Refund policy
RETURNS AND COMPLAINTS POLICY
PROJEKT I.M.2000 d.o.o. Beograd Bulevar vojvode Bojovića 12, 11000 Belgrade, Republic of Serbia Company registration number: 22081039 · Tax identification number (PIB): 114860083 E-mail: webshop@kavehome.rs · Telephone: +381 11 7650 375; +381 60 555 85 64 Online store: kavehome.rs
Version 2.1 · In force as of 14 August 2026
Language of the Policy. This document is an English translation provided for the convenience of the Buyer. The authoritative version of this Policy is the Serbian-language version published at kavehome.rs. In the event of any discrepancy between the two versions, the Serbian version shall prevail. This does not limit any statutory right of the Consumer.
I INTRODUCTORY PROVISIONS
Article 1 — Subject matter
This Policy governs the conditions, time limits and procedure for the exercise of the Consumer’s right of withdrawal from a distance contract or a contract concluded away from business premises, as well as the conditions, time limits and procedure for submitting and resolving complaints based on the lack of conformity of goods sold by the company PROJEKT I.M.2000 d.o.o. Beograd (hereinafter: the Seller).
This Policy applies to the sale of goods carried out through the online store kavehome.rs, in the Seller’s retail outlets, and on the basis of individual offers prepared by the Seller at the Buyer’s request.
Withdrawal from a contract and a complaint are two legally distinct institutes. Withdrawal applies where the goods delivered conform to the contract and the Consumer has exercised the statutory right to withdraw without giving a reason. A complaint is submitted where the goods delivered do not conform to the contract.
Article 2 — Applicable law
Matters not governed by this Policy are subject to the provisions of the Consumer Protection Act, the Law on Contract and Torts, the Trade Act and the Electronic Commerce Act of the Republic of Serbia.
The provisions of this Policy shall be interpreted in accordance with the mandatory regulations of the Republic of Serbia. No provision of this Policy may be interpreted so as to exclude or diminish the statutory rights of the Consumer. In the event of any inconsistency between a provision of this Policy and a mandatory regulation, the regulation shall apply.
Article 3 — Definitions
For the purposes of this Policy:
1. Consumer means a natural person who acquires goods for purposes outside their business or other commercial activity;
2. Buyer means any person concluding a contract of sale with the Seller, including legal entities and entrepreneurs;
3. Distance contract means a contract concluded without the simultaneous physical presence of the Seller and the Consumer, through the use of means of distance communication;
4. Contract concluded away from business premises means a contract concluded with the simultaneous physical presence of the parties at a place which is not the Seller’s business premises, as well as a contract for which negotiations were conducted at such a place;
5. Business premises means the retail outlets in which the Seller permanently carries out its activity;
6. Customised goods means goods manufactured to the Consumer’s special requirements or clearly personalised to their specification, within the meaning of Article 14 of this Policy;
7. Lack of conformity means a deviation of the goods delivered from the agreed or objectively expected characteristics.
II RIGHT OF WITHDRAWAL FROM THE CONTRACT
Article 4 — Holder and scope of the right
A Consumer who has concluded a distance contract or a contract away from the Seller’s business premises has the right, within the period set out in Article 5 of this Policy, to withdraw from the contract without giving a reason and without any obligation to pay compensation, except for the costs set out in Article 7 of this Policy.
The right of withdrawal does not belong to a Buyer who does not have the status of a Consumer, nor does it exist in the cases set out in Articles 11, 16 and 20 of this Policy.
Article 5 — Withdrawal period
The withdrawal period is 14 days and runs from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, receives the goods, that is, takes possession of them.
By way of exception to paragraph 1 of this Article, the period runs:
1. for goods ordered in a single order in several types delivered separately — from the day of receipt of the last type of goods;
2. for goods delivered in several consignments or parts — from the day of receipt of the last consignment or part.
The time the goods spend in transport to the Seller, as well as the time they are stored at the Seller prior to delivery, is not counted towards the period set out in this Article.
A withdrawal declaration is deemed timely if it is sent to the Seller before the expiry of the period set out in this Article.
Article 6 — Withdrawal declaration
The Consumer exercises the right of withdrawal by submitting a completed Withdrawal Form to the e-mail address webshop@kavehome.rs or to the Seller’s business address.
The form may also be submitted as a scanned or photographed document, provided that the data contained in it are legible. The Consumer may also communicate the withdrawal by any other unequivocal statement.
The Seller shall confirm receipt of the withdrawal declaration without delay.
Article 7 — Return of goods and return costs
The Consumer shall return the goods without delay and no later than 14 days from the day on which the withdrawal declaration was sent, to the Seller’s address stated in the heading of this Policy.
The direct costs of returning the goods shall be borne by the Consumer.
Goods which can be dispatched by ordinary means shall be returned by the Consumer through a carrier of their own choice, bearing the cost according to that carrier’s price list.
For goods which, by their nature, cannot be returned by ordinary post, the return cost is determined according to the actual transport costs and depends on the dimensions and weight of the goods as well as on the distance of the collection address, and for that reason a single amount cannot be determined in advance. At the Consumer’s request, the Seller shall arrange collection of the goods against payment of the actual transport costs. The Seller shall provide the Consumer with an estimate of the transport cost before collection; collection is arranged upon receipt of the Consumer’s confirmation accepting that estimate.
The goods shall be returned in the condition in which they were received, together with the accompanying equipment, parts and documentation. The absence of the original packaging shall not constitute grounds for refusing the withdrawal.
Article 8 — Refund
The Seller shall refund the amount paid by the Consumer without delay and no later than 14 days from the day of receipt of the withdrawal declaration.
The refund covers the price of the goods and the delivery costs in the amount of the least expensive standard method of delivery offered by the Seller. Where the Consumer has chosen a more expensive method of delivery, the difference in relation to the least expensive standard method shall not be refunded.
The refund shall be made using the same means of payment used by the Consumer, unless the Consumer expressly agrees to a different means of payment and provided that the Consumer incurs no costs as a result. Where payment was made by payment card, the refund shall be made to the same payment card, in accordance with the rules of the card scheme and the procedures of the payment service provider.
The Seller may withhold the refund until receipt of the returned goods or until the Consumer provides evidence of having dispatched them, whichever occurs first.
Article 9 — Liability for diminished value of the goods
The Consumer is entitled to inspect and test the goods to the extent necessary to establish their nature, characteristics and functioning, that is, to the extent customary when inspecting goods in a retail outlet.
Handling exceeding the extent set out in paragraph 1 of this Article includes in particular: assembly of goods delivered in a disassembled state and their use after assembly, use of the goods in a household, traces of use, stains, scratches, drilling or adaptation of the goods, as well as removal or damage to the manufacturer’s markings and declarations.
The Consumer is liable for the diminished value of the goods resulting from the handling set out in paragraph 2 of this Article. Diminished value also includes the circumstance that, as a result of the manner in which the goods were handled, they can no longer be offered for sale as new.
When determining the amount of the reduction, the Seller shall take into account in particular: whether the goods were assembled and used, the extent and visibility of traces of use, the completeness of the goods and their parts, the presence and condition of the original packaging and protective materials, the existence of the manufacturer’s markings and declarations, and the difference between the selling price of the goods and the price at which the goods, in their current condition, can realistically be offered for sale.
The goods shall be returned in their original packaging where possible. The absence of or damage to the original packaging shall not constitute grounds for refusing the withdrawal, but shall be taken into account when determining the diminished value of the goods, given that the packaging provides protection for the goods in transport and enables their further sale.
The Seller shall reduce the refund in proportion to the diminished value established. Before paying the refund, the Seller shall provide the Consumer with a written explanation accompanied by photographs and a statement of the circumstances set out in paragraph 4 of this Article on the basis of which the reduction was determined. The Consumer has the right to comment on the reduction determined.
The Seller shall not withhold an amount exceeding the diminished value of the goods established.
III MANNER OF CONCLUSION OF THE CONTRACT AND ITS EFFECT ON THE RIGHT OF WITHDRAWAL
Article 10 — Distance contract
Contracts concluded through the online store kavehome.rs, by telephone or by e-mail are subject to Articles 4 to 9 of this Policy, subject to the exceptions set out in Articles 16 and 20.
Article 11 — Contract concluded on business premises
Where the Buyer selected, agreed and paid for the goods in the Seller’s retail outlet, with the simultaneous physical presence of the parties, the right of withdrawal under Article 4 of this Policy does not apply.
Paragraph 1 of this Article does not affect the Buyer’s rights arising from a lack of conformity of the goods, which are exercised through the complaints procedure governed by Chapter VII of this Policy.
Article 12 — Contract concluded away from business premises
Where a contract is concluded away from the Seller’s business premises, including conclusion at the Buyer’s address during a visit by an authorised representative of the Seller for the purpose of measuring the space, as well as conclusion at a trade fair or exhibition space, the Consumer enjoys the right of withdrawal under the conditions set out in Articles 4 to 9 of this Policy.
In the case referred to in paragraph 1 of this Article, the Seller shall, no later than at the time of conclusion of the contract, provide the Consumer in written form with:
1. a copy of the signed offer or contract;
2. the Withdrawal Form;
3. information on the right of withdrawal and the conditions for exercising it.
The exceptions set out in Articles 16 and 20 of this Policy also apply to contracts referred to in paragraph 1 of this Article.
Article 13 — Cancellation of an order prior to delivery
The Buyer may request cancellation of an order prior to delivery of the goods. The consequences of cancellation depend on the manner in which the contract was concluded and on the type of goods.
Distance contract or contract concluded away from business premises. The Consumer may withdraw from the contract even before the goods have been delivered, by notifying the Seller in accordance with Article 6 of this Policy. The Seller shall refund the amount paid within the period set out in Article 8 of this Policy. Where, at the time of receipt of the withdrawal declaration, the goods have already been dispatched, the Consumer shall bear the direct costs of returning them in accordance with Article 7 of this Policy, or the costs of the unsuccessful delivery and return of the goods where the Consumer refuses acceptance upon delivery.
Contract concluded on business premises. A Buyer who concluded the contract in a retail outlet has no right of withdrawal, and cancellation of the order therefore constitutes unilateral termination of the contract. In that case the Seller is entitled to compensation for the actual and documented costs incurred up to the day of cancellation, in particular the costs of ordering the goods from the manufacturer, transport, customs procedure, storage and preparation for delivery. Any advance payment or deposit made shall be set off against those costs, and the Seller shall refund the difference to the Buyer.
Goods ordered from the manufacturer at the Buyer’s request. Where goods, although not customised, have been ordered from the manufacturer specifically for the Buyer and do not form part of the Seller’s regular stock, paragraph 3 of this Article applies in respect of the costs already incurred by the day of cancellation.
The Seller shall provide the Buyer, at their request, with a statement of the costs incurred. The Seller shall not withhold an amount exceeding the amount of the costs actually incurred.
The provisions of this Article do not apply to customised goods, to which Article 17 of this Policy applies.
IV CUSTOMISED GOODS AND GOODS MADE TO MEASURE
Article 14 — Definition of customised goods
Customised goods, that is, goods made to measure, means goods manufactured to the Buyer’s special requirements or clearly personalised to their specification, and in particular goods in respect of which the Buyer has determined:
1. the upholstery, fabric or leather from the manufacturer’s range;
2. a colour or finish which does not form part of the standard range for the item;
3. a dimension made to the measurements of the Buyer’s space;
4. the material, configuration or any other characteristic to their own specification.
A standard catalogue item, in a standard colour and dimension, is not considered customised goods.
The characteristics by reason of which the goods are considered customised shall be set out in the specification forming an integral part of the offer or order.
Article 15 — Ordering and the Buyer’s consent
Customised goods may be ordered in the Seller’s retail outlet, on the basis of an individual offer prepared by the Seller at the Buyer’s request, or through the online store where such an option is available for the specific item.
Before confirmation of the order and before payment is made, the Seller shall inform the Buyer that the goods are customised and that no right of withdrawal exists in respect of such goods.
The Buyer confirms receipt of the information referred to in paragraph 2 of this Article:
1. by signing the offer — where the goods are ordered in a retail outlet or on the basis of an individual offer;
2. by ticking the relevant box before confirming the order — where the goods are ordered through the online store.
An order for customised goods shall not be accepted without the confirmation referred to in paragraph 3 of this Article.
Article 16 — Exclusion of the right of withdrawal
No right of withdrawal under Article 4 of this Policy exists in respect of customised goods, irrespective of whether the contract was concluded at a distance, on business premises or away from business premises.
The return of customised goods on the ground of a change of mind, a change of taste or the goods not fitting the space is not possible.
Article 17 — Cancellation of an order for customised goods
Customised goods are manufactured exclusively for the Buyer and, as a rule, cannot be offered to another buyer.
The conditions relating to the advance payment and the consequences of cancellation of the order are set out in the offer signed by the Buyer, or in the terms of order accepted by the Buyer before payment is made.
Where the Buyer cancels the order after it has been confirmed:
1. if manufacture, ordering from the manufacturer or procurement of materials has not commenced — the Seller shall refund the amount paid, less any costs actually incurred;
2. if manufacture, ordering from the manufacturer or procurement of materials has commenced — the Buyer shall bear the actual and documented costs incurred up to the day of cancellation, the amount paid being set off against those costs and the difference refunded by the Seller to the Buyer.
The Seller shall provide the Buyer, at their request, with a statement of the costs incurred. The Seller shall not withhold an amount exceeding the amount of the costs actually incurred.
Where the Buyer fails to collect the manufactured goods within the agreed period, the Seller is entitled to compensation for the actual costs of storing the goods, of which the Buyer shall be informed in advance.
Article 18 — Delivery period for customised goods
Customised goods are manufactured to order, and the delivery period is therefore longer than that for goods held in stock. An indicative delivery period is stated in the offer or in the order.
Where circumstances beyond the Seller’s control arise which affect the period of manufacture or delivery, the Seller shall inform the Buyer without delay and state the new expected period. The Buyer retains the rights available under the law in the event of delay.
Article 19 — Conformity of customised goods
The fact that goods have been manufactured to the Buyer’s specification does not affect the Buyer’s rights in the event of a lack of conformity of the goods.
The Seller’s statutory liability for lack of conformity for a period of two years applies to customised goods in full. Rights arising from a lack of conformity are exercised through the procedure governed by Chapter VII of this Policy.
Customary variations in the shade of fabric, leather or other natural material within the same collection, as well as manufacturing tolerances in dimensions stated in the offer, are consistent with the agreed description of the goods and do not constitute a lack of conformity.
V OTHER CASES OF EXCLUSION OF THE RIGHT OF WITHDRAWAL
Article 20 — Statutory exceptions
No right of withdrawal exists in other cases provided for by law, and in particular in the case of:
1. the supply of goods the price of which depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
2. sealed goods which are not suitable for return for reasons of health protection or hygiene, where they have been unsealed after delivery;
3. goods which, by their nature, become inseparably mixed with other items after delivery;
4. other cases expressly provided for by the law governing consumer protection.
VI SALES TO LEGAL ENTITIES AND ENTREPRENEURS
Article 21 — Status of a Buyer who is not a Consumer
A legal entity or an entrepreneur acquiring goods within the scope of its business or other commercial activity does not have the status of a Consumer. Such contracts are governed by the provisions of the Law on Contract and Torts and by the conditions set out in the Seller’s offer, and not by those provisions of this Policy which relate to Consumers.
The following applies to contracts referred to in paragraph 1 of this Article:
1. Inspection of the goods. The Buyer shall inspect the goods received without delay and shall notify the Seller of any visible defects without delay. The Buyer shall notify the Seller of hidden defects without delay upon their discovery. Failure to observe these time limits results in the loss of rights based on the defect.
2. Period of liability. The Seller shall not be liable for defects which become apparent after six months from delivery of the goods, unless a longer period has been expressly agreed in the offer.
3. Scope of liability. The Seller’s liability for material defects is limited to repair or replacement of the goods. The Seller shall not be liable for loss of profit, indirect damage, or damage arising from interruption of the Buyer’s business. The limitation set out in this point does not apply to defects known to the Seller and not disclosed to the Buyer.
4. Withdrawal. No right of unilateral withdrawal from the contract within 14 days exists.
5. Costs. The costs of returning and transporting the goods in the complaints procedure shall be borne by the Buyer, unless otherwise provided in the offer.
The provisions of this Article do not affect the rights of natural persons acquiring goods outside their business or other commercial activity.
VII LACK OF CONFORMITY AND THE COMPLAINTS PROCEDURE
Article 22 — The Seller’s liability for conformity
The Seller shall be liable for a lack of conformity of the goods with the contract for a period of two years from the day of delivery.
Where a lack of conformity becomes apparent within one year from the day of delivery, it shall be presumed to have existed at the time of delivery, and the burden of proving the contrary lies with the Seller.
Article 23 — Submission of a complaint
A complaint may be submitted:
1. orally at the retail outlet where the goods were purchased;
2. by telephone on the numbers stated in the heading of this Policy;
3. electronically to webshop@kavehome.rs, by submitting a completed Complaint Form;
4. in writing, to the Seller’s business address.
A complaint shall be accompanied by the receipt for inspection or another proof of purchase, such as a copy of the receipt, an invoice, a card payment slip or a bank statement.
A complaint shall be accompanied by photographs in which the defect is clearly visible. It is recommended to provide a photograph of the goods as a whole, a close-up photograph of the location of the defect and a photograph of the item’s label and, in the case of damage occurring in transport, a photograph of the packaging as well. Photographic documentation is necessary in order to initiate proceedings with the manufacturer and expedites resolution of the complaint.
The inability to provide photographs or packaging may not constitute a condition for resolving a complaint or a ground for refusing to remedy a lack of conformity. The Seller does not charge for establishing a lack of conformity.
The Seller shall accept every complaint submitted, shall issue without delay a confirmation of receipt stating the number under which the complaint has been registered, and shall maintain a register of complaints received in accordance with the law.
Article 24 — Period for notification of a lack of conformity
The Consumer shall notify the Seller of any lack of conformity discovered within two months from the day of its discovery, and no later than two years from the day of delivery of the goods.
Article 25 — Time limits for the Seller
The Seller shall act upon a complaint submitted within the following time limits:
|
Action |
Time limit |
|
Issuing the confirmation of receipt, stating the registration number |
without delay |
|
Providing a reply to the complaint, in writing or electronically |
no later than 8 days from receipt |
|
Resolving a complaint relating to furniture and technical goods |
no more than 30 days from submission |
|
Resolving a complaint relating to other goods |
no more than 15 days from submission |
|
The Consumer’s response to the Seller’s proposal |
3 days from receipt of the reply |
The Seller’s reply shall contain the decision on whether the complaint is accepted, a statement of reasons where it is not accepted, a response to the Consumer’s request and a specific proposal as to the period and manner of resolution.
The period for resolving the complaint is suspended on the day the Consumer receives the Seller’s reply and resumes on the day the Seller receives the Consumer’s response. Where the Consumer does not respond within the period set out in paragraph 1 of this Article, the Consumer shall be deemed not to agree with the Seller’s proposal.
Article 26 — Extension of the period for resolution
Where the Seller is unable, for objective reasons, to meet the Consumer’s request within the prescribed period, in particular where replacement goods are ordered from a manufacturer abroad, where the goods are not held in the manufacturer’s stock, or on account of the duration of customs procedures, the Seller shall inform the Consumer of the extension before the expiry of the period, stating the new period and obtaining the Consumer’s consent.
The period may be extended once only, and the extension shall be recorded in the register of complaints received.
Article 27 — Remedies for a lack of conformity
Within 30 days from the day of delivery, the Consumer may freely choose between replacement of the goods, a reduction in price and termination of the contract.
After the expiry of the period set out in paragraph 1 of this Article, a lack of conformity is remedied by repair or replacement of the goods, and a price reduction or termination of the contract may be requested where remedy by repair or replacement is not possible or where the lack of conformity has not been remedied.
Where the lack of conformity is minor, the Consumer has no right to terminate the contract. A lack of conformity is considered minor where it does not affect the functionality and ordinary use of the goods, such as a minor aesthetic defect on a concealed part of the item. In such a case the Consumer retains the right to have the lack of conformity remedied by repair or replacement, or to a proportionate reduction in price. The burden of proving that the lack of conformity is minor lies with the Seller.
After the expiry of the period set out in paragraph 1 of this Article, the Seller may refuse the remedy requested by the Consumer where it is impossible or would impose a disproportionate burden, and may offer another appropriate remedy. Disproportionality is assessed by reference to the value the goods would have had if they had conformed to the contract, the significance of the lack of conformity in the particular case, and whether the lack of conformity can be remedied by another means without significant inconvenience to the Consumer. The reasons shall be provided to the Consumer in writing.
The costs incurred in exercising rights arising from a lack of conformity shall be borne by the Seller.
Article 28 — Return and redelivery of the goods
Goods which are the subject of a complaint shall be returned to the Seller for the purpose of establishing the defect. A complaint cannot be resolved without inspection of the goods.
The manner of return and redelivery corresponds to the manner in which the goods were originally delivered, namely:
1. goods collected at a retail outlet shall be returned by the Buyer to that outlet, where the Buyer shall also collect the item once the complaint has been resolved;
2. goods delivered to the Buyer’s address shall be collected by the Seller from that address and returned to the same address.
The costs of collection and redelivery shall be borne by the Seller, irrespective of the outcome of the complaint.
Where the manner set out in paragraph 2 of this Article does not suit the Buyer, or where the Buyer is unable to transport the goods themselves, the manner of return shall be agreed between the parties.
Acceptance and registration of a complaint do not depend on the manner in which the goods are to be returned.
The Buyer shall collect the goods, upon completion of the complaints procedure, within the period notified by the Seller. Where the Buyer fails to do so, the Seller is entitled to compensation for the actual costs of further storage, of which the Buyer shall be informed in advance.
Article 29 — Unsuccessful delivery or collection
The date of delivery or collection of goods which are the subject of a complaint shall be agreed with the Buyer in advance.
Where the Buyer is not present at the agreed address at the agreed time, or refuses acceptance of the goods without justified cause, the Seller is entitled to compensation for the actual and documented costs of the unsuccessful delivery, as well as for the costs of further storage of the goods.
Redelivery shall be arranged for a new date, and the Buyer shall be informed of the cost of redelivery before that cost is incurred. The Seller does not charge lump sums, but only costs actually incurred.
Article 30 — Delivery period
The delivery period is stated for each item, or in the offer or order, and depends on whether the goods are held in the Seller’s stock or are ordered from the manufacturer.
For goods ordered from the manufacturer, the delivery period is longer than that for goods held in stock and includes the time required for manufacture, transport and completion of customs procedures. By concluding the contract, the Buyer accepts the delivery period stated for the item or in the offer.
Where circumstances beyond the Seller’s control arise which affect the delivery period, the Seller shall inform the Buyer without delay and state the new expected period. The Buyer retains the rights available under the law in the event of delay, including the right to grant the Seller a reasonable additional period and, upon its unsuccessful expiry, to terminate the contract with a refund of the amount paid.
Article 31 — Circumstances which do not constitute a lack of conformity
The following do not constitute a lack of conformity of the goods:
1. the dimensions of the goods corresponding to the dimensions stated for the item in the online store or in the specification; dimensions are stated for each item, and it is for the Buyer to verify, before ordering, the dimensions of the space as well as access through doors, corridors and staircases;
2. variation between the shade displayed on screen and the actual colour of the goods, given that the display of colours depends on screen settings and lighting conditions;
3. the goods not fitting the space, a change in the Buyer’s taste, or a subsequent choice of another model;
4. natural variations in materials — differences in shade, grain, knots and texture in natural wood, leather, rattan, stone and fabrics, which are characteristics of natural materials;
5. damage arising from assembly carried out by the Buyer or by a third party not engaged by the Seller; where improper assembly results from a deficiency in the assembly instructions provided by the Seller, the Seller shall be liable for the resulting lack of conformity;
6. damage arising from failure to comply with the instructions for use and maintenance provided to the Buyer with the goods in the Serbian language, as well as from use of the goods contrary to their intended purpose;
7. ordinary wear and tear arising from regular use of the goods, including gradual wear of upholstery, mechanisms and sliding elements proportionate to the time and intensity of use;
8. damage arising from the conditions in the space in which the goods are used, in particular the effects of excessive humidity or dryness of the air, exposure to direct sunlight, proximity to a heat source, or use of the goods in an unheated or damp space, where the goods are not intended for such conditions;
9. accelerated wear of goods intended for household use arising from their use in hospitality, business or other commercial premises;
10. damage arising during transport arranged or carried out by the Buyer using their own means, following collection of the goods at the Seller’s retail outlet or warehouse.
In the cases set out in paragraph 1 of this Article, the Buyer may exercise the right of withdrawal under the conditions set out in Chapter II of this Policy, in which case the direct costs of returning the goods shall be borne by the Buyer.
Where the information stated for the item, in particular the dimensions, material and composition, was inaccurate, this constitutes a lack of conformity and the procedure set out in this Chapter applies, in which case all costs shall be borne by the Seller.
During the first year from the day of delivery, the Seller bears the burden of proving that the lack of conformity did not exist at the time of delivery. The circumstances set out in paragraph 1 of this Article do not relieve the Seller of that obligation and do not constitute grounds for automatic rejection of a complaint. Each complaint is assessed individually, and the decision is provided to the Consumer with written reasons.
Article 32 — Goods with a disclosed defect, display models and outlet goods
The Seller may sell goods which deviate from the usual quality, including display models from its retail outlets, goods from its outlet range and goods with a visible defect, at a reduced price.
In the case referred to in paragraph 1 of this Article, the specific defect and the fact that the goods deviate from the usual requirements of conformity shall be expressly stated for the item and on the receipt, and the Buyer shall expressly agree to this before purchase.
The Seller shall not be liable for a defect disclosed to the Buyer in the manner set out in paragraph 2 of this Article. In respect of all other defects, including hidden defects not disclosed to the Buyer, the Seller’s liability for conformity applies in full.
Article 33 — Damage occurring in transport
The risk of accidental loss of or damage to the goods passes to the Buyer at the time of delivery. Where transport was arranged by the Seller, the Seller shall be liable for damage occurring in transport.
Where the Buyer collects the goods in person at the Seller’s retail outlet or warehouse and arranges transport themselves or through a person not engaged by the Seller, the risk of damage to the goods passes to the Buyer at the time of handover. The Seller shall not be liable for damage occurring during such transport, nor for damage arising from inadequate handling, packing or securing of the goods during such transport.
Upon personal collection, the Buyer confirms by signing the delivery note the receipt of the goods and their condition at the time of handover. The signed delivery note serves as evidence of the day of delivery from which the periods set out in this Policy run.
It is recommended that the Buyer inspect the consignment upon collection and immediately photograph and record any damage together with the person effecting delivery. The recommendation in this paragraph does not constitute a time limit restricting the Buyer’s rights; the Seller’s liability for lack of conformity lasts for two years from the day of delivery.
VIII FINAL PROVISIONS
Article 34 — Commercial concessions
In addition to the rights available under the law, the Buyer may, with the Seller’s agreement, be offered replacement goods against an additional payment or a refund of the difference in price, replacement goods of the same value, or a promotional code for a subsequent purchase.
The concessions set out in paragraph 1 of this Article constitute voluntary commercial options of the Seller and do not limit the statutory rights of the Buyer.
Article 35 — Out-of-court resolution of consumer disputes
A Consumer who is not satisfied with the Seller’s reply has the right to initiate proceedings for the out-of-court resolution of a consumer dispute before a body included in the List of Bodies for the Out-of-Court Resolution of Consumer Disputes maintained by the ministry responsible for trade. The List is published on that ministry’s website. The proceedings are free of charge for the parties.
A precondition for initiating the proceedings referred to in paragraph 1 of this Article is that a complaint or objection has previously been submitted to the Seller. The Seller is obliged to participate in the proceedings.
The initiation of out-of-court dispute resolution proceedings neither excludes nor affects the Consumer’s right to judicial protection.
Article 36 — Forms
The following form an integral part of this Policy:
1. the Withdrawal Form (Obrazac za odustanak od ugovora zaključenog na daljinu);
2. the Complaint Form (Reklamacioni list).
The forms are available for download in the online store kavehome.rs and are issued to the Buyer on request in the Seller’s retail outlets.
Article 37 — Application and amendments
This Policy applies from the day of its publication in the online store kavehome.rs.
The Seller reserves the right to amend this Policy. Contracts already concluded are governed by the Policy in force at the time of their conclusion.
Matters not governed by this Policy are subject to the mandatory regulations of the Republic of Serbia.