General terms

General Terms

These conditions regulate the conditions of purchase and sale of goods, rights and obligations of consumers and other issues relevant to the functioning of the online platform and e-shop Shoppster.com (hereinafter: the Platform) operating within the company Keeptank doo Nis, with registered office at the address Obilićev Venac 39a 18000 Niš, e-mail: [email protected], contact phone: +381 18 451 66 66, entered in the Register of Business Entities on 02.06.2008. year, registration number: 20426829, PIB: 105632925, registered activity - retail (hereinafter Keeptank). These general terms and conditions also represent the provisions of the contract between Keeptank and each individual consumer who orders goods through the Platform. Keeptank operates in accordance with the applicable regulations of the Republic of Serbia, and primarily in accordance with the Law on Electronic Commerce and the Law on Consumer Protection.

By registering for access to the Platform, one-time access to the Platform, clicking on the "confirm order" field, and accessing the Platform via other electronic communication channels (by phone), the consumer declares that he is informed of the General Terms and accepts its provisions. Upon concluding the order form on the Platform, the consumer will receive an e-mail with the title "Order sent", informing him that his order has been confirmed and taken over by the courier service. Only after the delivery of this e-mail to Keeptank, it is considered that the contract on the sale of goods has been concluded. The contract lasts until the rights and obligations of the contracting parties under the contract are fulfilled. Goods may be ordered only by adults. Keeptank will make reasonable efforts to ensure that the goods displayed on the Platform are available in stock in sufficient quantities. Notwithstanding the foregoing, Keeptank will not be liable to the consumer if it happens that a certain product is not in stock at a certain time. As a trader, Keeptank is obliged to point out the selling, ie unit price of goods in an unambiguous, legible and easily noticeable way in accordance with the Trade Act. All prices listed on the site are final on the day of ordering the goods and include VAT. All prices will be realized in dinars. The trader is obliged to issue an invoice to the consumer for the purchased goods or services, and he must adhere to the stated prices and conditions of sale. The prices do not include delivery costs, which will depend on the weight of the goods ordered by the consumer. Before concluding a contract for the sale of goods with Keeptank, the consumer will have the right to agree on the amount of delivery costs and any other additional costs he will bear in connection with the goods he orders. The basic features of the goods and the selling price will be highlighted next to the picture of each item. Keeptank strives to describe all products as accurately as possible. However, keeptank does not warrant that all product or image information provided is 100% accurate, complete, reliable or error-free. The consumer can file a complaint if the product he bought deviates from the information provided on the site.

(In) conformity

Pursuant to the Consumer Protection Act (hereinafter: the Act), Shoppster or Partner (hereinafter collectively referred to as the Merchant) is liable for non-conformity of the goods within a period of 2 (two) years from the date of purchase.

The trader will be liable for non-conformity of the delivered goods to the contract if:

1. existed at the time the risk was passed on to the consumer, whether or not he knew of the inconsistency;

2. occurred after the transfer of risk to the consumer, if it originates from a cause that existed before the transfer of risk to the consumer;

3. could be easily noticed by the consumer, if the Merchant stated that the goods are in accordance with the contract.

If the delivered goods do not comply with the contract, the consumer who informed the Merchant of the non-conformity has the right to request the Merchant to eliminate the non-conformity, free of charge, by repair or replacement, or to demand a corresponding price reduction or terminate the contract. The consumer has the right to choose to eliminate the non-conformity of the goods by the trader by repair or replacement.

If it is not possible to remedy the non-conformity by repair or replacement, the consumer has the right to request an appropriate price reduction or termination of the contract if:

1. non-compliance cannot be remedied by repair or replacement at all or within a reasonable time;

2. cannot exercise the right to repair or replacement, or if the Merchant has not performed the repair or replacement within a reasonable time;

3. repair or replacement cannot be carried out without significant inconvenience to the consumer due to the nature of the goods and their purpose;

4. the elimination of non-conformity by repair or replacement is a disproportionate burden for the Merchant.

The consumer has the right to request a replacement, appropriate price reduction or to terminate the contract due to the same or other lack of conformity that occurs after the first repair, and re-repair is possible only with the express consent of the consumer. If the non-compliance occurs within six months from the date of transfer of risk to the consumer, the consumer has the right to choose between a request to have the non-conformity remedied by replacement, an appropriate reduction in price or to declare that it has terminated the contract. The trader is not liable for non-compliance if at the time of concluding the contract the consumer was aware or could not remain unaware that the goods are not in conformity with the contract. The goods will be considered to be in conformity with the contract if:

• matches the description provided by the Merchant;
• has the properties required for the particular use for which the consumer procures it, and which was known to the Merchant or must have been known to him at the time of the conclusion of the contract;
• has the properties required for regular use of goods of the same type;
• in quality and functioning corresponds to what is common in goods of the same type and what the consumer can reasonably expect given the nature of the goods and public promises of special properties of goods given by the Merchant, manufacturers or their representatives, especially if the promise is made on the packaging of the goods.

Complaints

The consumer lodges a complaint in order to exercise the rights based on compliance, warranty, incorrectly calculated price and other defects. All complaints, regardless of whether they are goods sold by Keeptank, can be made by calling the number: +381 18 451 66 66 and, via e-mail address [email protected] with delivery of invoice for inspection or other proof of purchase ( copy of invoice, slip, etc.).

Keeptank, keeps records of received complaints and keeps them for at least two years from the date of submission.

Keeptank will acknowledge receipt of the complaint to the consumer and provide the number under which his complaint is registered in the records of received complaints.

Keeptank will respond to the consumer's complaint without delay, and no later than within 8 days from the day of receipt of the complaint. The complaint will be considered accepted and the legal deadlines will run from the moment the goods in respect of which the complaint is declared arrive at the address specified by Keeptank in the e-mail acknowledgment of receipt of the complaint, since only then Keeptank is able to determine the merits of the complaint. . Keeptank's response to a consumer complaint will include a decision on whether to accept the complaint, a statement on the consumer's request, and a specific proposal and deadline for resolving the complaint. The deadline cannot be longer than 15 days, ie 30 days for technical goods, from the day of submitting the complaint.

If Keeptank, for objective reasons, is not able to satisfy the consumer's request within the agreed time, they are obliged to inform the consumer about the extension of the deadline for resolving the complaint and state the deadline within which to resolve it, as well as obtain his consent. obliged to record in the records of received complaints.

If the complaint is not accepted (eg cases of physical damage are not non-compliant), the consumer bears the cost of sending the goods and the cost of diagnosing the defect according to the price list of the authorized service.

The consumer loses the right to complain in case of inadequate handling of goods and their use that is not in accordance with the instructions for use, as well as in case of any repairs or attempts to repair by unauthorized persons.

Keeptank is in a contractual relationship with the postal operators AKS I D EXPRESS DOO BELGRADE through which the consumer can send goods at the expense of Keeptank in the event of a complaint due to non-compliance.

If the complaint is resolved by a refund of the amount paid, it will depend on the method of payment:

• if the order is paid by payment card, the refund will be made by refund to the card;
• If the order is paid in any other way (cash on delivery, e-banking, payment slip), the funds will be paid exclusively to the customer's current account, so it is necessary for the consumer to submit the current account number to Shoppster.

Warranty

Warranty is a statement of the manufacturer which guarantees the consumer greater rights than those prescribed by law. Documentation for exercising warranty rights is usually included in the original product packaging.

For devices for which the manufacturer does not offer special benefits, Keeptank is not obliged to issue a warranty card.

Right to withdraw from the contract

The consumer has the right to withdraw from the contract concluded at a distance, within 14 days from the day when the goods arrive in his country, or the country of a third party designated by the consumer, without giving reasons and additional costs other than direct costs of returning goods. The direct costs of returning or returning the goods are borne by the consumer.

The consumer exercises the right to withdraw from the contract by a statement that he can give on a special form for withdrawal from the contract. Keeptank is obliged to inform the consumer about the receipt of the form without delay in writing or on another durable medium. days from the day he received the withdrawal form. Keeptank may delay the refund until he receives the returned goods, or until the consumer provides proof that he has sent the goods to the address notified to him by Keeptank, whichever comes first. The consumer is obliged to return the goods to Keeptank without delay, and no later than 14 days from the day when he sent the withdrawal form. The consumer is solely responsible for the diminished value of the goods resulting from the handling of the goods in a way that is not adequate, ie exceeds what is necessary to establish the nature, characteristics and functionality of the goods.

The product to be returned must be in the original packaging and without visible traces of use with all accompanying documentation and parts.

The consumer has no right to withdraw from the contract in the case of:

• Deliveries of goods produced according to special consumer requirements or clearly personalized;
• deliveries of goods that are subject to deterioration or have a short shelf life;
• deliveries of sealed goods that cannot be returned for health or hygiene reasons and that are unsealed after delivery;
• Deliveries of goods which, after delivery, by their nature are inseparably mixed with other goods;
• Deliveries of sealed audio, video, or computer software that are unsealed after delivery.

Protection of copyright and related rights and other intellectual property rights

Keeptank doo has exclusive copyrights on the Keeptank.rs platform, as well as on certain elements that make them up, such as text, visual and audio elements, visual identity, data and databases, program code and other elements. Exploitation of the mentioned copyrighted items, without the explicit prior written consent of Keeptank, will be considered a violation of copyright, and Keeptank doo will in that case be authorized to use all available legal means to exercise its right.

Payment method

Consumers can pay for the products they order on the Platform in the following ways:

1. Payment card (Visa, MasterCard, Maestro, Dina) - if the consumer has chosen this method of payment, it will be redirected to the site of the payment service provider. On the website of the payment service provider, the consumer will enter the data from the payment card. If the transaction is successful, the consumer will be returned to the Shopster website with a notification that the reservation of funds has been successfully completed. After delivery, the reserved funds will be removed from the card. If the transaction is not completed for some reason, the consumer will also be returned to the Platform with a notification of the failed transaction. You will then be able to try again or choose another payment method. For security reasons, consumer payment card information is only visible to the payment service provider as a card processor, so the complete billing process is performed on the payment service provider's website. At no time is payment card information available to Shoppster. When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form.

All payments will be made in the local currency of the Republic of Serbia - dinar (RSD). The amount to be charged to the customer's payment card will be expressed in the customer's local currency through conversion into the same at the exchange rate used by card organizations, which Keeptank cannot know at the time of the transaction. As a result of this conversion, there is a possibility of a slight difference from the original price listed on the site Keeptank.rs.

In case of return of goods and refunds to the customer who previously paid with one of the payment cards, in part or in full, and regardless of the reason for return, Keeptank is obliged to return only through VISA, EC / MC and Maestro payment methods , which means that the bank will, at the request of Keeptank, refund the funds to the cardholder's account. Additional information on refunds can be found at <ahref="http://www.keeptank.rs/reklamacija"> reklamacije-i-povrati .

The Keeptank website, as well as data transmission, are technically and electronically protected. Keeptank uses adequate technological and organizational means to protect the transfer and storage of personal data and payments, and has a contract with the contractor for the purpose of performing online payment services. The entry and transfer of personal data and credit card number data is protected by the SSL protocol. Credit card authorization and payment is done using the WSPay system for real-time card authorization and payment in accordance with PCI DSS standards.

2. Cash on delivery - The entire amount of the order is paid when the shipment is picked up by the consumer. Payment is made exclusively in cash, by courier service. If the consumer has chosen this type of payment, he is obliged to prepare the amount of money for payment.

3. By payment to the account (e-banking or payment slip at the counter) After the purchase process is completed, the consumer will be sent to the e-mail address send detailed payment instructions. Payment will be made further through your e-banking account or at the bank / post office counter. If the consumer does not make the payment within 7 days, his order will be automatically canceled.

Delivery

The delivery price is included in the total amount to be paid. The exact delivery price is displayed on the "Delivery", "Payment" and "Order overview" screens in the "Order overview" section of the screen under "Delivery". When picking up the shipment, the consumer has no additional costs. Delivery for all orders is charged according to the following price list:

* Featured prices include VAT Delivery of small and medium shipments (up to 35 kg) is performed by the courier service aks I D Express with which Keeptank has a contract. Expected delivery time is 3-5 working days. If

* Featured prices include VAT

Delivery of small and medium shipments (up to 35 kg) is performed by the courier service aks I D Express with which Keeptank has a contract. Expected delivery time is 3-5 working days. If the consumer pays for the order via e-banking and payment slip, this deadline is calculated from the moment Keeptank records the consumer's payment. If the price is paid by cash on delivery and payment card, the delivery time is calculated from the moment of creating the order. The consumer has the option to check the status of the shipment from the "My Account" section.

On the day the courier service picks up the shipment, the consumer will receive an e-mail notification that the shipment has been picked up. Delivery is made every working day between 8 am and 5 pm.

Dispute Resolution

The contracting parties agree that the provisions of these General Terms and Conditions shall be construed in a manner that contributes to the performance of contractual obligations for mutual benefit.

The contracting parties agree to try to resolve all possible misunderstandings that arise during the contractual relationship amicably. If they do not succeed in that, the court in Nis will have jurisdiction with the application of the law of the Republic of Serbia.

Validity and changes to the general terms and conditions

Keeptank reserves the right to amend these General Terms and Conditions in accordance with the amended terms and conditions and in accordance with its business policy.

Keeptank undertakes to inform the consumer in an appropriate manner about changes to these General Terms and Conditions.

Prohibition of Site Abuse

Platform users are not allowed to:

• disrupting and / or disabling any security-related function on the Platform or a function that prevents or restricts the use or copying of available content;
• posting and / or transmitting to the Platform any material that is threatening, defamatory, obscene, offensive, pornographic or abusive, as well as material that may initiate racial hatred;
• providing inaccurate information regarding personal data or using other people's personal data without the consent of the person whose data is used;
• false representation to act on behalf of a third party, company or organization;
• engaging in any illegal or unlawful conduct using the Platform;
• modifying, interfering with, intercepting or hacking the Platform in order to disable it;
• use of specialized programs to download content from the Platform;
• Download material from the site and use it for other purposes.

If any of the above Terms is violated, Keeptank may disable the user from using this website on a permanent or temporary basis. Keeptank may also take other measures, including, but not limited to, reporting the user to the appropriate authorities.