Consumer Rights

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Consumer Rights

General Terms & Conditions

LEGAL GUARANTEE FOR THE CONFORMITY OF GOODS

Sales Contract

 

The seller shall supply the consumer with goods that meet the subjective and objective requirements for the conformity of the goods (Articles 72 and 73 of the Consumer Protection Act (Official Gazzette of the RS; No. 130/22; ZVPot-1). The seller shall not be liable for non-conformity of the goods resulting from failure to meet the objective requirements for the conformity of the goods referred to in Articles 73 of ZVPot-1 if the seller has specifically informed the consumer at the time of conclusion of the sales contract that a particular characteristic of the goods deviates from the objective requirements for conformity referred to in Article 73 ZVPot-1, and the consumer has expressly and separately accepted this deviation at the time of conclusion of the sales contract.

 

The seller shall be liable for any non-conformity of the goods which exists at the time of delivery and which becomes apparent within two years of delivery of the goods. If the subject-matter of the contract of sale is second-hand goods, the seller and the consumer may agree on a shorter period of the seller’s liability, which may not be less than one year. The lack of conformity of the goods shall be presumed to exist at the time of delivery if it becomes apparent within one year of delivery of the goods, unless the seller proves otherwise or unless the presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

 

In the event of non-conformity of the goods, the consumer who has notified the seller of the non-conformity of the goods shall be entitled, subject to the following conditions and in the following order, to:

      • request the Seller to restore the conformity of the goods free of charge;

      • request a reduction of the purchase price in proportion to the non-conformity or withdraw from the sales contract and request a refund of the amount paid.

 

The consumer’s warranty claims referred to in the preceding paragraph shall cease within two years from the date on which the consumer notified the seller of the non-conformity of the goods.

 

The consumer may also exercise by declaration the right to withhold payment of the balance or part of the balance of the purchase price until the seller’s obligation has been fulfilled. The consumer shall have the right to claim reimbursement from the seller of any costs of materials, spare parts, labour, transfer and transport of the goods incurred as a result of the exercise of the warranty claim.

 

The consumer may exercise the rights arising from non-conformity (warranty claims and other rights) if he notifies the seller of the non-conformity within two months of the date on which the non-conformity was established.

 

If the existence of non-conformity is disputed, the seller shall notify the consumer in writing within eight days of receipt of the consumer’s guarantee claim. Where the consumer withdraws from the sales contract, the seller shall refund the amount paid to the consumer without delay, but at the latest within eight days of receipt of the goods or proof that the consumer has sent the goods back. Where the consumer requests a proportionate reduction of the purchase price, the seller shall reimburse part of the purchase price within eight days of receipt of the request for a proportionate reduction of the purchase price.

 

Service contract

 

In accordance with the current Consumer Protection Act (Official Gazette of the RS, No. 130/22; ZVPot-1), the customer (consumer) who has informed the company has the following rights:

      • to request the rectification of any irregularities in the service provided, free of charge;
      • to request a re-performance of the service;
      • to request the refund of a part of the purchase price in proportion to the irregularities in the service; or
      • withdraw from the contract and request a refund of the amount paid.

 

The time limits laid down for the liability of the seller for non-conformity of the goods shall apply mutatis mutandis to the service provider, unless a longer time limit is laid down by a specific law. The consumer’s rights under previous paragraph shall therefore expire two years from the date on which he informed the supplier of the material defect.

 

If the existence of a defect in the service provided is not disputed, the service provider shall comply with the consumer’s request as soon as possible and at the latest within eight days. If the existence of a defect in the service is disputed, the service provider must reply in writing to the consumer’s request no later than eight days after receipt of the request.

APPEAL PROCEDURE

Avant car d.o.o. complies with the applicable consumer protection legislation and makes every effort to fulfil its duty to establish an effective complaint handling system. We would like to inform our valued customers that they can send any complaints to us via e-mail to: avantcar@avantcar.si or in writing to: AVANT CAR d.o.o., Dunajska cesta 140, 1000 Ljubljana. The complaint handling procedure is confidential and a priority. The customer can expect a reply within 8 days of receipt of the complaint.

 

We also appreciate your compliments and any suggestions for improvement of our services.

OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

Pursuant to Article 32(3) of the Out-of-Court Settlement of Consumer Disputes Act (Official Gazzette of the RS, No. 81/15; ZIsRPS), Avant car d.o.o. does not recognise any provider of out-of-court settlement of consumer disputes to resolve a consumer dispute that a consumer may have initiated pursuant to the ZIsRPS. Avant car d.o.o., as a provider who is also engaged in online sales, publishes on its website (and in its general terms and conditions) an electronic link to the Online Consumer Dispute Resolution Platform (ODRP):

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

 

The regulation is based on the ZIsRPS and Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.