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Terms of use and sale

Based on the provision of Article 13. and Article 27. Law on Consumer Protection (Official Gazette of RS 6/2016) company TEOMAN doo, its valued consumers who buy goods through the website  www.takinaksava.rs

 

     NOTICE

 

- to sell goods through the website  www.takinaksava.rs  performs within the registered activity of the company Teoman doo,, Bulevar Kralja Aleksandra 160, Belgrade, Serbia,  mat.no. 21255076, PIB: 109854555,  Phone: +381616233088,,  www.takinaksava.rs , the address for filing a complaint is:  info@takinaksava.rs  as per  decisions   about selling by mail or online.

- that the basic features of the goods can be found on the site  www.takinaksava.rs

- according to the Law on Consumer Protection (Official Gazette of RS, No. 6/2016), purchases can be made through our sales website  www.takinaksava.rs  considered distance selling.

- to goods sold through the website  www.takinaksava.rs   possesses the properties necessary for the regular use of that type of goods in accordance with its purpose defined in the Declaration; 

- that the conformity of the goods to the contract is EXCLUSIVELY determined according to the properties and purpose of the goods as defined by the corresponding Declaration;

- that the selling price of the goods is indicated with each item;

- that the service of delivery of goods is free of charge for orders larger than 3,000 RSD.

- that the service of delivery of goods is 250 RSD if the value of the order is less than 3,000 RSD.

-that the service of delivery of goods is 350 rsd if the customer ordered the service Delivery in a day- fast delivery

- we deliver the purchased goods within 5 working days via the Post-Express courier service, in the manner defined here.

- that the possibility of purchasing goods with special price benefits and ∕ or with special sales incentives (promotional sales), is done in accordance with the conditions published on the website  www.takinaksava.rs ;

- that the consumer buys the goods he buys through the website  www.takinaksava.rs  can pay by cash on delivery at the time of delivery, as well as prominent payment cards at the time of purchase on the site;

- that the consumer undertakes the obligation to pay for the ordered goods by pressing the CONFIRM button when creating the purchase order;

- that in case of receipt of the goods the consumer finds that the size is not appropriate, the consumer has the right to replace the item within 14 days for another size, in the manner defined here.

- that in case of receipt of goods the consumer finds that he wants to exchange the item for another item, which may be higher, lower or the same price category than previously ordered, the consumer may exchange the item within 14 days as defined  here .

- that for goods ordered through the ONLINE store, the consumer has the right to file a complaint against the already used product, in the manner defined for goods purchased through the ONLINE store. You can find the method and procedure for filing a complaint  here.

- that ticketing actions cannot be combined and at the same time use two different discounts within individual actions on the site  www.takinaksava.rs

-that discounts on various stocks cannot be added together

 

Compliance

 

If the delivered goods are not in accordance with the contract, the Buyer, after notifying the Seller of the non-conformity, has the right to request the Seller to eliminate the non-conformity, free of charge or replacement, or to request a corresponding price reduction or terminate the contract.

The buyer has the right to choose to eliminate the non-conformity of the goods by the trader by repair or replacement.

If the elimination of non-compliance in accordance with paragraph 2 of this Article is not possible, the Consumer has the right to request an appropriate reduction in price or termination of the contract if:

  • Non-compliance cannot be remedied by repair or replacement at all or within a reasonable time

  • Cannot exercise the right to repair or replacement, or if the Seller has not performed repair or replacement within a reasonable time

  • Repair or replacement cannot be carried out without significant inconvenience to the customer due to the nature of the goods and their purpose

  • Elimination of non-conformity by repair or replacement is a disproportionate burden for the Seller

Disproportionate burden for the Seller in terms of paragraph 3, item 4) of this Article, occurs if in comparison with the reduction of the price and termination of the contract, it creates excessive costs, taking into account:

  • The value of the goods that it would have had been in accordance with the contract

  • The importance of compliance in a particular case

  • Whether compliance can be removed without significant inconvenience to the customer

The buyer has the right to request a replacement, appropriate price reduction or terminate the contract due to the same or other lack of conformity that occurs after the first repair, and re-repair is possible only with the express consent of the buyer, if the item can be serviced. Taking into account the nature of the goods and the purpose for which the Buyer ordered, the repair or replacement of the goods must be carried out within a reasonable time without significant inconvenience to the Buyer and with his consent. If the non-compliance occurs within six months from the day the risk is passed on to the consumer, he has the right to choose between the request to eliminate the non-compliance by replacement, appropriate price reduction or to declare the contract terminated. The buyer cannot terminate the contract if the non-conformity of the goods is insignificant. The Buyer will not abuse his rights on the basis of non-compliance, otherwise, he will be obliged to compensate the Seller for any damage he has caused. The Seller will determine whether there is a non-conformity of the goods pointed out by the Buyer and if it determines that the Buyer terminated the contract despite the lack of non-conformity or the existence of minor non-conformity, he will ask the consumer for damages due to unjustified termination. Damage means both actual damage and lost benefit.

The seller is responsible for the non-conformity of the goods to the contract that occurs within two years from the date of transfer of risk to the consumer. If the non-conformity occurs within six months from the date of transfer of risk to the buyer, it is assumed that the non-conformity existed at the time of transfer of risk, unless it is contrary to the nature of the goods and the nature of certain non-conformity. When selling second-hand goods, the Seller is liable for non-conformity of the goods within one year.

The seller undertakes to deliver the goods with complete documentation and associated packaging, ie. complete as supplied by the manufacturer, importer or distributor.

 

In order for the Buyer to exercise the right to conformity, when handing over the goods to the Seller for service or inspection, he must enclose with the defective item the documentation that comes with the product (preferably undamaged packaging), original or copy of the Sales Agreement, Invoice and slip confirms the purchase of goods from the Seller. In addition, a detailed description of the defect or damage must be provided in order to facilitate the verification of defects by the Seller's authorized person or the manufacturer's authorized repairers. Defect description, serial number, item name, item manufacturer, model number, etc. they are entered in the form provided for that - the Return Receipt document which was sent to the Buyer's attached e-mail address during the registration of the complaint. The Seller undertakes to provide the Consumer with this form and fill it in when receiving the goods for service. One copy of the reverse is kept by the Seller, and the other by the Buyer when the product is submitted for inspection. Replacement of parts before checking the documentation is not possible, as well as before checking the deficiencies, unless otherwise stated in the price list or special certificate obtained (eg if for a particular item it is indicated that in case of complaint changes 1 to 1 within the period of responsibility for inconsistency). Goods sent for service or inspection by post or parcel distribution must be properly packed in cardboard packaging. All products delivered to the Seller in this way, which are not properly packaged or those with visible mechanical damage to the product during transport will not be taken over by the Buyer, but will be returned to the sender at his expense. The seller does not take any responsibility for any damage to the product and packaging that occurs during transport to or from the address of the buyer. If physical and mechanical damage to the goods for which the Seller is not responsible has been determined, the Seller is not obliged to return the full amount of the purchase price, but will reduce the price by a percentage or amount corresponding to the estimated percentage or amount of impairment due to damage. The assessment will be performed by authorized persons of the Seller.

Conformity does not cover defects, damages and malfunctions caused by improper and unprofessional handling of the product. Improper handling also includes omissions such as connecting the appliance to energy sources not specified in the operating instructions as well as using the appliance in unforeseen conditions and spaces. The Buyer loses the right to conformity in the case of unauthorized repair of the product as well as repair by a third party not authorized by the Seller.

In the event that the Seller's inspection service determines that the product sent for repair after the complaint is correct, the inspection of the product will be charged according to the valid price list of the service and all transport costs borne by the Seller will be charged. The product will be delivered to the consumer's address only after the Buyer pays all incurred costs to our current account.

The consumer may file a complaint in order to exercise his rights due to non-conformity of goods to the contract and rights under the guarantee, as well as due to incorrectly calculated prices and other defects, as described in the notice of receipt and place of receipt.

The Seller is obliged to respond to the Buyer's written complaint without delay, and no later than within eight days from the day of receipt of the complaint, in writing or electronically. The Seller's response to the complaint must include a decision on whether to accept the complaint, a statement on the consumer's request and a specific proposal and deadline for resolving the complaint. The deadline cannot be longer than 30 days from the day of submitting the complaint.

The seller is obliged to act in accordance with the decision, proposal and deadline for resolving the complaint, if he has obtained the prior consent of the consumer. Therefore, the consumer will give his consent as soon as possible from the moment of receipt of the Seller's response to the complaint, so that the Seller can resolve the complaint within the above-mentioned legal deadline. Untimely giving of consumer consent will be considered one of the objective reasons why the Seller is not able to satisfy the consumer's request within the legal deadline.

If the seller for objective reasons is not able to satisfy the consumer's request within the agreed time, he is obliged to inform the consumer about the extension of the deadline for resolving the complaint and state the deadline within which he will resolve it, as well as to obtain his consent. as soon as possible. Extension of the deadline for resolving complaints is possible only once.

The seller undertakes to replace any product that has been submitted for service and whose complaint has not been resolved within the agreed period with a new, the same or appropriate item. If the Consumer does not accept the replacement of the item with another suitable one, the Buyer will be refunded the amount of the purchase price.

The consumer is obliged to pick up the repaired product no later than 30 days from the moment he received the notification that he can pick up the product from the service. After the expiration of that period, the Seller no longer assumes any responsibility for the given product and the product can be handed over for recycling.

Conformity is given exclusively to the correctness of the item and not to its functionality because it implies that the Buyer is familiar with the technical characteristics of the product, so compliance refers to the fact that the selected product will meet consumer requirements within the declared technical capabilities prescribed by the manufacturer. Compliance does not apply to product maintenance, ie. cleaning, etc. The Buyer is expected not to expose the purchased product to harmful effects (tobacco smoke, extremely dusty rooms, extremely cold or extremely hot rooms, etc.).

The right to conformity cannot be exercised if the damage or defect of the goods occurred due to transport after delivery, due to improper installation, due to improper maintenance, due to faulty electrical installations, unstable voltage or due to electric shock or lightning, due to force majeure (flood, earthquake, fire, etc.), due to improper use, due to non-compliance with the manufacturer's instructions and recommendations on the use of the product, due to the use of inappropriate consumables not purchased with the product, due to any mechanical damage to the product caused by the buyer or a third party , due to unauthorized repair of the product by a third party not authorized by the Seller, if the product is returned without a fiscal invoice or other evidence that it was purchased from the Seller. The consumer is obliged to establish the completeness and physical integrity of the product he takes over when taking over the purchased product. Subsequent complaints regarding completeness and physical integrity will not be accepted.

The consumer will keep the original packaging of the purchased product and use it in every internal and external transport.

Before contacting for technical assistance, the Buyer will check whether all the necessary conditions for the smooth operation of the purchased product are provided.

 

Details of distance selling contracts

 

Article 2

By signing this Agreement, the Buyer confirms that he is aware of the basic features of the goods (products) he buys, the price, method of payment, manner and deadline and delivery of other contractual obligations, the functionality of the goods, including technical protection measures for digital content. on the relevant interoperability of digital content with hardware and software of which the trader has knowledge, on the existence and conditions of after-sales services and guarantees, on the existence of legal liability of the Seller for non-compliance with the contract, on how to file a complaint; as well as the conditions related to the exercise of consumer rights on the basis of compliance, the availability of spare parts, fittings and similar parts, technical service, or maintenance and repair during and after the end of the period in which the Seller is liable for nonconformity production and import of goods. The Seller provided the Buyer with instructions for use and installation.

Article 3

If the delivered goods do not comply with the contract, the Buyer, after notifying the Seller of the non-conformity, has the right to request the Seller to eliminate the non-conformity, free of charge, repair or replacement, or to request a corresponding price reduction or terminate the contract.

The buyer has the right to choose to eliminate the non-conformity of the goods by the trader by repair or replacement.

If the elimination of non-compliance in accordance with paragraph 2 of this Article is not possible, the Buyer has the right to request an appropriate price reduction or termination of the contract if:

  • Inconsistencies cannot be remedied by repair or replacement at all or within a reasonable time

  • Cannot exercise the right to repair or replacement, or if the Seller has not performed repair or replacement within a reasonable time

  • Repair or replacement cannot be carried out without significant inconvenience to the Buyer due to the nature of the goods and their purpose

  • Elimination of non-conformity by repair or replacement is a disproportionate burden for the Seller.

Disproportionate burden for the Seller in terms of paragraph 3, item 4 of this article, occurs if in comparison with the reduction of the price and termination of the contract, it creates excessive costs, taking into account:

  • The value of the goods it would have had been in accordance with the contract

  • The importance of compliance in a particular case

  • Can compliance be removed without significant inconvenience to the Buyer

The Buyer has the right to request a replacement, appropriate price reduction or to terminate the contract due to the same or other lack of conformity that occurs after the first repair, and re-repair is possible only with the express consent of the Buyer.

Taking into account the nature of the goods and the purpose for which the Buyer procured, the repair or replacement of the goods must be carried out within a reasonable time without significant inconvenience to the Buyer and with his consent.

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