Basic information about the company
Limited Liability Company DAMAR CONFIT D.O.O.
Debtors tax number : 108486485
Registration number (MB): 21009229
Address: Kralja Milutina 37/4, 11000, Belgrade (Vračar)
Phone : 0668091840
Email : info@tartufidamar.rs.
Website: www.tartufidamar.rs
Activity: 1089 – Manufacture of other food products.
Statement on the protection and collection of personal data of users and their use:
- On behalf of the Damar confit online store, we are committed to protecting the privacy of all our customers. We collect only the necessary, basic information about customers/users and data necessary for business and informing users in accordance with good business practices and in order to provide quality service. All employees of Damar confit (and business partners) are responsible for complying with the principles of privacy protection.
Description of how to protect sensitive financial information about the transaction:
- When entering payment card data, confidential information is transmitted over the public network in a protected (encrypted) form using the SSL protocol and PKI system, as the most modern cryptographic technology at the moment. The security of data during the purchase is guaranteed by the payment card processor, the acquiring Bank, so the complete payment process is done on a secure page, whose processor is the Bank. At no time is the payment card information available to our system.
Terms and conditions of complaints – payments, fees, refunds and/or goods with a description of the procedure:
- If you have purchased the goods in an online store, please check your package in the presence of the courier when picking up the shipment. If there is any visible damage to it (torn parts and crushing), you should not take the package. In this case, please call us at 0668091840 or contact us via info@tartufidamar.rs
- We will inform you as soon as possible about further action. If you have received the shipment and after opening the box you find that the delivered goods do not correspond to the ordered one or the information on the invoice is not appropriate, please contact us no later than 24 hours from the moment of receipt of the shipment. If there are any discrepancies in the product within the meaning of the provisions of the Consumer Protection Act, please contact us. As soon as possible, and no later than 8 days from the date of receipt of the complaint in writing or electronically, we will respond to your complaint and inform you about further action. The deadline for resolving the complaint is 15 days from the moment of filing it (with the exception of furniture and technical goods, when the deadline for resolving the complaint is 30 days). In the case of returning the goods to the buyer who has previously paid the goods to the courier, i.e. cash on delivery, the cost of returning the goods is not borne by Damar confit, but the cost is borne by the buyer.
Description of the refund of the collected funds:
- In the case of returning goods and refunding funds to the buyer who has previously paid with one of the payment cards, partially or in full, and regardless of the reason for the return, the Cooperative Store is obliged to make the refund exclusively through AmericanExpress (AmEx), DinaCard, Maetro/MasterCard and VISA payment methods, which means that the Electronic Money Institution will refund the funds to the account of the payment card user at the request of the seller.
1 – BASIC PROVISIONS
Article 1
- These Terms of Use of Internet Sales Services (hereinafter: Terms of Use) uniquely define the terms and conditions under which DAMAR CONFIT D.O.O. Kralja Milutina 37/4, 11000, Belgrade (Vračar), Serbia. TIN 108486485. MB 21009229, e-mail address: info@tartufidamar.rs (hereinafter: STORE) provides Internet sales or electronic store services through its own Internet domain www.tartufidamar.rs (hereinafter: Site), i.e. performs electronic trade as the sale of goods/services through its own electronic store, in accordance with Article 17 (3) item 1) of the Trade Law, to the user (hereinafter: services). These Terms of Use determine the procedure for exercising the mutual rights and obligations of the Store and the user of services (hereinafter: the User).
The provisions of the Terms of Use are binding for the Store and each User individually and apply to all their mutual contractual relationships, unless the Store and the individual User agree otherwise by a separate agreement.
Article 2
Services are provided in accordance with the Law on Trade, the Law on Electronic Commerce, the Law on Consumer Protection, the Law on Personal Data Protection, the Law on Obligations and other regulations of the Republic of Serbia.
INFORMING CONSUMERS
Article 3
In accordance with the provisions of Article 12, paragraph 1 of the Law on Consumer Protection, the STORE, in the capacity of a trader, through these Terms of Use, i.e. before concluding a contract for the provision of services, informs natural persons who have the status of a consumer in a clear and understandable manner of the following:
- The basic features of the goods are delivered to the consumer through the Site, allowing the consumer to independently choose which goods he wants to buy.
- The business name, registration number, registered office address and e-mail address are specified in Article 1 of these Terms of Use.
- The selling price is delivered to the consumer through the Site, by allowing the consumer to see the prices for each individual product individually. In the event of a discount on the price of a product, the STORE through the Site states the price without discount and the price with a discount. Also, the consumer is informed through the Website of all associated additional postal, transport and delivery costs, which are presented to the consumer through the Site, with each individual purchase.
- The consumer is informed about the method of payment through section 3 of these Terms of Use, i.e. through the Site, while the consumer is informed about the method and time of delivery and the manner of performance of other contractual obligations through the Site when independently selecting specific goods and independently choosing a specific method of delivery or courier service.
- When the STORE has the status of a trader, the legal responsibility for the non-conformity of the goods is borne by the STORE, i.e. the manufacturer, in accordance with the provisions of the Consumer Protection Act.
- The consumer is informed about the manner of filing a complaint with the Store, and in particular about the place of receipt and the manner of the STORE acting on them, as well as the conditions related to the exercise of the consumer’s rights on the basis of conformity, through section 4 of these Terms of Use, through the Rules on Complaint Resolution (available at the Internet address: regulations/regulations and through the Website).
- When offering and selling technical goods, the STORE informs the consumer that the technical goods will be replaced or refunded during the period in which it is responsible for non-conformity with the contract, except in the case when there is a possibility of repair, i.e. when there is a spare part for a specific technical product, while in other cases the STORE informs the consumer that there is no availability of spare parts. consumables, attachments and similar parts, technical service, nor is there a possibility of maintenance and repair after the termination of the period in which it is responsible for non-conformity with the contract, i.e. after the cessation of production or import of goods.
- The Consumer is informed about the terms and conditions for the termination of the contract relating to the online sales service through these Terms of Use and through the Site, and the STORE does not conclude any other contracts with the consumer for an indefinite period of time or contracts that are automatically extended,
- The consumer is informed about the possibility of out-of-court settlement of disputes through Article 40 of these Terms of Use.
In accordance with the provisions of Article 12, paragraph 2 of the Law on Consumer Protection, the STORE, in the capacity of a trader, through these Terms of Use, i.e. before concluding the contract, informs natural persons who have the status of a consumer in a clear and understandable manner of the following:
- Within the meaning of Article 2 of these Terms of Use, the contract with the consumer has been concluded for the time necessary for the performance of the contractual obligations arising from the distance retail contract.
- That the consumer has the right to withdraw from a contract concluded at a distance or outside the business premises within 14 days, without giving reasons and without additional costs, except for the costs referred to in Art. 33. and 34. of the Law on Consumer Protection, by submitting to the Store a completed Statement of Withdrawal from a Distance Contract or a Contract Concluded Outside the Business Premises.
- The Store, in its capacity as a merchant, does not offer any digital content as an object of sale, nor does it sell data that is produced in digital form, and therefore there is no object of sale to which information on the functionality of the product would refer, including applicable technical measures for the protection of digital content as well as information on the possible compatibility of digital content with hardware and software. The Website of the Store applies modern technical protection measures, which consist, among other things, of the application of security protocols of electronic communication, limiting the number of persons who have access to the server on which the Website is located, as well as password systems that enable the identification of persons and records of access.
- That there are no after-sales services provided by the STORE to consumers, nor that there are any express or implied warranties. For the sake of clarity: the term “warranty” is used in these Terms of Use in the same sense as it is used in the text of the Consumer Protection Act. STORE, in accordance with the Law on Consumer Protection, is liable for non-conformity of goods to the contract that occurs within two years from the date of transfer of risk to the consumer.
In accordance with the provisions of Article 26, paragraph 1 of the Law on Consumer Protection, the STORE, in the capacity of a trader, given that it is a conclusion of a distance contract or outside business premises with natural persons who have the status of a consumer, through these Terms of Use, i.e. before concluding the contract, informs in a clear and understandable manner of the following:
- That the headquarters of the STORE is located at the registered address specified in Article 1 of these Terms of Use.
- That all prices include the total cost, and that they are presented to the consumer in advance through the Website.
- That the consumer independently bears the cost of using the means of distance communication for concluding the contract, i.e. this cost is calculated on the same basis, i.e. according to the basic tariff of the Internet service provider (e.g. mobile phone operator) with whom the consumer has concluded a special contract for the provision of Internet services, in which the STORE does not have and cannot have access.
- The consumer has the right to withdraw from a contract concluded at a distance or outside the business premises within 14 days, without giving reasons, with the payment of only the direct costs of returning the goods (hereinafter: withdrawal from the contract). In the case of a contract for the provision of services, the period of 14 days for withdrawal from the contract is calculated from the date of conclusion of the contract between the consumer and the trader. In the case of a contract for the sale of goods, the 14-day period for withdrawal from the contract is calculated from the day when the goods reach the country of the consumer or a third party designated by the consumer, who is not the carrier. The Consumer exercises the right to withdraw from the contract by submitting to the Store a completed “Statement of Withdrawal from a Distance Contract or a Contract Concluded Outside the Business Premises” (hereinafter: Statement of Withdrawal). A statement of withdrawal is considered timely if it is sent to the Store within the specified period of 14 days. A statement of withdrawal from the contract has legal effect from the date on which it is sent to the trader. Since the STORE allows the consumer to electronically fill in and send a statement of withdrawal, the STORE is obliged to notify the consumer of its receipt without delay in writing or on another durable medium. Upon the expiry of the 14-day period, the consumer’s right to withdraw from the contract ceases. According to the Consumer Protection Act, the burden of proving that he or she has acted in accordance with the above in order to exercise the right to withdraw from the contract.
- There is an obligation of the consumer to pay the Store the costs related to the exercise of the right to withdraw from the contract, which are reflected in the costs of delivery of the purchased goods to the Store, which depend on the method of delivery or the costs of the postal operator that the consumer chooses when returning the purchased goods to the Store.
- The consumer has the right to withdraw from the contract, except in the case of: 1) the delivery of goods manufactured according to the specific requirements of the consumer or clearly personalized; (2) the supply of sealed goods which cannot be returned for health or hygiene reasons and which are unsealed after delivery; 3) Delivery of sealed audio, video or computer software, which are unsealed after delivery.
- There is no contractual relationship between the Store and the postal operator through which the consumer can, in the event of a complaint due to non-conformity, send the goods at the expense of the Store.
In accordance with the provisions of Article 26, paragraph 2 of the Law on Consumer Protection, the STORE in the capacity of a trader, given that it is a conclusion of a distance contract or outside business premises with natural persons who have the status of a consumer, through these Terms of Use, i.e. before the conclusion of the contract, informs in a clear and understandable manner about the following:
- The consumer is obliged to bear the costs of returning the goods in the event of withdrawal from the contract.
- There are no applicable codes of good business practice that apply to the Store.
- That there is no minimum duration of the consumer’s contractual obligations.
- That there is no need or obligation for the consumer to deposit any deposit or any other financial guarantee to the Store.
- The consumer is informed about the possibility of out-of-court settlement of disputes through Article 40 of these Terms of Use.
2 – PRICES
Article 4
The STORE independently determines the prices and other commercial conditions for the sale of goods and the provision of services, in accordance with its business policy.
Article 5
In accordance with the law, all prices are quoted in dinars and include the corresponding VAT (for the Republic of Serbia). Prices and other commercial terms and conditions for the provision of services are available to the User at any time through the Site.
VAT is included in the price and there are no hidden costs.
Article 6
The STORE reserves the right to change prices and other commercial conditions, of which it informs the User through the Site. The STORE reserves the right, due to technical limitations related to real-time stock measurement, to display the price of an item that is not in stock at the time of display. In this sense, the STORE does not guarantee the condition of the stock at all times. As the STORE performs e-commerce, which is at the same time directed (among others) to consumers in the Republic of Serbia, the STORE displays all prices of goods exclusively in dinars.
IMPORTANT NOTE FOR SHIPMENTS DELIVERED ABROAD: shipments delivered outside the Republic of Serbia may be subject to customs duties and additional costs determined by the regulations of the country where the shipment enters. Please inquire about these rules before ordering.
3 – PAYMENTS
Article 7
Proforma invoices and invoices contain, among other things, the calculated amount for the sale of goods of the Store and liabilities on the basis of public revenues (taxes, taxes and debts). Invoices for the services provided by the STORE are provided by:
– to the customer through the postal operator, to the customer’s address, upon receipt of the order (cash on delivery) or
– to the buyer via e-mail, to the registered e-mail address of the user, after receiving the order, during the duration of the user relationship.
Article 8
When paying by cash on delivery, the User pays the calculated amount to the Courier Service. When paying by payment slip, the User pays the calculated amount within 48 hours, according to the payment data. The STORE allows payment by accepting payment cards through the Site (online point of sale), when paying with payment cards (Visa and MasterCard, Maestro). The user pays the calculated amount, while the transaction costs (bank commission) are borne by the STORE. The user is obliged to make the payment in the way he chooses, if the STORE allows different payment methods. Once the payment method is selected, per individual transaction, the User cannot change until the transaction is executed in the selected method.
Article 9
Proforma invoices are delivered to the User exclusively electronically, i.e. via e-mail or through the appropriate page of the Site, depending on the current functionality of the service. The delivery of invoices in printed form is carried out by the STORE by ordinary mail, exclusively at the special request of the User, for which the User may be charged such costs of postal services. Account data of an individual User may be available to that User and through the Site, depending on the current functionality of the service.
Article 10
The STORE is not responsible in the event that the User does not receive a pro forma invoice or invoice in a timely manner (due to a malfunction in the User’s computer network or a failure in the operation of the postal service). The user is obliged to notify the Store of the absence immediately after the expiration of the usual deadline for receipt of a pro forma invoice or invoice and request the sending of duplicates.
4 – COMPLAINTS AND THE RIGHT TO TERMINATE THE PURCHASE CONTRACT
Article 11
The STORE has legal liability for non-conformity of goods or services with the contract. All complaints are subject to the Rulebook on Resolving Complaints of the Store, which is published at the following address: Rulebook and Consumer Protection Act.
Article 12
If the User believes that the calculation of goods has not been properly performed, he may submit a complaint to the Store in writing, via e-mail, within 24 hours of receiving a pro forma invoice or invoice, provided that he is obliged to pay the amount that is not disputed by the complaint. The User may submit a request for a complaint in the same way if there has been an error in the selection of the goods or there is another reason why the User is unable to use the goods, provided that the User has not already started using the goods. The complaint must contain a precise description of the irregularity in the calculation or other reason for the complaint and must be signed by the User, i.e. a person authorized to represent the User. The STORE is obliged to inform the User within 8 days after receiving the complaint whether the complaint has been accepted. The STORE will not accept complaints that are unclear, incomplete and submitted untimely, as well as complaints that are not signed by the User, i.e. a person authorized to represent the User. In the event of acceptance of the complaint for incorrectly calculated goods/services, the STORE will issue a new pro forma invoice or invoice to the User with the indicated payment deadline, reduced by the amount paid that has not been disputed by the complaint. In the event of acceptance of the complaint for incorrectly selected goods, the consumer undertakes to return such goods to the Store at his own expense, and the STORE will refund the money if the incorrectly selected goods are not damaged.
Article 13
The user who purchased the goods via the Internet, or if the goods were delivered to him by courier service (distance contract), has the right to withdraw from the distance contract, within 14 days, without stating the reason and additional costs, except for the costs of returning the goods, which in this case are borne by the user. The 14-day period is calculated from the moment the goods arrive in the country of the User, i.e. a third party designated by the User, who is not the carrier. Upon the expiration of the period referred to in this paragraph, the user’s right to withdraw from the contract ceases. The user has the right to withdraw from the contract with a statement that is available on the website, in electronic form and can be used with each individual purchase. This statement is delivered to the Store via e-mail, and the user will also be notified of the receipt of the same by e-mail.
Article 14
In the event of withdrawal from the Contract, the user is obliged to return the goods to the Store without delay, and no later than 14 days from the date on which he sent the withdrawal form. The goods are returned at the expense of the User, by sending the goods through the postal operator to the address: SELLER. The user is solely responsible for the diminished value of the goods that arises as a result of handling the goods in a manner that is not adequate, i.e. exceeds what is necessary to establish the nature, characteristics and functionality of the goods. The user is obliged to return the product as unused, undamaged and in the original packaging, i.e. in the same condition in which it was delivered, without any mechanical or any other damage. According to the laws governing the business with cash, the STORE is not able to make any payments in cash to anyone and for anything, and therefore it is not able to perform the so-called “redemption”, i.e. to receive shipments sent with a “ransom”. For this reason, the STORE is forced to refuse to accept such shipments, which may expose the sender to additional costs. When sending items to the Store, it is necessary for the sender to make the shipment in a way that is done without any redemption, i.e. the sender does not have the ability to oblige the Store to do business in cash.
Article 15
In the event of a lawful withdrawal from the contract, the STORE is obliged to return to the user the amount paid by the user on the basis of the contract within 14 days from the date of receipt of the withdrawal form. The store may postpone the refund until it receives the goods to be returned.
Article 16
In the event that the STORE enables payment by accepting payment cards through the Website (online point of sale), to any User who has made a payment with one of the payment cards, in part or in full, and regardless of the reason for the return, the STORE undertakes to make the refund exclusively through the card (VISA, EC/MC, Maestro, etc.) payment method, which means that the bank will refund the funds to the account of the card user at the request of the seller.
Article 17
By agreeing to these Terms of Use, the User gives explicit consent (within the meaning of Article 34, paragraph 2 of the Law on Consumer Protection) to the Store to refund the payments received from the User who paid for the goods cash on delivery, to the current account of the User without additional costs for the User, and the User undertakes to submit to the Store the data to the current account to which the refund of payments is made.
Article 18
All payments will be made in the local currency of the Republic of Serbia – dinar (RSD). For informative display of prices in other currencies, the middle exchange rate of the National Bank of Serbia is used. The amount for which your payment card will be charged will be expressed in your local currency through conversion to the same at the exchange rate used by the card organization/your issuing bank, which may not be known to us at the time of the transaction. As a result of this conversion, there may be a slight difference between the original price listed on our website and the one you can see on your bank statement. Thank you for your understanding.
Article 19
The user is solely responsible for the diminished value of the goods that arises as a result of handling the goods in a manner that is inadequate (within the meaning of Article 35, paragraph 4 of the Law on Consumer Protection), i.e. exceeds what is necessary to establish the nature, characteristics and functionality of the goods. Upon receipt of the goods, the User has the right to try the same, but if he uses it in a way that is not adequate, i.e. exceeds what is necessary to determine the nature, characteristics and functionality of the goods, the User is solely responsible for the diminished value of the goods and the STORE may charge the User for that reduced value of the goods. For the sake of good understanding, the STORE reserves the right not to accept the complaint or not to agree to a refund of the price if the User, in addition to trying them, has also used the goods after they have determined the nature, characteristics and functionality of the goods (e.g. used for their own needs, or worn, or the goods have visible or functional traces of use, etc.). If the very essence of the goods is a certain packaging, a decorative box, the STORE will consider that the value of that goods is diminished if the decorative box is damaged. All products that have a decorative box must be returned to the Store in appropriate transport packaging, so as not to damage the very essence of the goods.
5 – USE OF SERVICES AND DELIVERY
Article 20
The STORE undertakes to provide the User with the use of the Site, within its technical capabilities, with the reservation that it reserves the right, without special notice, due to works on the system or other maintenance needs, to temporarily suspend the provision of services, in part or in full, as long as there is a justified need for this.
Article 21
The STORE undertakes to conform its Website to the relevant domestic legislation in the field of Internet commerce, and generally accepted recommendations and codes relating to the permitted and acceptable use of the Site for Internet commerce.
Article 22
With its Website, the STORE allows the User to order the offered goods from the sales assortment of the Store.
The moment of ordering goods is considered to be:
– Confirmation of the order on the Store’s Website when the goods are paid for on delivery;
– Receipt of the amount from the purchase order when the goods are paid for in another way.
Article 23
About the successfully completed ordering process (order number, price and date of delivery of the shipment when known and the name of the courier service when known), the STORE informs the consumer and/or through systemic or automated Viber and SMS messages and/or e-mail and/or by displaying the notification “Accepted order” after placing the order.
Article 24
The STORE undertakes to deliver the ordered goods to the courier service within 3 working days (weekends and other non-working days are not included in working days), and to the buyer no later than 30 days from the date of ordering the goods. The courier service delivers the ordered goods within the time limit determined by it, and the STORE does not and cannot have any influence or responsibility for the operation of the courier service. The courier service has sole responsibility for the delivery of the ordered goods to the User. The courier service will bring the shipment to the delivery address within the period determined by the courier company. The user undertakes to ensure that there is a person at the address who can take over the shipment within the specified period. If the User or the person who can pick up the shipment is not at the delivery address, the Courier Service may contact the User on the User’s phone and arrange a new delivery date. If the User is still not found at the delivery address, the shipment will be returned to the Store. Upon return of the shipment, the User will be contacted by the Store in order to establish the reason for the non-delivery and to arrange re-sending.
Article 25
When picking up the shipment, it is necessary for the User to visually inspect the shipment to ensure that there are no visible damages. If the User notices that the transport packaging is damaged and suspects that the goods may also be damaged, the User is authorized to refuse to accept the shipment and make a record according to the rules of the courier service he has chosen.
Article 26
The user undertakes to take over the undamaged item and sign the proof of receipt of the item – address letter to the Courier Service.
Article 27
Given that each country defines the Laws on the Movement of Goods and Services, it may happen that INDEPENDENTLY OF US, some services charge additional costs on our goods and services, (costs of postage, opening and control of packages, customs, re-delivery, change of delivery address, etc.). It is recommended that before ordering goods, check whether there are any special prohibitions for the country from which the order is made. All costs under the above are borne by the buyer.
6 – RULEBOOK ON PERSONAL DATA PROTECTION WITH NOTICE ON DATA COLLECTION AND PROCESSING
The Rules on Personal Data Protection with a notice on the collection and processing of data is an integral part of these Terms of Use and is published at the following Internet address of the Store: regulation/privacy-policy.
7 – CONFIDENTIALITY OF DATA OF LEGAL ENTITIES
Article 27
Data on legal entities collected by the STORE are data that are normally collected for the purpose of doing business between legal entities, for the purpose of entering into a business relationship.
Article 28
The Contracting Parties agree to keep all obtained data that the other Contracting Party – legal entity, has marked as confidential, in connection with the conclusion or realization of the user relationship, as confidential for the duration of the user relationship, as well as for two years after its termination.
Article 29
The STORE collects data about the User, who is a legal entity, necessary for establishing a user relationship, providing quality services and ensuring timely information, as well as for the purpose of informing about its own offer, in accordance with good business practices.
Article 30
The STORE will not use the business data of the User of a legal entity for any other purposes, without the consent of the User.
8 – TEMPORARY AND PERMANENT SUSPENSION OF SERVICES
Article 31
In the event that the User, at the discretion of the Store, abuses his rights under these Terms of Use or violates them, the Store has the right to temporarily or permanently suspend the provision of services for the use of the Site without prior or subsequent notice and/or explanation.
Article 32
The Store may temporarily suspend the provision of services to any User if there is a reasonable suspicion that there is any unauthorized or fraudulent activity that may cause damage to the Store, another User or a third party. The STORE is obliged to inform the User immediately after the occurrence of the case referred to in the previous paragraph about the suspension of the provision of services and the reasons why it occurred. The suspension of the provision of services in the case referred to in paragraph 1 of this Article may last for the length determined by the STORE.
Article 33
If, after the warning, the User continues with the unauthorized behavior, the STORE has the right to permanently suspend the provision of services and terminate the user relationship.
Article 34
The STORE may temporarily suspend the provision of services to the User in order to eliminate technical failures or perform other necessary works on its infrastructure. The STORE will inform the User in a timely manner about the dates of shutdown due to planned infrastructure works.
9 – LIABILITY AND LIMITATIONS
Article 35
The User is independently responsible for his actions when using the Internet, the Website, as well as for the content of his communication with third parties and the content he makes publicly available via the Internet, including the Store’s Website.
Article 36
The User may unilaterally terminate the user relationship with the Store if he does not agree with the changes to these Terms of Use. The User is obliged to submit a request for termination of the user relationship on this basis to the Store within eight days from the date of receipt of the notification of the change in the Terms of Use. In the event of termination of the user relationship, regardless of the basis for termination, the user is obliged to immediately, and no later than within 8 days, settle all debts to the Store arising from the services provided or delivered goods.
Article 37
Termination of the customer relationship, regardless of the reason and manner of termination, does not affect the contractual obligations of the User as a customer, i.e. it does not affect the buyer’s obligation to pay for the goods, i.e. settle all debts he has towards the Store.
10 – JURISDICTION AND DISPUTE RESOLUTION
Article 38
The User and the STORE agree that the provisions of these Terms of Use are to be interpreted in a manner that contributes to the performance of contractual obligations for mutual benefit. Anything not regulated by these Terms of Use shall be governed by the applicable regulations of the Republic of Serbia.
Article 39
The user who is a legal entity and the STORE agree to try to resolve all possible misunderstandings that arise during the duration of the user relationship peacefully, and if they fail to do so, the court in Belgrade will be competent.
Article 40
The user who is a natural person (who has the status of a consumer) and the STORE undertake to try to resolve any possible misunderstandings that arise peacefully. In accordance with the above, TRGOVINA, in the capacity of a trader, informs every natural person who has the status of a consumer, that the consumer has the right to resolve disputes between the consumer and the trader – out-of-court settlement of consumer disputes, within the meaning of the Consumer Protection Act, before the body for out-of-court settlement of consumer disputes entered in the List of bodies for out-of-court settlement of consumer disputes in accordance with the said Law. If they fail to do so, the competent court to resolve the dispute will be the court of the consumer’s place of residence, i.e. residence in the Republic of Serbia, with the application of the law of the Republic of Serbia. A natural person who has the status of a consumer may initiate a court or out-of-court procedure for resolving a consumer dispute only after receiving a response to the complaint or complaint in accordance with the Consumer Protection Act. The store is obliged to participate in the procedure of out-of-court settlement of consumer disputes before the body.
11 – TRANSITIONAL AND FINAL PROVISIONS
Article 41
The STORE reserves the right to make changes and additions to these Terms of Use in accordance with the amended terms and conditions and in accordance with its business policy.
Article 42
The STORE has the right to change or amend these Terms of Use at any time, by publishing the amendments in consolidated text on the Site and/or sending an e-mail to all registered users, at least eight days before the date of their commencement of their application.
Article 43
If the user does not give an explicit answer within the period referred to in Article 42 of these Terms of Use (by clicking on the link to accept the Terms of Use), it will be considered that he agrees with the new Terms of Use. If the user does not explicitly accept these Terms of Use, it will be considered that his user status has ceased, that all previous rights and obligations are extinguished, and the contractual relationship is terminated under the previously valid Terms of Use. With the entry into force of the new Terms of Use, the acquired rights of the user are not affected.
Article 44
These Terms of Use shall take effect on the eighth day from the date of their publication on the Website. Upon the entry into force of these Terms of Use, the previous Terms of Use cease to apply.
Article 45
Each printed copy of these Terms of Use shall have full legal effect on the basis of the provisions of the Electronic Document Act, and its validity or evidentiary force may not be challenged.