Guidance for Consumers

Guidance for Consumers

Everyone is a consumer who buys goods and services regularly and so consumer rights are important to all citizens of Kosovo. These guidance pages provide information about these rights. We have chosen the topics we think are most important to consumers, based on the types of complaints and enquiries received by the Consumer Protection Department.

Click on the links below for information about these subjects.

Shopping tips and how to make a complaint

Buying goods and guarantees

Prices

Unfair Selling Practices

Safety of Goods and Services

Buying on the internet

Shopping tips and how to make a complaint

Pre-shopping Tips

Before purchasing any product make sure that the product has a label containing information about the producer, name of goods, quantity, ingredients, quality, production date, expiry date and price.
For more expensive goods and services, consider shopping around to find the best product at the best price.
During the purchase of goods or services do not forget to always ask for a bill.
During the purchase of electronic devices, furniture, appliances, in addition to the bill ask for details of the warranty for the goods.
Know your rights: read our consumer rights advice pages.
Read terms and conditions and don’t be rushed into buying decisions.
If your consumer rights are violated, you can complain to the Consumer Protection Division, Inspectorate (market, sanitary, phyto-sanitary) institutions in charge of law enforcement.
If within two weeks from the time you make a complaint your problem is not solved, you can address the case to the Court.

How to make a Complaint

You can also make a complaint direct to a trader, for more information see : (link for compaint)

You can contact the Consumer Protection Department by using any of the contact methods below.

Call free from all mobile and fixed telephone operators: 0800 1100

After (16:00) and during weekends any time you can leave a voice message including your
phone number or email address

(hyperlink to webform)

(new email address)

(hyperlink to Facebook page)

Consumer Rights When Buying Goods and Services

Sales of Goods to Consumers

A consumer has rights when buying goods. Any consumer product must:

Have the attributes necessary for the normal use of such an item, e.g. a television should have good sound and vision and be able to pick up TV signals, etc.
Have the attributes necessary for any special use agreed with the seller, e.g. a glue bought as suitable for repairing wood products.
Meet any particular features agreed with the seller as part of the sale, e.g. a printer that is compatible with the consumer’s computer as specified to the seller.
Match any sample or model used to sell the item, e.g. a display model of a new sofa in a furniture shop.

If the product fails to meet any of these requirements, the seller is liable for the defects. The consumer should inspect the item when he/she receives it and if there are any defects notify the seller within eight days in order to fully invoke their consumer rights. If the defect only becomes apparent after delivery, then the consumer also has eight days to notify the seller, starting on the day the defect was found. Notification to the seller must include a clear description of the defect and an invitation to the seller to inspect the product.

The seller is not liable for any defects that were known to the buyer before purchase, or for defects that only become apparent more than six months after delivery to the consumer.

A consumer who has correctly notified the seller of a defect can invoke various options to remedy the matter:

Demand a repair to the product or replacement with a non-defective product,
Demand a reduction in purchase price to reflect the value of the defect, or
Withdraw from the contract.

Each of these options may involve reimbursement of money to the consumer. In addition, the seller may also be liable for damage to other assets of the consumer caused by the defect, e.g. damage to kitchen units or flooring caused by a fire from faulty cooker.

Product Warranties

The matters above apply to all consumer goods. In addition to these rights, some goods are supplied with a manufacturer’s warranty which give the consumer further options. Common examples are household appliances such as washing machines and refrigerators, which usually come with a one-year manufacturer’s warranty.

As these are additional rights, the manufacturer is free to set the terms and conditions and consumers must abide by these when making a claim under the warranty. Some of the main consumer rights in relation to warranties are:

The consumer can demand a remedy (e.g. repair, replacement) any time within the warranty period regardless of when the defect became apparent;
The warranty period is extended to exclude periods when the consumer could not use the product due to it undergoing repair;
If a defective item is not repaired or replaced in a reasonable time, the consumer can seek compensation;
The consumer can deal directly with the manufacturer, or through the seller;
The consumer should not have to cover the cost of moving the product to and from the place of repair.

Note that warranty terms and conditions do not take away consumers’ general rights in relation to defective goods, as outlined above. For example, a warranty may seek to exclude certain types of defect, or set a particular procedure for making a claim (e.g. notify within five days). In such cases, the consumer still has rights under the general legal rights on defective goods.

Supply of Services

Consumers also have rights in relation to the supply of consumer services such as home improvements (e.g. installation of new kitchen units), car servicing and internet service providers.

The services must be satisfactory in terms of the contract agreed. If there are shortcomings (e.g. items installed wrongly, or not all agreed work completed), the consumer should notify the provider as soon as possible and give them the opportunity to eliminate the defects in the services provided and to fulfil the contract fully as originally agreed with the consumer.

If the provider fails to remedy the matter in a reasonable time, then they must refund the consumer either in full or in part to reflect the difference between what was agreed in the contract and what was supplied by the provider.

Prices

There are a wide variety of consumer protections surrounding the pricing of goods and services. These are listed below.

A price must be displayed in writing for all goods and services offered for sale to consumers. This is to enable consumers to decide whether they wish to buy without having to ask the price.
All retail price displays must include the value added tax.
For individual items, the selling price of the item must be displayed. For goods sold from bulk (e.g. some fruit and vegetables, motor fuel), the unit price must be displayed, i.e. the price per kilogram, litre, metre, square metre or cubic metre.
The seller must not charge the consumer more than the price displayed.
The selling price or unit price must be displayed on or near the goods, on their packaging, or on shelves.
Any prices published in advertisements must match the prices displayed with the goods or services in the place of sale.
For all goods or services sold, a consumer must be supplied with an invoice for the sale which includes the final price. The invoice can be on paper or in electronic format.
For discounted items, the prior price must be displayed beside the selling price.
For contracts signed outside the seller’s premises (e.g. in the consumer’s home), the consumer must be supplied with written confirmation of the price of the goods or services.
A seller is not permitted to implement a contract term which allows him to increase the price without allowing the consumer to cancel the contract.
A false statement about prices is a misleading commercial practice (hyperlink to Unfair Selling Practices page)
If goods and services are offered for sale and the seller does not communicate the price to the consumer, this is a “misleading omission” and an unfair commercial practice.
If prices are mentioned in “comparative advertising” (i.e. comparisons with other sellers of similar goods or services), the information must not be misleading.
For internet sales, the consumer must be supplied with full information about prices before a purchase is confirmed. After the purchase is concluded, the consumer must be supplied with price information in a form that allows him/her to retain the information as a copy, e.g. e-mail, fax, printed hard copy.
Sellers can be fined between 300 and 3000 Euros if they fail to comply with the above requirements.

Unfair Selling Practices

Unfair selling practices which mislead consumers are prohibited. There are three main types:

Misleading Claims
Misleading Omissions
Aggressive Practices

These practices are not permitted if they are likely to cause a consumer to make a buying decision that he/she would not have taken otherwise. These provisions cover a wide range of activities where there is communication between the seller and consumers, including the advertising and promotion of goods and services.

Misleading Claims

A practice will be misleading if it involves the presentation of false or incorrect information about certain specified matters. These include the following.

The main characteristics of the goods or services: i.e. what they are, what they can be used for, etc.
Information about the seller: e.g. contact details including names and address; responsibilities of seller under the contract of sale.
The price of the goods or services, including price advantages such as reductions or comparisons with other sellers’ prices.
Any work that may be necessary for effective use of the goods, e.g. maintenance, spare parts, repair.
The rights of the consumer if the goods or services are unsatisfactory.
Any risks that the consumer may face in relation to the goods and services.

So, for example, a second-hand car may be described as having a “1.8 engine” when in fact the engine size is only 1500cc. Or a ladies coat in a shop window may have a price ticket stating “40 Euros” when in fact the shop will charge 60 Euros for it. Or a seller may state that no refunds will be offered for toys even if they are faulty, when the law requires him to refund for faulty goods.

Misleading Omissions

Consumers must be given appropriate information to allow them to make an informed decision to buy. Failure to do so is a “misleading omission”. In circumstances where there is a clear opportunity for a consumer to buy, the following should be provided:

The main characteristics of the goods or services (subject to reasonable limitations, e.g. a billboard advertisement has limited space);
The identity of the seller, such as name and address so the consumer knows who they are dealing with;
The price (or how the price will be calculated);
Any applicable cancellation rights for consumers.

This information must be presented in a clear, readable way for the consumer. It must not be hidden (e.g. a website which contains the necessary information on an obscure part of the site that consumers would be unlikely to find or notice).

Aggressive Practices

The use of “harassment, coercion or undue influence” to sell products to consumers is prohibited. This includes threats of physical force or the use of abusive words and behaviours to intimidate consumers into buying goods or services.

It also includes practices which do not involve physical threats or abusive behaviour. For example, it is forbidden to: threaten legal action that cannot be taken; make unreasonably high numbers of telephone calls, emails or visits to consumers to pressure them into buying; take advantage of vulnerable consumers whose misfortunes reduce their capacity for reasonable actions.

When assessing whether a practice is unfair (including misleading claims, omissions and aggressive practices), account must be taken of the characteristics of any particular group of consumers to whom the practice is directed. Additionally, consideration must made of the possible effect on consumers who through mental or physical handicap, age or credulity are particularly sensitive to the practice or product.

Consumer Safety

(Note: to recognise the specialism necessary to compile consumer safety guidance, this page does not attempt to do so. Instead, it is simply a copy out of Article 6 of Law No. 04/L-121 on Consumer Protection and Article 4 of Law No. 04/L-078 on General Product Safety)

General safety requirements of commodities and services

Manufacturers and sellers should place on the market only safe commodities, in accordance with the Law on the General Product Safety and the Law on Technical Requirements for Products and Conformity Assessment.
Service providers should provide only safe services, taking into consideration:

2.1. service characteristics;

2.2. effect of service on other commodities and services;

2.3. presentation of services, warnings or information about services should be in official languages according to the law in force;

2.4. categories of consumers at risk when using the service, especially children and the elderly as consumers with particular sensitivity towards several commodities and services against the patient.

2.5. potential risks that could be caused by the service if not used properly

General product safety requirements

Producer shall be obliged to place only safe products on the market.
The product shall be deemed safe, if it meets all the standards for the products safety as provided for in the applicable Law in the Republic of Kosovo for the safety and conformity of products.
The product is deemed to be safe as far as the risks and risk categories, if it meets the standards determined by European standards adapted as Standards of Kosovo SK.

possible link to EU RAPEX: https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/?event=main.listNotifications&lng=en

Buying on the Internet

The laws governing the sale of goods and guarantees apply to both internet sales and to sales in shops. However, online consumers also have additional rights. These cover three areas:

The seller must supply the consumer with certain information before the consumer agrees to make a purchase, “pre-contract information”.
After a consumer has made a purchase, the seller must supply details of the contract in a format that the consumer can keep and refer to at a later date.
A consumer has the right to terminate if the seller does not fulfil his obligations within set timescales.

Pre-contract Information

Before agreeing to an online purchase, a consumer must be supplied with information relating to a series of important matters. These enable the consumer to make an informed buying decision. The information must be clear, visible and understandable to the consumer. Generally, this requirement is complied with if the information is prominent on the website used by the seller and can be easily read by the consumer. The matters that must be included are:

the name of the supplier;
the postal address of the supplier;
the telephone number, email address and fax number of the supplier;
a fair and accurate description of the goods or services provided to the consumer, including technical and system specifications if relevant;
the price of the goods or services, including taxes and tariffs of deliveries, and any customs obligations;
the timespan of the contract and details of any periodical payments;
the monetary currency with which the goods and services will be provided;
a conditions and payment form;
the time frame during which the goods are delivered or services begin;
any arrangements for delivery;
any policies of annulment, return, exchange and reimbursement of supplier;
any other limitations that may be applied in the purchase conditions.

Information in Writing

After a consumer has made an online purchase, he/she must receive a durable copy of the detailed contract information (including all the pre-contract information listed above) relating to the particular purchase. The seller can do this in a number of ways, i.e. by email, by fax, by post, or in any other format that allows the consumer to retain a copy of the terms and conditions. Merely having the information on a website is not enough to meet this requirement as that format is not durable and could be changed at any time by the seller.

Termination

A consumer has the right to terminate an internet purchase if:

The seller has failed to supply the goods within 30 days of the specified or changed date in the written contract;
The supplier has failed to begin providing the services within 30 days of the specified or changed date in the written contract;
The supplier or seller fails to deliver the goods or fails to begin providing the service 30 days after the signing of contract by the two parties.

These rights to terminate will not apply if the seller or supplier has tried to fulfil their obligations but has failed to do so through the consumer not being available. For example, an attempt is made to deliver goods to the consumer’s house but no one is available to receive them.

Buying from Abroad

When a consumer buys from a seller based in another country, other rules may apply. For example, many sellers in the EU are likely to offer cancellation of unused goods for up to 14 days after delivery. Similar information requirements to those in Kosovan law also apply to EU companies.

Consumers should check carefully the terms and conditions that apply to a purchase from abroad.