U skladu sa odredbama Zakona o zaštiti potrošača „Službeni glasnik RS“ br. 88/2021 I Pravilnikom o uslovima I načinu rešavanja reklamacija PR NEON LINGERIE od 21.07.2023. godine, obaveštavamo vas o načinu i mestu ulaganja i rešavanja reklamacija kupaca.
The buyer-consumer can file a complaint:
Along with the complaint statement, you need to submit the invoice for inspection or other proof of purchase (copy of the invoice, slip, etc.).
NEON LINGERIE will receive your complaint and enter it in the book of complaints, and issue you a confirmation that you filed a complaint on the purchased goods.
NEON LINGERIE is obliged to respond to the consumer's complaint in writing or electronically without delay, and no later than within 8 days from the date of receipt of the complaint.
The seller's response to the consumer's complaint must contain a decision whether to accept the complaint, a statement on the consumer's request and a specific proposal and deadline for resolving the complaint.
If, for objective reasons, the seller is not able to satisfy the consumer's request within the agreed deadline, he is obliged to inform the consumer about the extension of the deadline for resolving the complaint and specify the deadline in which he will resolve it, as well as to obtain his consent, which is the obligation to recorded in the records of complaints received. Extension of the deadline for resolving complaints is possible only once.
The seller is obliged to resolve the accepted complaint within 30 days from the day the complaint was submitted
The buyer can file a complaint within two years from the day of receiving the goods, after which the complaint can only be filed with the manufacturer of the goods.
NEON LINGERIE introduces below the relevant provisions of the Law on Consumer Protection:
Article 55
The consumer can file a complaint with the seller in order to exercise his rights from Article 51 and Article 80 of this law, as well as due to incorrectly calculated prices and other defects.
The consumer can file a complaint with the seller in order to exercise his rights from Article 53 of this law within the period in which the seller's responsibility based on non-conformity is stipulated, and after the expiration of that period, the complaint is reported to the issuer of the guarantee.
The merchant is obliged to receive the declared complaint.
The seller is obliged to display at the point of sale a notice about the method and place of receipt of complaints, as well as to ensure the presence of a person authorized to receive complaints during working hours.
The consumer can declare a complaint orally at the point of sale where the goods were purchased or at another place designated for receiving complaints, by telephone, in writing, electronically or on a permanent record carrier, with the delivery of a receipt for inspection or other proof of purchase (a copy of the receipt , slip, etc.).
The seller is obliged to keep records of complaints received and keep them for at least two years from the date of submission of consumer complaints. When processing the consumer's personal data, the seller acts in accordance with the regulations governing the protection of personal data.
The seller is obliged to issue a written confirmation to the consumer without delay or to confirm the receipt of the complaint electronically, that is, to communicate the number under which his complaint was filed in the record of received complaints.
Records of received complaints are kept in the form of a bound book or in electronic form and contain, in particular, the name and surname of the applicant and the date of receipt of the complaint, information about the goods, a brief description of the non-conformity and the request from the complaint, the date of issuance of the confirmation of receipt of the complaint, the decision on the response to the consumer, the date of delivery of that decision, the agreed appropriate deadline for resolution to which the consumer agreed, the manner and date of resolution of the complaint, as well as information on the extension of the deadline for resolution of the complaint.
The seller is obliged to respond to the consumer's complaint in writing or electronically without delay, and no later than within eight days from the day of receipt of the complaint. The seller's response to a consumer complaint must contain a decision as to whether he accepts the complaint, an explanation if he does not accept the complaint, a statement on the consumer's request on the method of resolution, and a specific proposal in which period and how to resolve the complaint if he accepts it. The deadline for resolving the complaint cannot be longer than 15 days, or 30 days for technical goods and furniture, from the day the complaint is submitted.
The seller is obliged to act in accordance with the decision and proposal for resolving the complaint, if he received the consumer's prior consent. The deadline for resolving the complaint ends when the consumer receives the seller's response from paragraph 9 of this article and starts running again when the seller receives the consumer's statement. The consumer is obliged to respond to the seller's response no later than three days after receiving the seller's response. If the consumer does not make a statement within the prescribed period, it will be considered that he does not agree with the seller's proposal from paragraph 9 of this article.
If, for objective reasons, the seller is not able to satisfy the consumer's request within the prescribed period, he is obliged to inform the consumer about the extension of the deadline for resolving the complaint and specify the deadline in which he will resolve it, as well as to obtain his consent, which he is obliged to record in records of received complaints. Extension of the deadline for resolving complaints is possible only once.
If the seller rejects the complaint, he is obliged to inform the consumer about the possibility of settling the dispute out of court and about the competent bodies for the out-of-court settlement of consumer disputes.
The inability of the consumer to provide the seller with the packaging of the goods cannot be a condition for resolving the complaint, nor a reason for refusing to remove the nonconformity.
If the seller resolves the verbally stated complaint in accordance with the consumer's request when it is stated, he is not obliged to act in the manner provided for in paragraph 7 and paragraph 9 of this article.
The right to out-of-court settlement of disputes
Article 151
The procedure before the body can be initiated by the consumer only if he has previously stated a complaint or objection to the trader.
The trader is obliged to participate in the procedure of out-of-court settlement of consumer disputes before the body.
The merchant is obliged to visibly and clearly display at the point of sale a notice that he is obliged by law to participate in the out-of-court settlement of consumer disputes.
The out-of-court resolution of a consumer dispute in accordance with this law may last no longer than 90 days from the date of submission of the proposal.
As an exception to paragraph 4 of this article, in justified cases where the subject of the dispute is complex, the 90-day period may be extended by a maximum of another 90 days, of which the body shall notify the consumer and the trader without delay.
The consumer may opt out of further participation in the out-of-court settlement of the consumer dispute until the procedure is completed.
The consumer submits the proposal for the initiation of the out-of-court settlement of the consumer dispute to the Ministry, directly, by mail or electronically
The list of bodies for out-of-court settlement of consumer disputes can be found on the website of the Ministry of Trade, Tourism and Telecommunications, at the link: https://mtt.gov.rs/tekst/sr/2306/zastita-potrosaca.php
In accordance with the Law on Consumer Protection (Official Gazette of the RS, No. 88/2021), purchases through our sales website are considered distance sales. In the case of distance sales, the Law establishes the right of the buyer to withdraw from the contract (purchase) within 14 days from the day he received the product
When canceling, the customer does not have to state the reasons for canceling the purchase. Cancellation of the purchase may occur because the purchased product does not match the characteristics and description on the site, if it is defective, if it did not meet the customer's expectations in terms of functionality or for any other reason important to the customer, and the customer does not have to explain the reason for the return.
The buyer begins the withdrawal from the purchase by filling out the form Declaration on the withdrawal from the contract concluded at a distance or the contract concluded outside the business premises, which is delivered to each buyer in writing at the time of the purchase itself.
The data that the customer enters in the form are:
1) data about the customer himself - first and last name, address, contact phone number, e-mail address
2) purchase data - date of conclusion of the contract, date of receipt of goods, date of sending the cancellation form, name of the goods to be returned, invoice number
3) reasons for cancellation - the buyer does not have to state the reasons for canceling the purchase
4) the buyer is obliged to declare the method of returning the money; in case the money is returned by payment to a bank account, the customer enters in the form data about his bank account and the bank where the account was opened
The customer then sends the form to the address for receiving statements, and the person in charge of receiving the forms will confirm receipt of the form electronically and/or in writing. Instructions for returning the goods will be attached to the confirmation.
In accordance with the law:
1) the buyer is obliged to return the goods to the trader within 14 days from the day he sent the cancellation form
2) the buyer bears only the direct costs of returning the goods (therefore, he returns the goods at his own expense)
3) the buyer 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.
In accordance with the Law, the trader can delay the refund until he receives the goods to be returned, or until the consumer provides proof that he has sent the goods to the trader, whichever comes first, except in the case where the trader has offered to collect the goods himself. The returned goods must contain all the elements that the customer received during delivery: the product itself, associated parts, parts from the set (if additional parts are received with the goods), then complete documentation, instructions, original packaging, transport elements that serve to protect and all other elements of packaging and goods. The product must be without physical damage, cleaned of traces of use and properly packed as during delivery to the customer.
The seller cannot be held responsible for damage to the goods caused by unprofessional or unintended use of the delivered goods, and in that case the buyer will be obliged to compensate for the resulting damage.
The buyer can return the goods by courier service. Sensitive and fragile goods must be insured against damage by the buyer. Upon receipt of the returned goods, the persons in charge of our company will inspect all elements in detail and determine the correctness of the goods. In the event that the goods are returned as defective or damaged, the customer will be notified immediately and the problem will be resolved. In case the goods are correct and undamaged, the money will be paid to the buyer's current account in the bank of the buyer's choice or sent by postal order to the buyer's address.
NEON LINGERIE below introduces you to the relevant provisions of the Law on Consumer Protection:
Article 28
The consumer has the right to withdraw from the contract concluded at a distance, i.e. outside the business premises within 14 days, without giving reasons and additional costs, except the costs from Art. 34 and 35 of this law (hereinafter: withdrawal from the contract).
The consumer exercises the right to withdraw from the contract by making a statement on a special form for withdrawing from a contract concluded at a distance, i.e. outside the business premises or in another unambiguous way (hereinafter: withdrawal form).
The declaration of withdrawal from the contract for distance contracts and contracts that are concluded outside the business premises is considered timely if it is sent to the merchant within the period referred to in paragraph 1 of this article.
The declaration of withdrawal from the contract produces a legal effect from the day it is sent to the merchant.
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.
After the deadline referred to in Article 29 of this law, the consumer's right to withdraw from the contract ends.
The burden of proving that he acted in accordance with the provisions of para. 1.-5. of this article, in order to exercise the right to withdraw from the contract, it is up to the consumer.
The form and content of the waiver form is prescribed by the minister responsible for consumer protection affairs (hereinafter: the Minister).
Calculating deadlines for the consumer to withdraw from the contract
Article 29
In the case of contracts for the provision of services, the period of 14 days is calculated from the moment of conclusion of the contract between the consumer and the trader.
In the case of a contract for the sale of goods, the period of 14 days is counted from the moment when the goods arrive in the country of the consumer, that is, a third party designated by the consumer, who is not the carrier.
When the consumer orders several types of goods that are delivered separately in one purchase order, the 14-day period begins when the last type of ordered goods arrives in the country of the consumer, i.e. 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 begins when the last shipment or part has arrived in the country of the consumer, that is, a third party designated by the consumer, who is not the carrier.
When a contract is concluded for an indefinite period with periodic deliveries of goods, the period of 14 days begins to run when the first shipment of goods arrives in the country of the consumer, that is, of a third party designated by the consumer, who is not the carrier.
If the trader does not give the consumer the notification from Article 27, paragraph 1, item 4) of this law, in the manner from Article 30, paragraph 1 of this law and Article 31, paragraph 2 of this law, the consumer can withdraw from the contract within 12 months. from the date of expiry of the term for withdrawal from the contract.
If the trader did not deliver the notification from Article 27, paragraph 1, point 4) of this law to the consumer, in the manner referred to in Article 30, paragraph 1 of this law and Article 31, paragraph 2 of this law, and does so within 12 months from conclusion of the contract, the 14-day period begins when the consumer receives the cancellation form.
The deadline from para. 1. to 7. of this article shall expire at the end of the last hour of the last day of the deadline.
In the case of a contract on the provision of financial services at a distance, the term from paragraph 1 of this article is calculated from the moment of concluding the contract, i.e. from the moment of notifying the consumer about the content of the contract if he received that notification after the contract was concluded, and ends at the end of the last hour of the last day of the term .
As an exception to paragraph 1 of this article, in the case of long-distance life insurance contracts, the consumer has the right to withdraw from the contract within 30 days of its conclusion without giving a reason.
Obligations of the trader in case of withdrawal from the contract
Article 34
The trader is obliged to return the payments he received from the consumer without delay, including the delivery costs, and no later than within 14 days from the day he received the cancellation 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. As an exception to paragraph 1 of this article, the trader is not obliged to refund 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 has sent the goods to the trader, whichever comes first, unless 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 the conclusion of the contract outside the business premises if the goods cannot be returned in the usual way through the postal operator.
Obligations of the consumer in case of withdrawal from the contract
Article 35
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 withdrawal 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 from paragraph 1 of this article.
The consumer bears only the direct costs of returning the goods, unless the trader has agreed to bear 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, that is, 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 merchant has not provided him with a notice of the right to withdraw from the contract in accordance with Article 27, paragraph 1, point 4) of this law.
When the consumer exercises the right to withdraw from the contract after submitting a request in accordance with Article 30, paragraph 4 or Article 31, paragraph 8 of this law, he is obliged to pay the trader an amount that is proportionate to the services performed up to the moment when the consumer informed merchant on exercising the right to withdraw from the contract.
The proportionate amount that the consumer should pay 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.
The consumer does not bear the costs for:
1) provided service or supply of water, gas or electricity when they are not offered for sale in a limited or predetermined quantity, or full or partial supply of thermal energy during the withdrawal period when:
(1) the merchant did not submit a notification in accordance with Article 27, paragraph 1, item 4) and 5) of this law; or
(2) the consumer did not expressly request that the execution begin within the deadline for withdrawing from the contract in accordance with Article 30, paragraph 4 or Article 31, paragraph 8 of this law;
2) delivery of digital content, in whole or in part, which was not delivered on a permanent record carrier when:
(1) the consumer has not given prior express consent for the start of execution before the expiration of the 14-day period;
(2) the consumer has not confirmed that he knows that by giving consent he loses the right to withdraw from the contract; or
(3) the merchant has not submitted a certificate in accordance with Article 30, paragraph 2 or Article 31, paragraph 3 of this law.
Except in the cases provided for in this article, the consumer is not liable as a consequence of exercising the right to withdraw from the contract.