Distance sale agreement

DISTANCE SALE AGREEMENT

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Concluded on: ______________________ in: Belgrade between: Galerija Španac”, Bulevar Zorana Đinđića 44a, Belgrade 11070, (+381) 011/311-0316, ID number 60334706, PIB: 104589637, represented by Đorđe Đurđević, – hereinafter: Seller and______________________________________________________________________________________________________________ – hereinafter: Customer

Article 1.

With this contract, the Seller sells, and the Buyer buys, the goods ordered on: ____________________, under order number: ___________ (hereinafter: goods). The seller is obliged to hand over the goods to the buyer so that the buyer becomes the owner, while the buyer is obliged to pay the price and take possession of the goods. This contract was concluded as a distance sales contract in the sense of Article 27 of the Law on Consumer Protection (Official Gazette of the RS”, no. 62/2014 and 6/2016 – another law), because it was concluded through the Internet as a means of communication.

Article 2.

By concluding this contract, the Buyer confirms that the Seller informed him before its conclusion about: – basic features and origin of goods or services; – the address and other data that are important for determining the identity of the Seller, the address where the Seller operates and the address to which the Buyer can send complaints; – the selling price as well as all additional postal costs and transport and delivery costs and the possibility that these costs can be charged to the consumer; – the method of payment, the method and term of delivery, the method of performing other contractual obligations, as well as the method of handling consumer complaints; – the consumer’s right to unilateral termination of the contract under the conditions prescribed by law; – the support that the trader provides to the consumer after the sale, contractual guarantees and the conditions under which the buyer has the right to a contractual guarantee; – the time when such contracts are concluded; – the obligation of the Buyer to provide a certain form of security at the request of the Seller and the conditions under which the obligation exists; – the conditions for unilateral termination of the contract; – that there is a code of conduct that binds the trader and that the code can be viewed by visiting the Seller’s website; – prices for the use of means of long-distance communication, if it is not calculated according to the basic tariff; – the fact that the Buyer enters into a contractual relationship with the Seller and enjoys protection in accordance with the Law; – possibilities of out-of-court settlement of disputes.

Article 3.

The seller is obliged to deliver the goods to the buyer within 1 to 5 working days from the date of conclusion of this contract, with the fact that the deadline cannot be longer than 30 days. The goods will be delivered via the Courier Service. Delivery costs are borne by the seller according to the terms of use. The delivery will be made to the Buyer or to a person authorized by him, or to the carrier at the order of the Buyer.

Article 4.

When receiving the goods, the buyer is obliged to inspect the goods and check their conformity with the ordered ones. In the event that the recipient or an authorized person, during the delivery of the shipment, expresses doubt about the existence of defects that can be seen by inspecting the shipment, due to damage or reduction of the contents of the shipment, the employee of the Courier Service will, in the presence of the recipient or an authorized person, open the shipment in question by commission and make a record of it. For hidden defects that existed at the time of the transfer of risk to the Buyer, the Seller is liable within two years from the delivery of the goods, if they appear within a period of less than six months from the day of receipt of the goods, which does not exclude the Seller’s right to prove the opposite. The moment of transfer of risk from the Seller to the Buyer is the moment of handing over the goods to the Buyer or to a person authorized by the Buyer to receive the goods on his behalf. In case of defects for which the Seller is responsible, the provisions of the Law shall apply to the Buyer’s rights and the procedure for exercising the rights, unless otherwise agreed.


Article 5.

The buyer undertakes to pay the seller the amount of: ______________dinars for the goods that are the subject of this contract.


Article 6.

The buyer has the right to withdraw from this contract concluded at a distance, within 14 days, without giving reasons and additional costs, except for the cost of returning the goods, which in this case is borne by the buyer. In the case of a contract for the sale of goods, the period of 14 days is counted from the moment when the goods arrive in the possession (state) of the Buyer, that is, a third party designated by the Buyer, who is not the carrier. The customer exercises the right to withdraw from the contract by making a statement on a special form for withdrawing from a contract concluded at a distance. The declaration of withdrawal from the contract in the case of a distance contract is considered timely if it is sent to the Seller within the period referred to in paragraph 1 of this article. At the time of conclusion of the contract, and no later than upon delivery of the goods, the Seller will submit to the Buyer in writing, on a permanent record carrier or by e-mail, a cancellation form and a copy of this contract. Notification to the Customer from Article 27, paragraph 1. and 2. of the Law on Consumer Protection (the business address of the Seller and the e-mail address of the Seller, galerijaspanac@gmail.com, to which the Buyer can file a complaint, can be found in the text of this contract. After the deadline referred to in paragraph 1 of this article, the Buyer’s right to withdrawal from the contract. In case of legal withdrawal from the contract, the Seller is obliged to return to the Buyer the amount paid by the Buyer under the contract without delay, and no later than within 14 days from the day he received the withdrawal form. The Seller can postpone the refund until does not receive the goods to be returned. The Buyer is obliged to return the goods to the Seller or a person authorized by the Seller, without delay, and no later than within 14 days from the day he sent the withdrawal form. The Buyer bears only 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, i.e. exceeds what is necessary to establish the nature, characteristics and functionality of the goods. The customer will return the goods in their original undamaged packaging, with all associated documentation in the original packaging and in the same condition as it was delivered, without any mechanical or any other damage. The Buyer has no right to withdraw from the contract in case of: a) delivery of goods or provision of services whose price depends on changes in the financial market that the Seller cannot influence and which may occur during the withdrawal period; b) delivery of goods manufactured according to the special requirements of the Customer or clearly personalized; c) delivery of goods, which were damaged after delivery; d) delivery of the goods if the execution began after the prior express consent of the Buyer and his confirmation (by electronic mail or in writing) that he knows that in this way he loses the right to withdraw from the contract. The Buyer is responsible for damages arising from failure to take delivery of goods sent to him by the Seller in accordance with this contract. Damage means damage to the goods, as well as costs incurred by the Seller due to the Buyer’s failure to collect the goods, such as: costs of storage, repacking, returning the goods and the like.


Article 7.

In the event of a dispute, the contractors agree to attempt to resolve it outside of court in accordance with the Law.


Article 8.

The contract was concluded via electronic mail, where the seller forwarded the contract to the buyer via email.

Seller                                                                                  Buyer Galerija Španac                                                              __________________