Serbian Consumer Protection Act (Zakon o zaštiti potrošača) in brief
Zakon o zaštiti potrošača (Sl. glasnik RS, No. 35/2026): complaints (reklamacija) and deadlines, conformity of goods, 14-day withdrawal from distance contracts.
What the Consumer Protection Act (Zakon o zaštiti potrošača) covers and whom it applies to
Zakon o zaštiti potrošača governs the rights and duties of consumers, the ways those rights are protected, out-of-court resolution of consumer disputes and the powers of public bodies (Art. 1). A consumer is an individual who acquires goods or services for purposes outside their business activity. A trader is a legal entity, sole trader or individual acting on the market within their business activity (Art. 5).
The Act therefore does not apply to a purchase between two companies, or to a purchase from another individual who is not acting as a trader. Those relations are governed by Zakon o obligacionim odnosima (Law on Contracts and Torts). If the relationship between consumer and trader is governed by a special statute aligned with European Union law, that special statute applies (Art. 4). The provisions of the Act are mandatory: a consumer cannot waive in advance the rights the Act gives them.
Official citation: Zakon o zaštiti potrošača (Sl. glasnik RS, No. 35/2026). The Act is new and has not been amended so far. It has applied since 2 August 2026 and replaced the Consumer Protection Act in No. 88/2021. If you come across article numbers online that do not match these, you are probably reading a text about the old Act.
How the Act is structured
The Act has 220 articles in eighteen chapters. The most important for consumers are:
- I Introductory provisions (basic rights, definitions, price display)
- II Consumer information and education
- III Unfair commercial practices (deceptive and aggressive practices)
- IV Distance contracts and off-premises contracts (Art. 27 onwards)
- V Unfair contract terms (Art. 43 onwards)
- VI Sales contract: delivery, conformity, commercial guarantee, complaints (Art. 48-63)
- VIII Liability for defective products
- IX Digital content and digital services (Art. 73 onwards)
- X Service contracts
- XI Services of general economic interest: electricity, gas, heating, water, telecommunications (Art. 104 onwards)
- XII Package travel and timeshare
- XIV Consumer complaints and out-of-court dispute resolution (Art. 169 onwards)
- XV-XVII Protection of collective interests, supervision and penalties
The most searched provisions: complaints, conformity, withdrawal
Price display (Art. 6). The trader displays the selling price and the unit price in an unambiguous, legible and easily noticeable way, and publishes a price list in digital form on its website.
Pre-contractual information in distance selling (Art. 27). Before the contract is concluded, the trader informs the consumer of its identity and address, the total price, delivery costs and the right of withdrawal.
Withdrawal within 14 days (Art. 29-38). Applies to distance and off-premises contracts. On withdrawal, the contract is deemed never to have been concluded (Art. 34). The trader also refunds delivery costs, except additional costs where the buyer chose a delivery more expensive than the cheapest one offered. The refund may be withheld until the trader receives the goods or proof that they were sent.
Ban on direct marketing without consent (Art. 39). Marketing by telephone, fax or e-mail without the consumer's prior consent is prohibited.
Unfair contract terms (Art. 43-46). Unclear terms are interpreted in the consumer's favour. A term that, contrary to good faith, creates a significant imbalance to the consumer's detriment is void.
Delivery (Art. 48 and 51). Leaving a parcel outside the door does not count as proper delivery. If the trader does not deliver even within an additional period, the contract is terminated and the money is refunded within five days at the latest.
Conformity of goods (Art. 53-59). Remedying a lack of conformity is free of charge for the consumer. The trader bears the costs of labour, materials and transport. A contract term that excludes or limits the trader's liability for lack of conformity is void.
Commercial guarantee (Art. 61 and 62). A manufacturer's or trader's guarantee is an addition and does not affect statutory liability for lack of conformity. The guarantee document is handed over on delivery at the latest.
Complaint (Art. 63). It can be made orally in the shop, by telephone, in writing or electronically, with the receipt or other proof of purchase, for example a card slip or a copy of the receipt. The trader may not charge for establishing the lack of conformity, nor make the complaint conditional on keeping the packaging. The trader keeps the complaints register for at least two years.
Suspension of utility and similar services (Art. 107). A trader may suspend a service of general economic interest if the consumer does not pay current obligations within two months of the due date, after a prior warning in written or electronic form and a call to settle the debt within a period of no less than 30 days. While a bill is being disputed in court or out-of-court proceedings and current bills are being paid, suspension is not allowed.
Complaints under the Consumer Protection Act: the complaint deadline and the procedure step by step
Deadline for a complaint (rok za reklamaciju). The trader is liable for a lack of conformity that appears within two years of delivery. You must notify the trader within two months of noticing the defect, and no later than two years from delivery. For second-hand goods a shorter period may be agreed, but not less than one year. These periods do not run while the trader is repairing the defect (Art. 59).
Who has to prove what. If a defect appears within one year of delivery, it is presumed to have existed at delivery, and the trader must prove otherwise. After the first year that statutory presumption no longer applies (Art. 59).
How to complain. Orally at the point of sale, by telephone, in writing, electronically or on a durable medium, with the receipt or other proof of purchase. The trader must clearly display where complaints are accepted, may not charge for assessing the defect and may not insist on the original packaging (Art. 63).
The trader's deadlines. An answer within eight days of receipt, containing the decision, reasons if the complaint is refused and a proposal for how and when it will be resolved. Resolution within 15 days of filing, or 30 days for technical goods and furniture. An extension is possible only once, with the consumer's consent (Art. 63).
After a refusal. The trader must inform you about out-of-court dispute resolution and the competent bodies. If the complaint fails, you can start out-of-court proceedings or go to court (Art. 63 and 173).
For purchases made before 2 August 2026, the rules of the previous Act (No. 88/2021) apply, and its article numbers are different.
Where to read the official text
The official text is published by the Legal Information System of the Republic of Serbia: pravno-informacioni-sistem.rs, by searching for the title "Zakon o zaštiti potrošača" and number 35/2026. The withdrawal form and the list of out-of-court dispute resolution bodies are published by the ministry in charge of consumer protection. For purchases before 2 August 2026, check the rules of the Act in No. 88/2021, which differ in some details.
Sources
- Consumer Protection Act (Zakon o zaštiti potrošača, Sl. glasnik RS No. 35/2026), Art. 4, 6, 59, 63, 173, 215, 219 and 220
- Paragraf daily news, 8 June 2026: application of the Consumer Protection Act starts on 2 August 2026 (paragraf.rs)
What to do
- A consumer may withdraw from a distance or off-premises contract within 14 days, without giving reasons (Art. 29). For goods the period runs from receipt of the goods, and for services from conclusion of the contract (Art. 30).
- If the trader did not inform the consumer of the right of withdrawal, the period is extended by 12 months (Art. 30).
- After withdrawal the trader refunds all payments within 14 days of receiving the withdrawal statement, and the consumer returns the goods within 14 days of sending the statement (Art. 35 and 36).
- The trader delivers the goods without delay, and within 30 days of concluding the contract at the latest, unless otherwise agreed (Art. 48).
- The trader is liable for a lack of conformity that appears within two years of delivery; for second-hand goods a shorter period may be agreed, but not shorter than one year (Art. 59).
- If the lack of conformity appears within one year of delivery, it is presumed to have existed at the time of delivery, and the trader must prove otherwise (Art. 59).
- The consumer notifies the trader of the lack of conformity within two months of becoming aware of it, and no later than two years after delivery (Art. 59).
- The trader responds to a complaint within eight days of receipt, and resolves it within 15 days, or 30 days for technical goods and furniture, of the complaint being filed (Art. 63).
- The consumer replies to the trader's response within three days of receiving it; during that time the period for resolving the complaint does not run (Art. 63).
- Out-of-court resolution of a consumer dispute lasts at most 90 days from the filing of the proposal, with a possible extension of up to a further 90 days in complex cases (Art. 173).
FAQ
Which Consumer Protection Act is in force in Serbia in 2026?
The new Consumer Protection Act was published in Sl. glasnik RS, No. 35/2026. It entered into force on 1 May 2026 and has applied since 2 August 2026. From 1 May 2026 only Art. 4(1) and Art. 6 (price display and publication of price lists) applied. On the date application began, the Act in No. 88/2021 ceased to be valid (Art. 219 and 220). Proceedings started before that date are completed under the earlier rules (Art. 215), so the old Act is relevant for purchases and complaints from the earlier period.
What is the deadline for a complaint (reklamacija)?
A complaint for lack of conformity can be made while the trader's liability lasts, which is two years from delivery of the goods, provided the trader is notified within two months of your noticing the lack of conformity (Art. 59 and 63). The trader must accept the complaint, issue a confirmation of receipt and respond within eight days.
Can I return goods bought online?
Yes, for distance contracts the Act provides for withdrawal within 14 days of receiving the goods, without giving reasons (Art. 29 and 30). The statement is made on the withdrawal form or in another unambiguous way, and is timely if sent within the period. Exceptions include, among others, goods made to the buyer's specifications, perishable goods, unsealed goods that cannot be returned for hygiene reasons, and unsealed audio and video recordings and software (Art. 38). For in-store purchases this statutory right does not exist; returning goods that are in order then depends on the trader's policy.
What does it mean that goods do not conform to the contract?
Goods conform when they meet what was agreed (description, quantity, quality, purpose) and what can reasonably be expected of such goods, when they are properly installed and when no third-party rights attach to them (Art. 53). A fault arising from a cause that existed before delivery is a lack of conformity, even if it appears later (Art. 55).
Do I choose between repair, replacement and a refund?
The consumer chooses between repair and replacement (Art. 56). A price reduction or termination of the contract may be sought if the trader has not remedied the lack of conformity, refuses to remedy it, or the lack of conformity is significant (Art. 57). If the lack of conformity appears in the first 30 days after delivery, the consumer chooses straight away between replacement, price reduction and termination. After a first repair, a further repair is possible only with the consumer's express consent. The contract cannot be terminated for a minor lack of conformity.
What if the trader rejects the complaint?
The trader must give reasons for the rejection and refer you to out-of-court dispute resolution (Art. 63). Proceedings before an out-of-court consumer dispute resolution body can be started only if you previously made a complaint, and the trader is obliged to take part (Art. 173). A grievance can also be reported through the National Register of Consumer Complaints (Art. 169), and court protection remains available.
How does a complaint (reklamacija) work under the Consumer Protection Act, and how fast must the trader resolve it?
You can complain orally in the shop, by telephone, in writing or electronically, with the receipt or other proof of purchase. The trader must accept the complaint and immediately confirm receipt or give you its reference number. Within eight days of receipt at the latest, the trader answers in writing or electronically whether it accepts the complaint, with reasons if it refuses. The complaint must be resolved within 15 days of filing, or 30 days for technical goods and furniture. You have three days to respond to the trader's proposal; if you do not, you are deemed not to agree. The deadline can be extended only once and only with your consent (Art. 63).