At the beginning of September 2021, the new Consumer Protection Law * (Law) was adopted, which, inter alia, introduces changes regarding the establishment of records of consumer disputes in courts, the introduction of pro forma invoices for provided services, and the introduction of a register to be kept by RATEL (anyone who does not want to be disturbed by the phone sales may register).
Even though this topic has been current for many years, consumers are still not aware of their rights, merchants are not aware of their obligations, and judges are not aware of the mandatory application of this Law in consumer disputes.
Hereby, we will point out some of the rights of the consumers prescribed by the Law:
Some of the obligations of merchants under the Law are the following:
Finally, we especially highlight the fact that the courts are obliged to apply the provisions of this Law, and that its application is a primary in relation to other laws, especially the Law on Contracts and Torts. Only in case some of the relations between the consumer and the merchant are not regulated by the provisions of the Law, the Law on Contracts and Torts shall be applied. When interpreting and applying the Law, the position of consumers as economically weaker parties must be taken into account, and especially the position of vulnerable consumers.
* Official Gazette of the RS, no 88/2021 dated 11 September 2021
** The consumer has no right to withdraw from the contract in case of delivery of goods produced according to special requirements of the consumer or in case the goods are clearly personalized
*** With the exception of furniture and technical good – the deadline is 30 days
**** Unless agreed otherwise
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