1. Right of withdrawal
In distance contracts, the consumer has the right to notify the company within 14 days that he or she is withdrawing from the contract, without having to give a reason for his or her decision.The notification is deemed to be timely if the parcel is delivered within the deadline. The only cost to be borne by the consumer in connection with withdrawal is the direct cost of returning the goods. If the consumer withdraws from the contract, our company will reimburse all payments made to the consumer within a maximum of 14 days after receipt of the cancellation notice.
From when does the withdrawal period start?
If the undertaking has fully complied with the obligation, the withdrawal period for the supply of the goods starts from the day the consumer takes delivery of the goods.
Seller's obligations on withdrawal
If, in the event of withdrawal from the contract, the goods have not been replaced at the Buyer's request, the Seller shall refund the full purchase price within 14 days of receipt of the notice of withdrawal from the contract. The seller shall return the payments received to the consumer by the same means of payment as used by the consumer, unless the consumer has expressly requested the use of a different means of payment and the consumer does not bear any costs as a result.
2. Return of goods, purchase price
The Buyer must return the goods to the Seller undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or reduced in quantity without any fault on the part of the Buyer. The Buyer shall be liable for any diminution in the value of the goods if the diminution is due to handling which is not strictly necessary to establish the nature, characteristics and functioning of the goods.
Please send the returned goods to our address: iSERVER d.o.o., Stanetova ulica 7, 3000 Celje
Download the Returns Form here: Return of goods form.
Complete the form and return it by email [email protected], bring it to the shop in person or contact the retailer.
If the consumer is not satisfied with the goods for any reason, he must return them to the trader within 14 days of the date of the cancellation notice. Please note that in order to receive a full refund, the goods must be undamaged. The consumer cannot and must not use the goods received unhindered during the period until the cancellation of the contract.
It is not a test purchase: buying at a distance does not give the consumer any more rights than buying in a shop. The consumer may therefore only inspect and test the goods received to the extent strictly necessary to ascertain the actual situation and as is customary in shops (e.g. try on a garment). Any 'testing' or other use which deviates from the above may be considered to be use of the goods, which means that the consumer is liable for diminution in the value of the goods if the diminution is the result of conduct which is not strictly necessary to ascertain the nature, characteristics and functioning of the goods.
A copy of the invoice and any other supporting documents must be attached. The Buyer is solely responsible for the risk of loss, damage or destruction of the product he wishes to return, unless this is due to no fault of his own. The only cost to be borne by the Buyer in connection with the withdrawal from the contract shall be the cost incurred in returning the object of purchase.
Procedure for replacing goods
In case of exchange of goods at the consumer's request, iSERVER d.o.o. shall request the return of the goods to the address iSERVER d.o.o., Stanetova ulica 7, 3000 Celje. The company will refund the purchase price of the product. Only when the product has arrived at the address mentioned above, iSERVER d.o.o. will send the new product (from the new order created) to the consumer at the address given.
3. Enforcing the guarantee
The consumer can complain about a defect at any time during the guarantee period. You can claim a guarantee for products that are subject to a mandatory guarantee (the list of products is set out in Regulations on goods covered by a guarantee of faultless operation) and those for which a voluntary guarantee has been given. During the guarantee period, the consumer may request the guarantor to remedy the defect free of charge. If the defect cannot be rectified or is not rectified by the company within a total period of 45 days, the consumer can request a replacement for a new product free of charge. Only if the repair is not possible or is not carried out by the company within a total period of 45 days may the consumer request a replacement for a new, fault-free product.
What is the procedure for claiming the guarantee?
Within the warranty period and subject to the warranty conditions, the Buyer must request the rectification of defects from the Warrantor by written application and must provide both the product and the warranty and service certificates, as well as a copy of the invoice. There is no cost to the Buyer for the rectification or replacement of the Product. If the Seller establishes that the defect in the Product is due to the Buyer's misconduct, and the warranty claim is therefore unjustified, the Seller will send the Product back to the Buyer at the Buyer's expense, by written notice to the Buyer.
Download the complaint form here: Complaint form
Complete the form and return it by email [email protected], bring it to the shop in person or contact the retailer.
4. Pleading a material defect
However, a consumer can claim for a material defect for any product purchased (which means that if a product is defective and not covered by a guarantee, the consumer can claim for a material defect, but can also do the same if he/she does not want to claim for a product that is covered by a guarantee).
Under the law on defects in workmanship, the consumer can complain to the seller about a defect in the product, as follows within two months of discovering the factual error (the seller is no longer liable for defects that appear in the product after two years from the date of acceptance), and, at his option, require the defect to be rectified or the amount paid to be refunded in proportion to the defect, or the goods to be replaced or the amount paid to be refunded. The consumer must describe the fault in more detail in the defect notification and give the seller the opportunity to inspect the product. If the fault is not disputed, the company must satisfy the consumer's claim as soon as possible and within eight days at the latest. If there is a dispute about the defect, the undertaking must give the consumer a written reply within the same time limit.
The form for claiming a material defect: Form for claiming a material defect
Complete the form and return it by email [email protected], bring it to the shop in person or contact the retailer.
5. Consumer Policy
6. Refund of the purchase price
The trader shall return the payments received to the consumer within 14 days by the same means of payment as used by the consumer, unless the consumer has expressly requested the use of another means of payment and unless the consumer bears no costs as a result.
7. When goods are out of stock
It happens that a consumer places an order online, the seller confirms it, and later informs the consumer that the goods ordered are out of stock; the goods have already been paid for. The company must fulfil its obligations within 14 days of the conclusion of the contract, unless the parties agree otherwise. If the goods are not available and the seller is therefore unable to fulfil his obligation, he must inform the consumer immediately and refund any payments made. The money must be refunded as soon as possible and at the latest within 14 days of receipt of the withdrawal notice.
Source: Consumer Protection Act (ZVPot-1)
Celje, 11.2.2018
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