COMPLAINTS

NOTICE ON THE METHOD AND PLACE OF RECEIVING COMPLAINTS

We inform Consumers that complaints about goods purchased via www.stopa.rs can be submitted by filling out the online form or at the STOPA Galerija SC retail store with any employee during the store's working hours.

The start of the period for received complaints is calculated from the date of receipt of the completed online form or from the date the complained item is delivered to the Seller at the retail store.

The Seller is liable for non-conformity of the sold goods for 2 (two) years from the date of sale.
When making a complaint about purchased goods, the Consumer is required to provide the complained goods as well as proof of payment (a copy of the receipt, slip, etc.), and fill out the online form.
The Consumer must provide the following information: full name, address, phone number, and email address, so that the Seller can inform them about the decision on resolving the complaint.

The confirmation of receipt of the complaint will be given to the Consumer after the complained goods are received.
The Seller will send the Consumer a written response within 8 days from the date of receipt of the complaint.
Based on the Law on Consumer Protection (“Official Gazette RS”, no. 88/2021 - hereinafter: the Law), the Seller informs Consumers about the possibility of out-of-court settlement of consumer disputes. The procedure for out-of-court settlement of consumer disputes can be initiated by the Consumer before the competent body for out-of-court settlement of consumer disputes, only if a complaint or objection has previously been submitted to the trader and in the event that the trader rejects the consumer's complaint or objection.
The trader is obliged to participate in the out-of-court settlement procedure before the competent body. The list of bodies for out-of-court settlement of consumer disputes is maintained by the competent Ministry and is available at the following link: https://vansudsko.mtt.gov.rs/adrbodies. Out-of-court dispute resolution is defined by Articles 149-169 of the Law on Consumer Protection.

 

RULEBOOK ON THE PROCEDURE AND METHOD OF RESOLVING COMPLAINTS

Article 1.

With this Rulebook, the Seller regulates the method, conditions, and procedure for resolving Consumer complaints due to non-conformity of goods ordered via www.stopa.rs and purchased in retail stores, as well as the Seller's authorizations, obligations, and responsibilities regarding the exercise of the Consumer's right to complain.

Law on Consumer Protection, hereinafter: the Law.

Article 2.

A Consumer is a natural person who, through the Web Shop or in a retail store, purchases goods for purposes not intended for their business or commercial activity, to satisfy personal needs or the needs of their household.
The Seller is a legal or natural person who operates in the market within their business activity and who, via their e-store (Web Shop) and in retail stores, offers goods to consumers.
It is presumed that the delivered goods conform to the contract:
1. if they correspond to the description given by the seller and have the properties of the goods shown by the seller to the consumer as a sample or model;
2. if they have the properties necessary for the particular use for which the consumer acquires them, which was known to the seller or should have been known at the time of the contract conclusion;
3. if they have the properties necessary for the regular use of goods of the same kind;
4. if in quality and functioning they correspond to what is customary for goods of the same kind and what the consumer can reasonably expect given the nature of the goods and public promises about special properties of the goods made by the seller, manufacturer or their representatives, especially if the promise was made by advertisement or on packaging of goods.

A complaint, in the sense of this rulebook, is considered to be the existence of non-conformity with the properties of the goods stated in the accompanying declaration, which the Consumer has noticed and informed the Seller about by filling out the complaint form and attaching the claimed item and proof of payment (copy of the invoice, slip, etc.).

CONDITIONS FOR FILING A COMPLAINT AND PROCEDURE

Article 3.

The Consumer has the right to file a complaint to the Seller due to an incorrectly calculated price, as well as due to non-conformity of the goods with the contract.

The Consumer has the right, in the request for rectification of non-conformity of the goods with the contract, to request the following: replacement of the goods for other goods, termination of the contract and refund with the return of the purchased goods to the Seller, price reduction, or repair.

The Consumer is obliged to use the purchased item in accordance with the instructions from the declaration that the Seller provides to the Consumer at the time of purchase. The declaration is displayed on the packaging of the item. The declaration given by the Seller to the Consumer, in addition to other mandatory elements, contains the type, purpose, and method of maintenance of the item, as well as the composition of the upper, lining, and sole of the item. The Seller will not comply with the request for rectification of non-conformity submitted by the Consumer if it is determined that the non-conformity on the purchased item occurred due to use contrary to the instructions provided by the Seller in the declaration.

If non-conformity on the purchased goods appears within the first 6 (six) months from the date of purchase or transfer of risk to the Consumer, the Consumer has the right to choose between requesting rectification of the non-conformity by replacement, appropriate price reduction, termination of the contract with return of the purchased goods. Within the stated period, non-conformity of the goods with the contract can be rectified by repair, but only with the explicit consent of the Consumer.
If the non-conformity of the goods with the contract appears after 6 (six) months from the date of purchase or transfer of risk to the Consumer, the Consumer has the right to choose between requesting rectification of the non-conformity by replacement, appropriate price reduction, termination of the contract with return of the purchased goods, or repair.
 
The Consumer cannot terminate the contract if the non-conformity of the goods is minor.
The Consumer has the right to file a complaint regarding the non-conformity of the goods with the contract for the purchased product within 2 (two) years from the date of purchase.
Upon expiration of the period from the previous paragraph, the Consumer loses the right to file a complaint.
For claimed items purchased through the Web shop, the date of receipt of the complaint will be considered the date the claimed item arrives at the Seller's headquarters address.
The Seller is obliged to respond to the Consumer regarding the filed complaint within 8 (eight) days from the date of receipt of the complaint, by mail or electronically.
The Seller is obliged to resolve the complaint within 15 (fifteen) days from the date of receipt of the complaint.
If the Seller is objectively unable to fulfill the Consumer's request within the agreed period, he is obliged to inform the consumer about the extension of the period for resolving the complaint and state the period in which it will be resolved, as well as obtain the consumer's consent, which must be recorded in the register of received complaints. The extension of the period for resolving complaints is possible only once.
The Seller's response to the Consumer's complaint must contain a decision on whether the complaint is accepted, an explanation if the complaint is not accepted, a statement regarding the consumer's request on the manner of resolution, and a concrete proposal on the time frame and method of resolving the complaint if accepted.
The Seller is obliged to act in accordance with the decision and proposal for resolving the complaint if prior consent of the consumer has been obtained. 
Based on Article 55, paragraph 12 of the Law, if the Seller rejects the complaint, he is obliged to inform the Consumer about the possibility of out-of-court dispute resolution and about the competent bodies for out-of-court consumer dispute resolution.

Article 4.

If the Seller places goods on the market with a defect, at a reduced price, is obliged to separate that product from other goods and to warn Consumers about the existing defects.
On the products from paragraph 1 of this article, the Seller is obliged to display a clear and visible notice about the defects on the products, the reduced price, and a warning that they are not responsible for the listed defects.

Article 5.

Submitting a complaint request for items purchased through the Web Shop begins by filling out the complaint form.
Submitting a complaint request for items purchased in a retail store is done by delivering the complained item and proof of payment (a copy of the receipt, slip, etc.) to our retail store.

Article 6.

When submitting a complaint request, the Consumer is obliged to:
- deliver the complained footwear together with the fiscal receipt or other proof of purchase;

The Seller keeps a record book of received complaints containing the following information: information about the Complainant, the date of receipt of the Complaint, information about the goods, a brief description of the nonconformity, the request from the Complaint, the date of issuing the acknowledgment of receipt of the Complaint, information about the decision on the response to the Consumer, as well as the date of delivery of the decision to the Consumer.
The Seller keeps the record of received complaints for at least 2 (two) years from the date of submission of the Consumer's complaint.
When processing consumers' personal data, the Seller acts in accordance with the regulations governing personal data protection.
If the Consumer, in the acknowledgment of receipt of the complaint, provides incorrect information about the address or phone number or refuses to accept the shipment, and as a result, the Seller is unable to notify them about the response to the complaint or is unable to complete the complaint procedure within the legal deadline, the Seller shall not be considered responsible for exceeding the deadline.
After the complaint procedure is completed, if the Consumer, for any reason, refuses to accept delivery of the complained item, the Seller will keep the same item for 30 days from the date when delivery of the complained item to the Consumer was attempted, after which the Seller will dispose of the complained item.

Article 7.

The validity of the complaint request is determined by the competent Committee for resolving complaints (hereinafter: the Committee).
The Committee for resolving complaints is competent for inspecting the complained item and making a decision on the validity of the complaint.
In the event that there is a need for additional verification of the nonconformity of the complained item, the Committee may send the complained item to the laboratory Profi Lab doo Belgrade, all for the purpose of obtaining an expert opinion.
The statements from the expert opinion of the laboratory Profi Lab doo Belgrade are not binding for the Seller when making the final decision on accepting the complaint.

 

Article 8.

Resolving complaints received via the Web Shop

8.1. If the competent committee decides that the complaint is justified and that the Consumer has the right to exchange the purchased item for another, the Consumer will be informed of the Committee's decision in the response to the complaint and the replacement item will be sent to the Consumer's address.
8.2. In the event that the competent committee decides that the complaint is justified and that the Consumer has the right to a refund, the Consumer will be informed in the response to the complaint that the funds will be returned. For Consumers who made the payment by card, the refund will be made to the account from which the Seller received the payment. A Consumer who did not pay by card but wishes to have the funds returned via current account, must provide the current account number when filling out the complaint form. The Seller will, within the legal deadline for resolving complaints, initiate the refund to the Consumer, and the final deadline by which the funds will be returned and available to the Consumer depends solely on the business policy bank or postal operator.
8.3. If the competent commission decides that the complaint is justified and that the Consumer has the right to a reduction in the price of the purchased item, the Consumer will be informed of the amount by which the price is reduced in the response to the complaint, along with the return of the claimed product. For a Consumer who made the payment by payment card, the refund will be made to the account from which the Seller received the payment. A Consumer who did not make the payment by payment card, but wishes to have the funds returned to their current account, must provide the account number when filling out the complaint form. The Seller will, within the legal deadline for resolving complaints, send the funds for return to the Consumer, and the final deadline by which the funds will be returned and available to the Consumer depends solely on the business policy of the bank or postal operator.
8.4. If the competent commission decides that the complaint is justified and that the Consumer has the right to repair of the purchased item, the Consumer will be informed of the commission's decision in the response to the complaint and, with their consent, the repair will be carried out, and after the repair is completed, the footwear will be sent to the Consumer's home address.
8.5. If the competent commission decides that the complaint is unfounded, the response to the complaint along with the claimed item will be sent to the Consumer by express mail, to the address the Consumer provided in the complaint form, with a notice of the reasons for the rejection of the complaint.

Article 9.

Resolution of complaints received at the retail outlet

9.1. If the competent commission decides that the complaint is justified and that the Consumer has the right to exchange the purchased item for another, the Consumer will be informed of the Commission's decision in the response to the complaint. The Consumer will collect the replacement item at the retail outlet where the complaint was submitted.
9.2. In the event that the competent commission decides that the complaint is justified and that the Consumer has the right to a refund, the Consumer will be informed in the response to the complaint that the funds will be returned. The Consumer may receive the refund at the retail outlet where the complaint was submitted or the refund may be made to the Consumer's current account. The Consumer provides the current account number by email to the address: admin@stopa.rs The Seller will, within the legal deadline for resolving complaints, send the funds for return, and the final deadline by which the funds will be returned and available to the Consumer depends solely on the business policy of the bank.
9.3. If the competent commission decides that the complaint is justified and that the Consumer has the right to a reduction in the price of the purchased item, the Consumer will be informed of the amount by which the price of the purchased item is reduced in the response to the complaint and invited to collect the refunded funds and the claimed product at the retail outlet. The Consumer may receive the funds at the retail outlet where the complaint was submitted or the refund may be made to the Consumer's current account.
9.4. If the competent commission decides that the complaint is justified and that the Consumer has the right to repair of the purchased item, the Consumer will be informed of the commission's decision and, with their consent, the repair will be carried out within the legal deadline. After the repair is completed, the Consumer will be invited to the retail outlet to collect the claimed item.
9.5. If the competent commission decides that the complaint is unfounded, the response to the complaint along with the claimed item will be sent to the Consumer by express mail, to the address the Consumer provided in the complaint form, with a notice of the reasons for the rejection of the complaint

OBLIGATIONS AND RESPONSIBILITIES OF THE SELLER

Article 10.

In the Seller's retail outlets, all employees in the retail outlet are responsible for the application of these rules, and for the application of these Rules when purchasing on www.stopa.rs all employees of the Seller are responsible.

Based on Article 151, paragraph 3, and Article 12, paragraph 1, item 9) of the Law, the Seller informs Consumers about the possibility of out-of-court settlement of consumer disputes. The procedure for out-of-court settlement of consumer disputes can be initiated by the Consumer, before the competent body for out-of-court settlement of consumer disputes, only if they have previously filed a complaint or objection to the trader, in case the trader rejects the complaint or objection of the consumer.
The trader is obliged to participate in the procedure of out-of-court settlement of consumer disputes before the competent body. The list of bodies for out-of-court settlement of consumer disputes is kept by the competent Ministry and is available at the following link: https://vansudsko.mtt.gov.rs/adrbodies. Out-of-court dispute resolution is defined by Articles 149-169 of the Law, which, according to Article 169 of the Law, apply six (6) months after the Law comes into force, i.e., from 20.03.2022. The Seller is obliged to visibly and clearly display at the point of sale a notice about the legal obligation to participate in the procedure of out-of-court settlement of consumer disputes.

Article 11.

Charging any fee in the process of submitting and resolving a complaint procedure is prohibited.

Article 12.

Persons employed in the retail facility are obliged to treat Consumers with appropriate respect and courtesy.
In every retail facility of the seller, Consumers can write their observations, proposals, and suggestions in the Book of Impressions, which is displayed in a visible place.
Persons employed by the Seller and the Complaints Service, during written and verbal communication with Consumers, are obliged to treat them with appropriate respect and courtesy.