Consumer complaints – new legislation
The procedure before the National Assembly of the Republic of Serbia there is a proposal of a new law on consumer protection. Although the law is proposed as the new, most of the provisions of the new law is identical to the provisions of applicable law. In this sense, a “new” law more presents amendments to the existing law, but an entirely new legal text that, however, does not mean that the changes proposed are not significant.
In order to make the contents of the new law and a better understanding of new rights and obligations for traders and consumers on our site will publish several thematic articles. The first one that we deal with, which is the topic of this article, is the issue of complaints and that all obligations of traders in connection with complaints and in which the proceedings are entitled to consumer complaints.
Galvana newspapers operator with regard to the proposed code refers to the introduction of the obligation dealer to receive the declared claim. Bearing in mind that in the future the complaint handling dealer will be required at this point we will take the opportunity to describe the entire process related to the complaint, not just those changes brought by the new law. In this way, traders and consumers will be able to one place to find all the necessary information in order to obtain from the complaint procedure.
For what reasons may be lodged complaints?
Consumer complaints may be lodged to the seller in case of non-conformity of goods sold or services provided and in the event that sold or manufactured goods does not match the promise of warranty date. As for the incorrectly calculated the price or other defects.
Previous commitments dealer regarding the right of consumers to complain:
Regardless of whether it is running a specific procedure for complaints sellers have certain obligations but on the basis of the law.
First, the seller must at every point of sale in conspicuous notice on the method and place of receipt of complaints and to ensure the presence of persons authorized to receive complaints.
Our recommendation is that the seller of this notice or highlighted at the entrance to the building or at the checkout.
When it comes to a person authorized for receiving complaints, we recommend that all employees authorized dealers or traders cashing to receive the complaint. This power can be provided in various broached: the employment contract or an annex to the employment contract, employment rules, systematization of jobs. If you have not done so far, the authorization may be granted to authorized person (director or entrepreneur), the decision to appoint employees competent to receive complaints.
Furthermore, each vendor is obliged to keep records of complaints received and the records kept for at least two years. The received complaints shall be conducted in the form of bound books or in electronic form.
The records of complaints entered the following data:
1) name of the applicant and the date of receipt of the complaint,
2) information about the goods,
3) a brief description of the nonconformity
4) a brief indication of the request from the claims,
5) the date of issue of the certificate of receipt of the complaint,
6) the date of the decision and the answer to the consumer,
7) the date of delivery of this decision,
8) the agreed deadline for the resolution to which the consumer agreed,
9) the manner and date of the resolution of complaints,
10) information on extending the deadline for resolving complaints.
How is lodged complaints?
The bill allows the consumer to claim a statement orally at the point of sale where the goods were purchased or at another place specified for receipt of complaints, by telephone, in writing or by electronic means to the delivery of account for inspection or other proof of purchase (copy of invoice slip etc.)
Seller treatment after receiving the complaint:
The first thing the seller needs to do is to introduce a complaint received in the records of complaints and that her assigned number according to the records.
Immediately, therefore, without delay, the seller is liable to the consumer a written confirmation or electronic confirmation of receipt of complaints and the number under which it is registered in the records.
After that, the seller starts to run within 8 days in which must respond to the complaint lodged.
Seller answer to the complaint:
The answer must be given in writing or electronically.
Answer seller must include the decision whether to accept the complaint, if the explanation does not accept the complaint, plea request of the consumer on how to resolve a concrete proposal for what date and how to resolve the complaint if it is accepted.
What if the seller accepts a complaint?
If the seller accepts the complaint, the decision on acceptance in written or electronic form delivered to the consumer. The decision to accept the seller is obliged to submit in any way and the deadline to correct the identified deficiency. Whereby the deadline to correct the lack of it can not be longer than 15 days or 30 days when it asked technical goods or furniture.
If the consumer accepts the seller’s proposal, the seller is obliged to act in the manner proposed in the deadlines proposed in the decision on the complaint.
Although the law does not provide for a special obligation in this regard, due to the seller’s legal security to be able to meet the consumer in writing to confirm the complaint in writing that the complaint is successfully resolved. It can be one word with the signature of the consumer and date. For example. “Solved, 10.10.2021. Petar Petrovic”.
What if the seller does not accept the complaint?
If the seller does not accept his decision written or electronically submitted to the consumer, with the fact that the decision should contain a short reasoning why the complaint is not accepted.
It is especially important that consumer in this decision in a clear and unambiguous way to inform that it has the opportunity to start resolving the dispute to the outside as well as the bodies can be contacted to initiate that dispute.
Is there a simpler way to solve the complaint?
In short, yes.
If the consumer orally declared the complaint (which is most often happening) and immediately resolves the complaint in agreement with the consumer, so that both sides are satisfied with the seller, but the seller after all such complaints with the date when it was declared and when it is solved, they should enroll in the records.