Distance Sales Agreement

A BOTANICAL PHILOSOPHY d.o.o. Beograd, Stanoja Glavaša 26/43, registration number 21646920, whose legal representative is Ela Knežević, director, email: [email protected] (hereinafter: the Seller), in accordance with the provisions of Articles 12 and 26 of the Consumer Protection Law, delivers to the Buyer the following:

NOTICE ON THE CONCLUSION OF A DISTANCE CONTRACT

In the case of a distance sales contract, the Seller informs the Buyer of the following:

       Name           

Characteristics

Measurement unit

Quantity

Price

including VAT

VAT

Amount including VAT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• business name, registration number, seat address and phone number

A BOTANICAL PHILOSOPHY d.o.o. Beograd, Stanoja Glavaša 26/43, registration number 21646920, whose legal representative is Ela Knežević, director, email: [email protected], tel. +381 65 93-93-922.

• transportation and shipping costs borne by the Buyer

Transportation and shipping costs are borne by the Buyer.

• method of payment, method and term of delivery, method of performance of other contractual obligations

Payment is made by money order or payment card; the delivery period is 30 days, in case of extension of the period, the Buyer will be informed.

• the existence of legal liability due to non-conformity of goods or services with the contract
• the way of filing the complaint to the trader, especially about the place of receipt and the way the trader acts upon it, as well as the conditions related to the exercise of consumer rights based on conformity

The Buyer can file a complaint in case of non-conformity of the goods, by filling in the form that was delivered to it. The form can be delivered to the Seller by sending an e-mail to: [email protected].
The buyer can file a complaint with the seller due to non-conformity, as well as due to incorrectly calculated prices and other defects.
The seller is obliged to receive the submitted complaint.
The buyer can file a complaint electronically by submitting an invoice for inspection or other proof of purchase.
The seller is obliged to issue a written confirmation to the buyer without delay or to confirm the receipt of the complaint electronically, i.e. state the number under which his complaint was filed in the record of received complaints.
The seller is obliged to respond to the buyer’s complaint in writing or electronically without delay, no later than eight days from the day of receipt of the complaint.
The seller is obliged to act in accordance with the decision and proposal for resolving the complaint, if it received the prior consent of the buyer. The buyer is obliged to respond to the seller’s response no later than three days after receiving the seller’s response. If the buyer does not make a statement within the prescribed period, it will be considered that it does not agree with the seller’s proposal.
If, for objective reasons, the seller is not able to meet the buyer’s requirements within the prescribed period, the seller is obliged to inform the buyer about the extension of the deadline for resolving the complaint and specify the deadline by which it will be resolved, as well as to obtain the buyer’s consent.
If the seller rejects the complaint, it is obliged to inform the buyer about the possibility of settling the dispute out of court and about the competent bodies in charge of the out-of-court settlement of consumer disputes.

• the address where it operates, if it does not operate at the address of its seat or residence, and the address, fax number and e-mail address of the trader on whose behalf it acts, to which the consumer can file a complaint:

e-mail: [email protected]

• conditions, term and procedure for exercising the right to withdraw from the contract
• the obligation to pay reasonable costs to the trader, if the consumer exercises the right to withdraw from the contract
• the fact that the consumer cannot exercise the right of withdrawal or the circumstances under which the consumer loses the right to withdraw from the contract
• duty of the consumer to bear the costs of returning the goods in case of withdrawal from the contract

The Buyer has the right to withdraw from the distance sales or off-premises contract within 14 days, without stating the reasons and without bearing additional costs, except for the costs of directly returning the goods in terms of courier service costs (hereinafter: withdrawal from the contract).
The Buyer exercises the right to withdraw from the contract by making a statement on the prescribed form for withdrawal from the distance sales or off-premises contract or in another unambiguous way (hereinafter: declaration of withdrawal).
The declaration of withdrawal from the distance sales or off-premises contract is considered timely if it is sent to the Seller within 14 days.
The declaration of withdrawal from the contract takes legal effect from the day it is sent to the Seller.
The Buyer can electronically fill out and send the withdrawal form, and the Seller is obliged to notify it in writing without delay of the receipt of the form, by sending an e-mail.
The Buyer’s right to withdraw from the contract ends after the mentioned deadlines.
The 14-day period for withdrawing from the contract is calculated from the day when the goods come into the possession of the Buyer or a third party designated by the Buyer that is not the carrier.
When the Buyer orders several types of goods that are delivered separately within one purchase order, the 14-day period for withdrawing from the contract begins to run from the day when the last type of ordered goods comes into the possession of the Buyer or a third party designated by the consumer that is not the carrier.
When the delivery of the goods consists of several shipments and parts, the 14-day period for withdrawing from the contract begins to run from the day when the last shipment or part came into the possession of the Buyer or a third party designated by the Buyer that is not the carrier.

If the Buyer exercises the right to withdraw from the contract, it is considered that the contract has not even been concluded.
The Seller is obliged to return the payments he received from the Buyer without delay, including the delivery costs, no later than within 14 days from the day he/she received the Withdrawal form.

The Seller makes the refund using the same means of payment that the Buyer used in the original transaction, unless the Buyer has expressly agreed to the use of another means of payment and provided that the customer does not bear any costs due to such a refund.
The Seller is not obliged to refund additional costs resulted from the Buyer’s express request for delivery that differs from the cheapest usual delivery offered by the Seller.
The Seller will delay the refund until it receives the goods to be returned, or until the Buyer submits the proof that it has shipped the goods, whichever comes first.

The Buyer is obliged to return the goods to the Seller or to a person authorized by the Seller without delay, no later than 14 days from the day the he/she sent the Withdrawal form.
The goods will be deemed returned within the deadline if the Buyer sent the goods before the expiry of the 14-day period.
The Buyer bears the direct costs of returning the goods.
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, that is, that goes beyond what is necessary to establish the nature, characteristics and functionality of the goods.

The buyer has no right to withdraw from the contract in the event of:
• delivery of goods manufactured according to the special requirements of the consumer or clearly personalized;
• delivery of goods that are subject to deterioration in quality or have a short shelf life;
• delivery of sealed goods that cannot be returned for health protection or hygiene reasons and that were unsealed after delivery;
• delivery of goods which, after delivery, due to their nature are inseparably mixed with other goods.

• possibility of out-of-court settlement of disputes.

A consumer dispute can be resolved by out-of-court settlement of consumer disputes in accordance with the provisions of the Consumer Protection Law.

SELLER
For A BOTANICAL PHILOSOPHY d.o.o. Beograd