.
The trader makes a 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 bear any costs due to such a refund.
As an exception to paragraph 1, the trader is not obliged to reimburse additional costs that are a consequence of the consumer's express request for delivery that deviates from the cheapest usual delivery offered by the trader.
The trader may delay the refund until he receives the goods to be returned, or until the consumer provides proof that he sent the goods to the trader, whichever comes first, except in the case where the trader has offered to collect the goods himself.
The trader at his own expense takes over the goods that were delivered to the consumer at his home at the time of concluding the contract outside the business premises if the goods cannot be returned in the usual way via the postal operator.
The consumer is obliged to return the goods to the trader or a person authorized by the trader, without delay, and no later than within 14 days from the day he sent the cancellation form.
It will be considered that the goods were returned within the deadline if the consumer sent the goods before the expiration of the 14-day period.
The consumer bears exclusively the direct costs of returning the goods, unless the trader has agreed that he bears them or if he has not previously informed the consumer that the consumer is obliged to pay them.
The consumer is solely responsible for the reduced value of the goods that occurs as a result of handling the goods in a way that is not adequate, i.e., exceeds what is necessary to establish the nature, characteristics and functionality of the goods.
The consumer will not be responsible for the reduced value of the goods in the event that the trader has not provided him with a notice of the right to withdraw from the contract in accordance with Article 26, paragraph 1, item 4) of the Law.
When the consumer exercises the right to withdraw from the contract after submitting a request in accordance with Article 29, paragraph 4 or Article 30, paragraph 8 of the Law, he is obliged to pay the trader an amount that is proportional to the services performed up to the moment when the consumer informed the trader on exercising the right to withdraw from the contract.
The proportionate amount that the consumer needs to pay to the trader is calculated on the basis of the sales price agreed in the contract, which cannot be higher than the market value of what was delivered.
Except in the cases provided by the Law, the consumer does not bear the consequences for exercising the right to withdraw from the contract.
Exceptions to the right to withdraw from the contract
In accordance with the Law, the Consumer does not have the right to withdraw from the contract in the event of:
Potrošač nema pravo da odustane od ugovora u slučaju:
1) provision of services, after the service has been fully performed, if the provision of the service began after the express prior consent of the consumer and with his confirmation that he knows that he loses the right to withdraw from the contract when the merchant fully performs the contract;
2) delivery of goods or provision of services, when the price depends on changes in the financial market that the trader cannot influence and which may occur during the withdrawal period;
3) delivery of goods manufactured according to special consumer requirements or clearly personalized;
4) delivery of goods that are subject to quality deterioration or have a short shelf life;
5) deliveries of sealed goods that cannot be returned due to health protection or hygiene reasons and that were unsealed after delivery;
6) delivery of goods which, after delivery, due to their nature are inseparably mixed with other goods;
7) delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract and the delivery of which can only be made after 30 days from the date of conclusion of the contract, and whose actual price depends on price changes on the market that the trader cannot influence;
8) contracts in which the consumer expressly requests a visit by the trader in order to carry out urgent repairs or maintenance; if during this visit the trader provides other services than those specifically requested by the consumer or delivers other goods except replacement parts that are necessary for maintenance or repair, the right to withdraw from the contract applies to these additional services or goods;
9) deliveries of sealed audio, video or computer software, which are unsealed after delivery;
10) delivery of newspapers, periodicals or magazines except subscription contracts for the delivery of these issues;
11) contracts concluded at a public auction;
12) provision of accommodation that is not for residential purposes, transport of goods, car rental services, food preparation and delivery services or services related to leisure activities if the contract provides for a specific term or period of execution;
13) delivery of digital content that was not delivered on a permanent record carrier, if the execution began after the prior express consent of the consumer and his confirmation that he knows that in this way he loses the right to withdraw from the contract.
