Consumer Protection in Serbia 2026

Introduction

In today’s business environment, the relationship with consumers represents one of the key sources of legal and reputational risk for retailers. This relationship does not begin only when a contract is concluded, nor does it end with the delivery of goods.

The new Law on Consumer Protection imposes a number of obligations on retailers throughout the entire duration of that relationship.

Failure to comply at any stage may result in inspections, misdemeanour liability and reputational risks.

To help retailers apply the regulations in their day-to-day operations, we have prepared this practical guide to the most important obligations introduced by the Consumer Protection Law adopted in 2026, with application starting in August.

This guide covers:

• key obligations of retailers towards consumers before and after the sale;
• the consumer’s right to withdraw from a contract;
• rules on conformity of goods and commercial guarantees;
• handling of consumer complaints;
• practical guidance for compliant business operations and risk reduction.

The main purpose of this guide is to help retailers understand and apply the key consumer protection rules in a clear, structured and practical way in their everyday business operations.

Please note that this guide is provided for general informational purposes only. It does not constitute legal advice and cannot replace tailored legal analysis or advice in specific cases.

CONSUMER INFORMATION OBLIGATIONS BEFORE THE SALE (pre-contractual obligations of retailers)

A retailer’s obligations towards consumers do not arise only after a sale has been completed. Retailers are required to provide consumers, in a clear and understandable manner, with all information necessary to make an informed purchase decision before the contract is concluded.

The Consumer Protection Law establishes general information obligations that apply to all retailers, regardless of how the goods are sold.

In addition, there are additional obligations that apply to retailers entering into:

• distance contracts (e.g. via online stores, telephone or email); and
• off-premises contracts (e.g. during sales presentations or at the consumer’s home).

General consumer information obligations

Before a sale, retailers are required to provide consumers, in a clear and understandable manner, with all information necessary to make a purchase decision.

This obligation in particular includes informing consumers about:

• the main characteristics of the goods;
• the business name, registration number, registered office address and telephone number of the retailer;
• the selling price, as well as any additional postal charges, transport and delivery costs, and the possibility that such costs may be charged to the consumer;
• the method of payment, method and timeframe of delivery, and the way in which other contractual obligations are performed;
• liability for lack of conformity;
• the method and procedure for submitting complaints, as well as the conditions for exercising rights based on conformity;
• the availability of spare parts for technical goods;
• the conditions for termination of the contract – if the contract is concluded for an indefinite period or is automatically extended;
• the possibility of alternative dispute resolution (ADR);
• commercial guarantees – where applicable.

In the following sections, we will address certain aspects of consumer information obligations in more detail, particularly those that most often raise questions in practice.

Information on PRICING

Providing consumers with clear and accurate pricing information is one of the retailer’s core obligations. In this respect, retailers are required to:

• clearly display the selling price and unit price of goods in a visible and unambiguous manner;
• issue a receipt (invoice) for every sale;
• publish a price list in digital form on their website, separately for each point of sale, regularly update it following any price change, and comply with the published prices;
• open an account on the National Open Data Portal and update the price list there after each price change.

Note: The last two obligations are not yet in force at the time of writing. This is due to the absence of clear guidance on their implementation, as the relevant by‑law of the competent ministry has not yet been adopted under the Consumer Protection Law enacted earlier this year.

Information on ADDITIONAL COSTS for consumers

A retailer may charge additional costs (e.g. delivery, postage or transport) only if the consumer has given explicit prior consent to bear such costs.

Key points:

• The consumer’s consent must be obtained before the contract is concluded or the sale is completed;
• The consumer must clearly and unambiguously accept any additional costs.

For example, in an in-store purchase of technical goods, delivery costs must be communicated to the consumer in advance and defined in the applicable price list. The consumer accepts these costs by paying the amount stated on the invoice.

In online sales, where multiple delivery options exist (including a free option, e.g. slower delivery), it is not sufficient for delivery costs to be presented through pre-selected or default options. In such cases, the consumer must be able to actively choose (tick) their preferred delivery option, without any option being pre-selected.

Consumer information in DISTANCE CONTRACTS and OFF‑PREMISES CONTRACTS

When a contract is concluded at a distance (e.g. via an online store) or outside the retailer’s business premises (e.g. at the consumer’s home, during a presentation, or at another location that is not the retailer’s point of sale), the retailer is required, in addition to general information, to provide the consumer with further information on:

• the right of withdrawal, including the conditions, deadlines and procedure for exercising this right;
• the possibility of alternative dispute resolution (ADR);
• personalized pricing, where the price is determined or adjusted for a specific consumer based on automated data processing.

In addition, the retailer is required, at the time the contract is concluded, and at the latest upon delivery of the goods, to provide the consumer with:

• a withdrawal form;
• notice of the consumer’s rights in relation to distance and off‑premises contracts;
• a copy of the contract, or confirmation that the contract has been concluded, where the contract was agreed orally.

For distance contracts (e.g. online sales), the documentation must be provided on a durable medium, such as email, a PDF document or a paper document.

For off‑premises contracts (e.g. at the consumer’s home or during a presentation), the documentation must be provided in writing, unless the consumer has agreed to receive it on another durable medium. In such cases, the consumer’s consent to the alternative method of delivery should be properly recorded.

Consumer right of withdrawal

Basic rules

In the case of distance contracts and off‑premises contracts, consumers have the right of withdrawal within 14 days, without providing any reason.

Before the contract is concluded, the retailer is required to provide the consumer, in a clear and understandable manner, with information on:

• the conditions and procedure for exercising the right of withdrawal;
• the cost of returning the goods;
• cases where the right of withdrawal does not apply.

The consumer may withdraw either by submitting a withdrawal form or by making any other clear and unambiguous statement.

Obligations of the retailer after withdrawal

Upon receiving a withdrawal statement, the retailer is required to:

• acknowledge receipt of the statement, if it was submitted electronically;
• refund all payments received, including delivery costs (except for any additional costs exceeding the cheapest standard delivery option offered at the time of sale), no later than 14 days from receipt of the withdrawal statement.

The retailer may delay the refund until it receives proof that the goods have been returned, or until the goods are actually received back, whichever occurs first.

Obligations of the consumer after withdrawal

The consumer is required to return the goods without undue delay, and no later than 14 days from the date the withdrawal statement is sent.

The cost of returning the goods is borne by the consumer, unless:

• the retailer has agreed to bear such costs; or
• the consumer was not informed of this obligation in advance (at the time of purchase).

Exceptions to the right of withdrawal

The law provides for certain exceptions where the consumer does not have the right of withdrawal. These exceptions apply only if the consumer was informed in advance, at the time of purchase, that the right of withdrawal will not apply to the specific transaction.

Common examples include:

• goods made according to the consumer’s specifications (e.g. made-to-measure clothing);
• perishable goods (e.g. prepared food or flowers);
• sealed goods which are not suitable for return for health or hygiene reasons after being unsealed (e.g. certain cosmetic products, underwear or swimwear).

Recommendations for retailers

The right of withdrawal is one of the most common issues in inspections and disputes with consumers.

For this reason, retailers should ensure that all required information and the withdrawal form are provided to the consumer in a timely manner before the contract is concluded. Retailers should also establish a clear internal procedure for receiving withdrawal statements, handling returns of goods and processing refunds.

Conformity of goods

Basic rules

Retailers are required to deliver goods that are in conformity with the contract, meaning goods that meet the agreed characteristics and the reasonable expectations of the consumer.

In practice, goods are considered to be in conformity if the consumer receives exactly what was ordered, with the quality and characteristics that were presented before the purchase.

In this respect, the Consumer Protection Law sets out specific criteria under which goods are deemed to be in conformity if they:

• match the description, quantity, quality and characteristics presented to the consumer;
• correspond to the information and promises made in advertisements, promotional materials or product labelling;
• are fit for the purposes for which goods of that type are normally used, as well as for any specific purpose made known by the consumer and accepted by the retailer;
• are delivered with all accessories, instructions for use and installation;
• correspond to the sample or model shown to the consumer before purchase;
• have the quality, functionality, durability, safety and other features usual for goods of the same type;
• are free from third-party rights that could limit the consumer’s use of the goods, unless the consumer was informed in advance and agreed to this.

Retailers are liable for any lack of conformity that:

• exists at the time of delivery of the goods;
• appears after delivery but is the result of a cause that existed earlier;
• results from incorrect installation performed by the retailer or a party acting on its behalf;
• arises from deficiencies in installation or assembly instructions.

A retailer may be released from liability only if, before the contract is concluded, it explicitly informed the consumer that a specific characteristic of the goods deviates from the legal requirements and the consumer expressly agreed to this. As a rule, such notices should always be provided in writing.

Period of retailer’s liability for lack of conformity

The retailer is liable for any lack of conformity that appears within two years from the date of delivery of the goods.

For second-hand goods, a shorter liability period may be agreed, but not less than one year. In order for this shorter period to apply, it must be explicitly agreed – it does not apply automatically simply because the goods are used.

On the other hand, if the lack of conformity appears within one year from the date of delivery, the new Consumer Protection Law provides that it is presumed that the lack of conformity existed at the time of delivery, unless this is inconsistent with the nature of the goods or the type of defect. During this first year, the burden of proof is on the retailer to demonstrate that it is not responsible for the lack of conformity.

Under the previous Consumer Protection Law from 2021, this period was limited to six months. The extension to one year represents a significant benefit for consumers.

Deadline for consumers to notify the retailer of a defect (loss of rights risk)

In order to exercise their rights, consumers must notify the retailer of the lack of conformity within two months from the day they discovered it, and no later than two years from the date of delivery of the goods.

In practice, this means that a consumer may lose their rights based on conformity if they fail to notify the retailer within the prescribed timeframe, even if the goods are still within the overall two-year liability period.

For this reason, it is important to always request that the consumer specifies when they became aware of the alleged lack of conformity, i.e. when the issue was first noticed.

Consumer rights in case of lack of conformity

Where the goods are not in conformity with the contract, the consumer has the right to choose between:

• repair of the goods; or
• replacement of the goods.

This means that the consumer does not have the right to immediately request termination of the contract and a refund, or a price reduction.

The only situation where the consumer may immediately request a price reduction or termination of the contract with a refund is where the lack of conformity appears within 30 days from the date of delivery of the goods. Under the previous Consumer Protection Law, this period was six months. The reduction to 30 days represents a significant benefit for retailers.

If repair or replacement is impossible or would impose a disproportionate burden on the retailer, the retailer may instead offer a price reduction or terminate the contract and refund the consumer.

If the same or a different defect appears after the first repair, the consumer may request:

• replacement of the goods;
• a price reduction; or
• termination of the contract.

In such cases, a new repair is possible only with the consumer’s express consent.

The consumer may request a price reduction or termination of the contract where:

• the retailer has not carried out repair or replacement;
• repair or replacement is not possible;
• the lack of conformity has not been resolved within a reasonable time;
• it is evident from the circumstances that the retailer will not be able to remedy the issue; and
• the lack of conformity appeared within 30 days from the date of delivery.

Termination of the contract cannot be requested if the lack of conformity is minor.

Retailer’s obligations in case of contract termination

Where the consumer terminates the contract due to lack of conformity:

• the consumer returns the goods at the retailer’s expense;
• the retailer is required to refund the full amount paid within three days from receipt of the goods or from the date the consumer provides proof that the goods have been returned.

Commercial guarantee

A commercial guarantee is an additional voluntary commitment by the retailer, manufacturer or other guarantor to provide the consumer with repair, replacement, servicing or a refund if the goods do not meet the conditions specified in the guarantee statement or in advertising.

It is important to note that a commercial guarantee represents an additional right of the consumer and does not affect their statutory rights related to lack of conformity.

What should retailers pay attention to?

• The terms of a commercial guarantee must be clear, understandable and easily accessible to the consumer;
• If more favorable terms were promised to the consumer during advertising or promotion than those stated in the warranty document, the more favorable terms from the advertising will apply;
• The warranty document must be provided to the consumer no later than at the time of delivery of the goods, either in paper form, electronic form or on another durable medium;
• A commercial guarantee must not limit or reduce the consumer’s statutory rights.

Recommendations for retailers

• The terms “commercial guarantee” or “guarantee” should be used only where the consumer is actually granted additional rights beyond those provided by law;
• Ensure consistency between warranty documents, marketing materials and information published on the website;
• Avoid presenting statutory consumer rights as a commercial guarantee, as a commercial guarantee implies additional benefits or a higher level of protection than that provided by law;
• Regularly review the compliance of guarantee statements and marketing practices with legal requirements in order to mitigate the risk of misdemeanor liability.

Consumer complaints

A complaint is a request by the consumer to have a defect remedied, the product replaced, the price reduced, or the contract terminated.

Every consumer has the legal right to submit a complaint regarding purchased goods, and the retailer is required to respond in a timely manner and in accordance with the prescribed procedure, regardless of whether it considers the complaint justified or not.

What is the minimum a retailer must ensure when handling complaints?

In relation to complaints, the retailer is required to:

• clearly display a notice at the point of sale and on its website (in case of distance selling) explaining how and where complaints can be submitted;
• ensure the availability of a person authorized to receive complaints during working hours;
• record each complaint in a complaints register, assign it a reference number, and keep it for at least two years from the date of submission;
• send the consumer a confirmation of receipt of the complaint (in writing or by email) and inform them of the reference number assigned to their complaint;
• make a decision on the complaint within 8 days (whether it is accepted or rejected), and if the complaint is accepted, resolve it within 15 days (or 30 days for technical goods) from the date of submission.

Special attention should be paid to rejected complaints. A decision rejecting a complaint must be clearly reasoned and must include information about the consumer’s right to alternative dispute resolution (ADR), as well as details of the competent bodies handling such procedures.

An exception applies where a complaint is submitted orally and resolved immediately in line with the consumer’s request. In such cases, the retailer is not required to issue a confirmation of receipt, assign a reference number, or provide a written response.

Recommendations for retailers

• establish a clear internal procedure for receiving, recording and resolving complaints;
• designate responsible persons and ensure proper training of employees who communicate with consumers;
• regularly monitor compliance with statutory deadlines for responding to and resolving complaints;
• maintain accurate records of all complaints and actions taken, to demonstrate lawful conduct in case of inspections or disputes;
• prepare standard templates for complaint acknowledgements, responses, and ADR notifications.

Alternative dispute resolution (ADR)

A consumer may initiate an alternative dispute resolution (ADR) procedure before a competent body if they are not satisfied with how their complaint has been handled.

The purpose of this procedure is to resolve disputes between the consumer and the retailer amicably, with the assistance of a neutral third party, without the need to go to court.

Although the decision of such a body is not legally binding, the retailer is required to participate in the procedure, meaning that it must respond in a timely manner and cooperate with the body conducting the procedure.

In addition, the retailer is required to clearly inform consumers about the possibility of alternative dispute resolution. Such information must be visibly displayed:

• at the point of sale;
• on the retailer’s website, if it engages in distance selling;
• in any decision rejecting a consumer complaint.

Failure to comply with these obligations may result in misdemeanor liability, particularly in cases where the required information is not displayed or the retailer fails to participate in the ADR procedure.

Recommendations for retailers

• verify that information on the availability of ADR is clearly displayed at all points of sale and on the website;
• update complaint response templates to include mandatory information about the consumer’s right to ADR;
• establish an internal procedure for timely handling of ADR requests and submissions.

We hope that this Guide will be useful in practice and contribute to a better understanding of obligations arising from consumer protection regulations.

We would be pleased to hear your feedback or suggestions for topics we could cover in future. Feel free to contact us at [email protected].

If you have any questions regarding the application of these regulations or require legal support in aligning your business operations, we remain at your disposal.