A prominent level of consumer protection is one of the goals that Bosnia and Herzegovina is striving for on its way to joining the European Union. Among other essential goals and tasks of the European Union, there is also a goal to protect the health and safety of consumers, protect their economic interests, then to provide them necessary information, as well as to educate and organize them. Effective consumer protection is necessary to ensure the proper functioning of the market economy. In this direction, activities have been initiated to harmonize regulations, not only in the area of product safety, but also in the area of protecting the legal and economic interests of consumers.
Namely, the Republic of Srpska Consumer Protection Act stipulates that the retailer is obliged to sell the product, i.e. provide services to the consumer in a manner that does not contradict professional care and good business practices. The same is also obliged to display determined terms of sale clearly, visibly, and legibly at the sale’s place. In addition, there is an obligation to provide services to all consumers under the same conditions, unless it is a question of individual products or individual groups of consumers for which there may be special conditions of sale, with the obligation to be clearly displayed at the sale’s place. The retailer is obliged to deliver the product or service to the consumer without delay, but no later than within 30 days from the day of the objection obligation, unless otherwise objected, and to clearly write the delivery date on the invoice, pro-forma invoice or receipt.
It is forbidden to discriminate against any consumer, especially by refusing to sell a product that is displayed or otherwise prepared for sale, or by refusing to provide services that can be performed, or by conditioning the sale of a product, or by providing services by selling other products or providing other services.
As for sales and price reductions, the retailer is obliged to announce the sale or price reduction of the product in the usual way at the place of sale. The product on sale or discount must be clearly and visibly marked with the initial price and the price after the sale or discount. The product on sale must clearly, visibly, and legibly designation containing the words “sale” or “promotion sale”. A product that is on sale, but whose use-by date will soon expire, must additionally have a clear designation containing the words “use-by date”. A retailer who sells a product with a defect or error at a sale is obliged to physically separate such product from the regular sale of a correct product and visibly point out that it is a sale of a product with a defect or error and mark each individual product separately.
When it comes to selling a product, dealing with products that contain defects is always a critical issue. In this regard, the Consumer Protection Act of the Republic of Srpska alternatively stipulates that the retailer is obliged to repair the product at the request or choice of the consumer at no additional cost to the consumer, replace the product at no additional cost to the consumer, refund the amount paid and compensate the costs of returning the defective product within seven days from the date of acceptance of the consumer’s complaint, or reduce the price of the product, if the reduction is acceptable to both parties. The retailer is obliged to carry out the repair or replacement within a reasonable period of time, which cannot be longer than 30 days from the date of submission of the request, and to pay all costs related to the elimination of the defect, such as labour, material, collection, delivery, etc. The retailer is responsible for a defect in the product within a period of up to two years from the date of transfer of risk to the consumer. If a defect in the product appears within six months from the date of purchase, it is assumed that the defect existed at the time of purchase, which the consumer does not have to prove separately.
If the service contains a defect, the service provider is obliged, at the consumer’s request, to remedy the defect by redoing or completing the service without additional costs for the consumer within an appropriate period that cannot be longer than 30 days from the date of submission of the request, or to reduce the objected price of the service, if the reduction is acceptable to both parties. If the defect is visible, the consumer will submit the request in writing to the service provider within eight days from the day of the service. If the consumer subsequently discovers a defect in the service performed, the request shall be submitted in writing within 60 days from the date the defect was discovered, but no later than two years from the date of the service performed (the specified period does not apply to products with a warranty).
When it comes to services of general economic interest, such as: the supply of electricity, gas, water, etc., the consumption must be calculated on the basis of actual deliveries, read on the consumer’s metering device. For the provided service, the service provider is obliged to issue the consumer invoice containing all the necessary information and enabling the consumer to check the manner of calculation of the service provided. The invoice for the provided telecommunications services must contain all the necessary information that enables the consumer to check the correctness of the billing of the services provided, such as: the called number with which the connection was made, the duration of the call, the billing period.
Due to all of the above, consumers can protect their rights by submitting a complaint to the service provider, the Consumer Protection Association, or the Republic Administration for Inspection Affairs, but there is certainly the possibility of protecting consumer rights through the courts.
Author teksta: Anja Banjac
E-mail: [email protected]
