The Law on Consumer Protection (" Official Gazette of the RS", no. 88/2021 ), Section IV - Protection of consumers in exercising rights from distance contracts and contracts concluded off-premises, from Article 26 to Article 36 and Article 12 of this Law, the Law on Electronic Commerce (" Official Gazette of the RS" , no. 41/2009, 952013, 52/2019) applies to business conditions.

By publishing the General Terms and Conditions of Sale in the online store (hereinafter: " General Terms and Conditions "), it is considered that the merchant has fulfilled the duty to inform the consumer in accordance with Article 26 and Art. 12 of the Law. Notifications from the aforementioned articles of the Act are submitted by the trader to the consumer before the conclusion of the contract in accordance with Art. 30 of this Law. In any case, the consumer can request the delivery of the notification by sending an e-mail to info@firstdatelingerie.com

General conditions

Trader

The merchant is MINA MILOSAVLJEVIĆ, ENTREPRENEUR OF MAIL AND INTERNET TRADE M TEKSTIL ALEKSANDROVAC with registered office in Aleksandrovac, Srećkova 35, PIB 113937730, ID number 67199286

Consumer

A consumer is a visitor to the FIRST DATE LINGERIE online store who chooses at least one product from the retailer's assortment, puts it in the basket, sends the purchase order to the retailer, and after confirming receipt of the purchase order, pays for the product by cash on delivery (cash on delivery of the product) or by payment card.

Ordering products

Ordering in the Merchant's online store is done by adding products to the basket, and the order can be canceled at any time, in accordance with the General Terms and Conditions of Sale . Before ordering the product, it is necessary for the consumer to confirm that he is familiar with the rules contained in the General Terms and Conditions , which are published on the Merchant's website located at the internet domain https://firstdatelingerie.com/

It is considered that the product has been ordered, i.e. that the sales contract has been concluded, when the Merchant sends the confirmation of receipt of the order to the Consumer and thus confirms to him that the specific product has been ordered.

The product can be ordered by a consumer who has an open user account (registered user), but also by a consumer who does not have this account (consumer as a guest). Therefore, the purchase of products in the Merchant's online store is not subject to registration.

If the Trader is unable to deliver the product to the consumer because the ordered product is not in the trader's stock, the trader is obliged to inform the consumer about this within 24 hours by sending a notification to the consumer's e-mail. In this situation, the consumer is authorized to cancel the purchase contract or to possibly accept a new delivery date. If the consumer cancels the purchase contract, the trader is obliged to return the money paid to the consumer, increased by the amount of the statutory default interest, in accordance with the provisions of the Law on the amount of default interest. The merchant is obliged to refund the money no later than within 14 (fourteen) days from the moment of receipt of the withdrawal form , which the merchant confirms by sending a notification to the consumer's e-mail.

The merchant is obliged to return the money using the same means of payment that the consumer used in the original transaction, unless the consumer expressly agrees to the use of another means of payment and on the condition that the consumer does not bear any costs due to such a refund.

If the consumer refuses to receive the correct and undamaged product that he previously ordered, the merchant is authorized to demand from the consumer compensation for all manipulative costs related to the delivery of the given product.

The trader is authorized to refuse the conclusion of the sales contract, i.e. to sell the product to the consumer if it is obvious that the displayed price is disproportionate to the actual price of the product and that it is an obvious error in displaying the price that is the result of systemic and/or human error.

The displayed price of the goods is the retail price (including VAT). The currency is dinar.

The trader is obliged to maintain the internet presentation in accordance with the requirements of professional care and is not responsible for the quality of the internet connection through which the consumer accesses the trader's internet presentation.

General delivery conditions

The working hours of the merchant's customer service are from 8:00 a.m. to 4:00 p.m., every working day. Products ordered through the retailer's online store are sent to the consumer within three working days of receiving the order, and during discount periods, products are sent within five working days of receiving the order.

The product is delivered to the entire territory of Serbia, except for the territory of Kosovo and Metohija.

The delivery time of the product depends on the time of its ordering.

If the consumer orders the product on Friday, the product will be shipped from Monday.

The aforementioned deadlines begin to run from the moment the merchant receives the order (when paying for the product by cash on delivery), that is, from the moment the merchant receives the payment, that is, from the moment the payment card authorization is approved, when the consumer has opted for other payment models for the product. Saturday and Sunday are not included in the delivery time. In any case, the term of product delivery cannot be longer than 30 (thirty) days from the date of conclusion of the contract.

The cost of product delivery is fixed and amounts to 400 dinars.

The delivery of the ordered product to the consumer is carried out by the courier service D EXPRESS. For the purpose of efficiency and better communication between the consumer and the delivery person, the administrators of the merchant's online store provide the courier service with the phone number that the consumer provided when ordering the product. In addition to the above, the consumer, in the event of a complaint due to non-conformity, can send the goods to the trader via the mentioned courier service D EXPRESS, at the trader's expense.

When the product ordered by the consumer is delivered to the courier service, the merchant will inform the consumer about this via e-mail. The courier service delivers parcels on working days, in the time interval from 07:00 to 16:00. On the day of delivery of the ordered product, the consumer will receive an SMS notification, after which he will be contacted by an authorized person from the courier service.

The courier service will try to deliver the product to the consumer a maximum of two times. In the event that the first attempt to deliver the goods to the consumer is unsuccessful, the courier will call the consumer on the phone number left when ordering the product and agree a new delivery date with the consumer. If the delivery is unsuccessful again, the product is returned to the retailer who will contact the consumer, establish the reason for returning the product and possibly agree on a new delivery date.

The products will be packed so that they cannot be damaged by normal handling during transport. The consumer has the obligation to check whether there are any visible damages on the packaging or the product itself. If they exist, the consumer has the right to refuse to accept the shipment and to inform the merchant about it.

If there is no damage to the packaging, the consumer takes the product and signs a document (slip) on which the information about the sender, recipient and price are indicated.

Personal data protection

The personal data that the Merchant collects depends on: the type of service it provides to consumers, users and clients, the consumer's intention to use the merchant's services, the type of contract the merchant concludes with the client, as well as the consumer's intention to exercise their rights based on legal and regulatory provisions on the protection of personal data. First of all, it is about the data without which the trader cannot fulfill his obligations, and they include at least:

- basic personal data (name and surname);
- basic contact information (address, telephone number, e-mail address);
- data related to the use of the internet presentation located at the internet domain: https://firstdatelingerie.com/

- data related to the use of the merchant's online store (webshop);
- data necessary for concluding a contract on consumer lending;
- other personal data necessary for the realization of the client's rights based on legal provisions on consumer protection.

Information related to the processing and protection of personal data is available in the Privacy Policy.

Payment

The consumer can pay for the ordered products in one of the following ways:

- cash on delivery, or cash on delivery;
- payment cards.

With cash on delivery, the consumer pays the ordered products to the courier when picking up the products.

When paying for goods by money order, after recording the payment by the merchant, the order is processed and the product is then sent to the consumer.

When it comes to paying for goods with payment cards, at the moment of creating the order, the funds are reserved, and after the delivery of the ordered product to the consumer, the funds are removed from the consumer's account. Payment by payment card is protected by SSL (Secure Socket Layer) protocol. Payment can be made by Visa, MasterCard or Maestro payment card. After completing the order and selecting the payment method by payment card, the consumer will be automatically redirected to the Internet presentation of the bank Banca Intesa AD Beograd, where it is necessary to enter the information from the payment card.

If the result of the transaction is unsuccessful, the funds on the consumer's account will not be reserved and the order is considered unsuccessful. After that, the consumer can try paying with a payment card again, or choose another payment model.

The processing of the order starts from the moment the payment is visible on the trader's account, that is, from the moment the order is received, when the consumer has chosen to pay for the goods by cash on delivery.

Product exchange/complaints/return of goods

The consumer has the right to return the goods:

1. if it concerns the delivery of goods that were not ordered;

2. in case of non-compliance with the sales contract.

Replacement of the advertised product

The trader is obliged to deliver goods to the consumer that are in conformity with the contract. The delivered goods are deemed to be in conformity with the contract:

1. if it corresponds to the description given by the trader and if it has the characteristics of the goods that the trader showed to the consumer as a sample or model;
2. if it has properties necessary for the particular use for which the consumer is purchasing it, and which was known to the trader or must have been known to him at the time of the conclusion of the sales contract;
3. if it has the properties necessary for the regular use of goods of the same type;
4. if in terms of quality and functioning it corresponds to what is usual for goods of the same type and what the consumer can reasonably expect given the nature of the goods and public promises about the special properties of the goods given by the trader, i.e. the manufacturer or their representatives, especially if the promise was made through an advertisement or on the packaging of the goods.

The merchant is also liable for non-conformity caused by improper packaging.

The trader is responsible for the non-conformity of the goods with the contract, which existed at the time of the transfer of risk to the consumer, regardless of whether he knew about the non-conformity. The trader is also responsible for the non-conformity of the goods with the contract that appears after the transfer of risk to the consumer, if it originates from a cause that existed before that moment, as well as if the consumer could easily notice the non-conformity, and the trader declared that the goods conform to the purchase contract.

The merchant is not responsible for the non-conformity of the goods with the contract if, at the time of concluding the purchase contract, the consumer knew or could not have known that the goods did not conform to the contract.

The trader is responsible for non-conformity of the goods with the contract that appears within 2 (two) years from the date of transfer of risk to the consumer, i.e. from the day of delivery of the goods to the consumer. If non-conformity occurs within 6 (six) months from the date of transfer of risk to the consumer, it is assumed that non-conformity existed at the time of transfer of risk, unless this contradicts the nature of the goods and the nature of the specific non-conformity. The specified deadlines do not run during the period that the merchant uses to eliminate non-compliance.

The consumer can declare a complaint by filling out a complaint form that can be delivered to the merchant at the e-mail address info@firstdatelingerie.com or at the address of the Merchant's headquarters: Srećkova 35, Aleksandrovac. The merchant is obliged to receive the declared complaint. The merchant is obliged to issue a written confirmation to the consumer without delay or to confirm receipt of the complaint electronically, that is, the communication number under which his complaint was filed in the records of received complaints. The merchant is obliged to respond, in writing or electronically, to the consumer to the reported complaint without delay, and no later than within 8 (eight) days from the day of receipt of the complaint. The trader's response to the consumer's complaint is delivered to the consumer in writing and must contain a decision as to whether he accepts the complaint, an explanation if he does not accept the complaint, a statement on the consumer's request on the method of resolution and a concrete proposal in which period and how he will resolve the complaint if he accepts it. The deadline for resolving the complaint cannot be longer than 15 (fifteen) days from the day the complaint was submitted.

The trader is obliged to act in accordance with the decision and proposal for resolving the complaint, if he has received the consumer's prior consent. The deadline for resolving the complaint ends when the consumer receives the trader's response to the reported complaint and starts again when the trader receives the consumer's statement. The consumer is obliged to respond to the trader's answer no later than within 3 (three) days from the date of receipt of the trader's answer. If the consumer does not make a statement within the prescribed period, it will be considered that he does not agree with the merchant's proposal.

If, for objective reasons, the merchant is unable to comply with the consumer's request within the prescribed period, he is obliged to inform the consumer in writing about the extension of the deadline for resolving the complaint and specify the deadline by which he will resolve it, as well as to obtain his consent, which he is obliged to record in the record of received complaints. Extension of the deadline for resolving complaints is possible only once.

In the event that the trader resolves the verbally stated complaint in accordance with the consumer's request when it is stated, he is not obliged to issue a written confirmation to the consumer without delay or electronically confirm the receipt of the complaint, i.e. communicate the number under which his complaint was filed in the records of complaints received, nor to respond to the stated complaint without delay and at the latest within 8 (eight) days from the receipt of the complaint in writing or electronically.

The buyer's inability to deliver the packaging (packaging) of the goods to the trader cannot be a condition for resolving the complaint or a reason for refusing to remove the nonconformity.

If the merchant rejects the complaint, he is obliged to inform the consumer about the possibility of settling the dispute out of court and about the competent bodies for the out-of-court settlement of consumer disputes.

In the event that, when declaring the validity of the complaint, it is determined that the delivered goods do not really conform to the sales contract, the consumer has the right to demand from the trader to eliminate the non-conformity, without compensation, by repair or replacement, or to demand a corresponding price reduction or to terminate the contract with regard to these goods.

The consumer has the right to choose to have the seller eliminate the non-conformity of the goods by repair or replacement without cost to the consumer.

If it is not possible to eliminate the non-conformity in the manner described above, the consumer has the right to demand a corresponding price reduction or termination of the contract if:

- the non-conformity cannot be eliminated by repair or replacement at all or within a reasonable period of time;
- the consumer cannot exercise the right to repair or replacement, i.e. if the trader has not carried out repair or replacement within a reasonable period of time;
- repair or replacement cannot be carried out without significant inconvenience for the consumer due to the nature of the goods and their purpose;
-removing the non-conformity by repair or replacement represents a disproportionate burden on the trader. (A disproportionate burden on the merchant occurs if, compared to the reduction of the price and the termination of the contract, it creates excessive costs, taking into account the value of the goods that they would have if they were in accordance with the contract, the significance of the conformity in the specific case, whether the conformity can be removed without significant inconvenience for the consumer).

The consumer cannot terminate the contract if the lack of conformity of the goods is insignificant.

The merchant will proceed with the elimination of the established non-conformity upon mutual signing of the complaint record, by which the consumer gives his consent to eliminate the given non-conformity in one of the above-determined ways.

Taking into account the nature of the goods and the purpose for which the consumer purchased them, the repair or replacement must be carried out within a reasonable time without significant inconvenience for the consumer and with his consent. All costs that are necessary for the goods to conform to the contract, especially the costs of work, materials, collection and delivery, are borne by the trader.

If non-conformity appears within six months from the date of transfer of risk to the consumer, the consumer has the right to choose between demanding that the non-conformity be remedied by replacement, a corresponding reduction in price, or to declare that he is terminating the contract. If non-conformity appears within six months from the date of transfer of risk to the consumer, elimination of non-conformity is possible by repair with the express consent of the consumer. For the obligations of the seller towards the consumer, which arise due to the non-conformity of the goods, the trader has the right to demand from the producer in the supply chain of those goods, to compensate him for what he fulfilled on the basis of this obligation. The rights that the consumer has due to the non-conformity of the goods do not affect the consumer's right to demand from the seller compensation for damages arising from the non-conformity of the goods, in accordance with the general rules on liability for damage.

The trader is responsible for non-conformity of the goods with the contract that appears within two years from the date of transfer of risk to the consumer. If non-conformity occurs within six months from the date of transfer of risk to the consumer, it is assumed that non-conformity existed at the time of transfer of risk, unless this contradicts the nature of the goods and the nature of the specific non-conformity. The burden of proving that there was no impropriety lies with the merchant. The mentioned deadlines do not run during the period used by the seller to eliminate non-compliance.

The provisions of the Law on Obligations apply to the relations between the trader and the buyer-legal entity, in connection with the exercise of rights in case of non-compliance. Deficiencies/inconformities/flaws observed in the goods must be reported already at the time of handover, i.e. delivery, along with the attached invoice for the purchased goods, and in the case without delay after noticing these deficiencies, along with the attached invoice for the purchased goods by sending a notification in writing, by mail, with the indication "recommended."

Cancellation of the contract

The consumer can withdraw from the contract concluded at a distance without giving a reason within 14 (fourteen) days. The deadline for canceling the contract starts from the day the consumer received the product. The consumer is obliged to inform the trader about the withdrawal from the contract in writing. This can be done via a withdrawal form from the distance sales contract (which the consumer can send to the merchant's address or e-mail address). The contract is considered canceled when the consumer sends the completed withdrawal form to the trader. The trader is obliged to notify the consumer of the receipt of the form without delay by sending a notification to the consumer's e-mail. In case of cancellation of the contract, the consumer is obliged to return the goods to the trader or a person authorized by the trader at his own expense, without delay, and no later than within 14 (fourteen) days from the day when he sent the completed contract withdrawal form. The consumer is obliged to bear the direct costs of returning the goods to the trader, unless the trader has agreed to bear them or if he has not previously informed the consumer that the consumer is obliged to pay them.

Remark

This right to withdraw from the contract does not apply to purchases in stores, since it is not a purchase at a distance and outside the business premises. It is possible to return only products that are undamaged and, if possible in the original packaging, with all accessories and accompanying documentation.

Upon receipt of the product, it will be determined whether the product is undamaged. The consumer is solely responsible for the reduced value of the goods that occurs as a result of using the product in a way that is not adequate, i.e. exceeds what is necessary to establish the nature, characteristics and functionality of the goods. The percentage of damage is determined by an authorized person at the dealer, and the amount returned to the consumer is reduced by the determined percentage. If it is established that the product has been damaged due to the consumer's fault to such an extent that the product can no longer be sold, the price will be refused and the product will be returned to the consumer at his expense.

In the case of legal withdrawal from the contract, the trader is obliged to return to the consumer without delay the amount paid by the consumer based on the purchase contract (including delivery costs), and no later than within 14 days from the day he received the withdrawal form. Exceptionally, the seller is not obliged to refund additional costs that are a consequence of the consumer's express request for delivery that deviates from the cheapest usual delivery offered by the seller. The merchant can postpone the refund until he receives the goods that are being returned, or until the consumer provides proof that he sent the goods to the merchant - depending on which moment occurs first, except in the case when the merchant offered to collect the goods himself. The trader, at his own expense, takes over the goods that were delivered to the consumer at his home at the time of the conclusion of the contract outside the business premises if the goods, by their nature, cannot be returned in the usual way via the postal operator.

The consumer has the right to withdraw from the contract in accordance with the Consumer Protection Act, and the following rules apply:

1. any distance contract and contract concluded outside the merchant's business premises, to which the rules contained in articles 26-36 apply. of the Consumer Protection Act, the consumer may, without giving a reason, terminate the contract within 14 (fourteen) days;
2. in the case of concluding a sales contract, the deadline for withdrawal is calculated from the moment when the goods arrive in the country of the consumer, that is, of a third party designated by the consumer, who is not the carrier;
3. when the consumer orders several types of goods that are delivered separately in one purchase order, the period of 14 (fourteen) days begins when the last type of ordered goods arrives in the country of the consumer, that is, of a third party specified by the consumer, who is not the carrier;
4. when the delivery of goods consists of several shipments and parts, the period of 14 (fourteen) days begins to run when the last shipment or its part has reached the country of the consumer, that is, a third party designated by the consumer, who is not the carrier;
5. when a contract is concluded for an indefinite period with periodic deliveries of goods, the period of 14 (fourteen) days begins to run when the first shipment of goods arrives in the country of the consumer, that is, of a third party designated by the consumer, who is not the carrier;
6. if the trader does not provide the buyer with a notification about the conditions, time limit and procedure for exercising the right to withdraw from the contract, in the manner referred to in Article 29, paragraph 1 of the law and Article 30, paragraph 2 of this law, the consumer may withdraw from the contract within 12 months from the date of expiry of the deadline for withdrawing from the contract;
7. if the merchant has not given the consumer a notice of the conditions, time limit and procedure for exercising the right to withdraw from the contract, in the manner referred to in Article 29, paragraph 1 of this law and Article 30, paragraph 2 of this law, and does so within 12 months from the date of conclusion of the contract, the 14-day period begins when the consumer receives the withdrawal form.

The 14-day period expires at the end of the last hour of the last day of the period.

Exclusion of the right to withdraw from the contract

The consumer does not have the right to withdraw from the contract, based on Article 36 of the Consumer Protection Act, in the event of:

1. delivery of goods manufactured according to special customer requirements or clearly personalized;
2. delivery of sealed goods that cannot be returned for health protection or hygiene reasons and which have been unsealed after delivery.

The consumer does not have the right to withdraw from the contract in case of delivery of sealed goods that cannot be returned for health protection or hygiene reasons and that were unsealed after delivery. Therefore, the consumer does not have the right to withdraw from the contract if it concerns underwear, swimming trunks, bathing suits, socks. If the product has been unpacked, it is assumed that it has been used, which is why the consumer has no right to withdraw from the contract.

Dispute resolution

A consumer dispute can be resolved out of court. Out-of-court settlement of consumer disputes is carried out in a transparent, efficient, fast and fair manner before the body for out-of-court settlement of consumer disputes (hereinafter: "the body"). The competent Ministry compiles a list of bodies and publishes it publicly.

However, out-of-court settlement of consumer disputes does not apply:

• in the field of medical services provided to patients for the purpose of treatment, including the issuance of prescriptions;
• in the field of providing services of general interest that are not of an economic nature;
• in connection with concluded contracts with public service providers in the field of higher education;
• in consumer disputes that are the subject of the Law on Consumer Protection, if the out-of-court settlement of disputes is regulated by a special law, especially in the field of providing electronic communication services, postal services, financial services, except for financial deals, travel services;
• for resolving disputes according to the procedures established by the merchant himself;
• to direct negotiations between the consumer and the trader;
• to attempt to reconcile the parties regarding a dispute in civil proceedings;
• in proceedings initiated by the trader against the consumer.

The procedure before the body can be initiated by the consumer only if he has previously stated a complaint or objection to the trader. The trader is obliged to participate in the procedure of out-of-court settlement of consumer disputes before the body.

The out-of-court settlement of a consumer dispute in accordance with this law may last no longer than 90 days from the date of submission of the proposal. Exceptionally, in justified cases when the subject of the dispute is complex, the 90-day period can be extended by a maximum of another 90 days, of which the body shall notify the consumer and the trader without delay.

The consumer may opt out of further participation in the out-of-court settlement of the consumer dispute until the end of the procedure.

A proposal for the initiation of an out-of-court settlement of a consumer dispute (hereinafter: "Proposal") is submitted to the competent ministry (Ministry of Trade, Tourism and Telecommunications) in one of the following ways: directly, by mail or electronically. After receiving this proposal, the competent ministry forwards it for further processing to the body that is closest to the place of residence of the consumer in terms of the place of out-of-court settlement of the consumer dispute, or to the body that the Ministry estimates will resolve the out-of-court dispute settlement procedure in the most efficient and expedient manner, taking into account the consumer's proposal (e.g. conducting the procedure electronically, choosing the body closest to the consumer's residence, etc.).

Each party in the out-of-court settlement of a consumer dispute pays its own costs (for example, representation costs, travel costs, etc.). However, the work of the body for out-of-court settlement of consumer disputes is free of charge for the parties in the procedure of out-of-court settlement of consumer disputes.

Initiating and conducting the procedure for the out-of-court resolution of a consumer dispute does not exclude and does not affect the exercise of the right to judicial protection, in accordance with the law. In addition, the mere participation of the consumer in the process of judicial resolution of the consumer dispute does not prevent him from demanding compensation in court proceedings. The statute of limitations and preclusion periods do not run during the procedure for out-of-court settlement of a consumer dispute, and they start to run again at the end of the fifteenth day after the end of this procedure.

The possibility of settling a consumer dispute before arbitration

A consumer dispute can also be settled before arbitration, when the consumer and the trader conclude an arbitration agreement after the dispute has arisen.

The arbitration agreement is a document signed by both contracting parties and which does not contain other agreements except those related to the arbitration procedure. Before signing the arbitration agreement, the trader is obliged to inform the consumer about the legal consequences of accepting the arbitration agreement, especially about the binding nature of the arbitration decision and the costs of this procedure.

Judicial resolution of the dispute

If the resolution of disputes is not possible in one of the ways described above, the procedure can be initiated before the competent court at the place of residence, i.e. residence of the consumer.

Disclaimer

MINA MILOSAVLJEVIĆ, ENTREPRENEUR OF MAIL AND INTERNET TRADE M TEKSTIL ALEKSANDROVAC does not assume responsibility for damage suffered by the user as a result of: not having read the Terms of Use; impossibility to make a purchase through the Website for justified reasons; inability to use the Website due to maintenance, security or any other technical reason, as well as denial of access to the Website due to unauthorized use.

Merchant information:

MINA MILOSAVLJEVIĆ ENTREPRENEUR MAIL AND INTERNET TRADE M TEKSTIL ALEKSANDROVAC
Srećkova 35, 37230 Aleksandrovac

Business code: 4791
Registration number: 67199286
VAT number: 113937730

Registration: APR Belgrade, no. registration: BP 123211/2023, From September 18, 2023.

Name of the bank: Banca Intesa AD Beograd
Dinar account: 160-6000001871233-31
Phone: 065/ 9951203
E-mail: minamilosavjevic@gmail.com