BinBee > Return of goods and complaints

Return of goods and complaints

1. The right to withdraw from the contract

In the case of contracts concluded at a distance, the consumer has the right (according to ZVOP-2) to inform the company within 14 days that he withdraws from the contract without having to state the reason for his decision. A message is considered timely if it is sent within the deadline. The cost charged to the consumer in connection with withdrawal from the contract is only the cost of returning the goods. If the consumer withdraws from the contract, the Merchant will return all payments made to him no later than 14 days after receiving the notice of withdrawal from the contract.

When does the deadline for withdrawing from the contract start?

If the company has fully fulfilled the obligation from Article 43c of the Consumer Protection Act, the deadline for withdrawing from the contract for the supply of goods starts from the day the consumer accepted the goods.

Obligations of the seller in case of withdrawal from the contract

If, in the case of withdrawal from the contract, the goods were not exchanged at the buyer’s request, the merchant will return the entire purchase price within 14 days of receiving the notice of withdrawal from the contract. The merchant returns the received payments to the buyer with the same means of payment that the buyer used, unless the buyer explicitly requested the use of another payment method and the buyer does not bear any costs as a result.

2. Return of goods, purchase price

The buyer must return the item to the seller undamaged and in the same quantity, unless the item is destroyed, damaged, lost or its quantity has decreased through no fault of the buyer. The buyer is responsible for a reduction in the value of the goods, if the reduction is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.

Send the returned goods to the address: E-CER d.o.o., Hrastovec 47, 3320 Velenje, Slovenia

The buyer must return the goods, with which he is not satisfied for any reason, to the seller within 14 days after sending the notice of termination of the contract. It is important that the goods must be undamaged for a full refund. The buyer cannot and must not use the received goods unimpeded during the period until withdrawal from the contract.

The buyer may therefore only inspect and test the received goods to the extent that is absolutely necessary to determine the actual condition and as is usually the case in stores. Any “testing” and other use that deviates from the above can be considered as use of the goods, which means that the buyer is responsible for the reduction in the value of the goods, if the reduction is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.

The return must be accompanied by a copy of the invoice and all other supporting documents. The buyer bears the burden of the risk of loss, damage or destruction of the product he wishes to return, unless this has occurred through no fault of his. The only cost charged to the buyer in connection with withdrawal from the contract is the cost incurred when returning the item of purchase.

4. Assertion of factual error

However, the buyer can claim a claim based on a material defect for each purchased product (which means that the buyer can exercise rights due to a material defect due to a defect on the product for which no warranty was given, and he can also make the same decision if he does not want to to claim guarantees for the product for which the guarantee was given).

In the case of a material defect, the consumer can report a defect in the product to the seller, namely within two months from the discovery of the material defect (the seller is no longer responsible for defects that appear on the product after two years from acceptance), and at his own choice request a remedy defects or a refund of the amount paid in proportion to the defect or replacement of the goods or a refund of the amount paid. The buyer must describe the defect in more detail in the defect notification and allow the trader to inspect the product. If the error is not disputed, the merchant must comply with the buyer’s claim as soon as possible, but no later than within eight days. If there is a dispute about the error, the company must give the consumer a written answer within the same period.

5. When the goods are out of stock

It happens that the buyer places an order online, the merchant confirms it, and later reports that the ordered goods are not in stock; the goods have already been paid for. The trader must fulfill his obligations within 14 days from the conclusion of the contract, unless the parties agree otherwise. If the goods are not available and the trader is therefore unable to fulfill his obligation, he must immediately notify the buyer and return all payments made. The money must be returned as soon as possible, but no later than 14 days after receiving the notice of withdrawal from the contract.