[ad_1]
All other pairs of shoes purchased in our market, and even that of reputable manufacturers, are advertised by consumers due to a defect. This is one of the biggest consumer problems in Serbia, as evidenced by the large number of complaints that have reached the National Organization for Consumer Protection NOPS over the years. The reason, they say, is that when importing products, there are no established standards that prescribe adequate quality. Buyers complain and merchants generally reject those complaints, explaining that “the footwear has mechanical damage, was used or maintained improperly.” From that point on, they say in NOPS, consumers enter a vicious cycle of proving that the non-conformity in the product was not their fault, but that the quality is obviously poor.
– Then they contact us, so that the association negotiates with the merchant, tries to resolve the dispute, documents are presented to them, shoes are sent for expertise … Of course, this all sounds too complicated for consumers, so who usually give up everything, although there are those who already go to court – Mladen Alfirović, NOPS legal advisor, says for the Consumer
He points out that this organization has been advocating for years for stricter control, definition and adoption of quality standards that would be binding on traders.
– However, nothing is being done. I think only competition can solve that, because the presence of the main European retail chains of sportswear and shoes offering satisfactory quality would certainly change this situation – says Alfirović adding that they continuously advise consumers on how to solve the problem of complaints rejected, but that’s not enough. .
What customers who are not satisfied with the response to the submitted complaint should know and how to solve the problem, they explain to the Consumer in this organization. As they say, it all depends on how long it has been since the purchase. If a discrepancy appears in the footwear or clothing (it is sewn, the sole is removed, etc.) in the first six months from the purchase, it is considered by law that the product was sold with the indicated defect.
– Thus, if the damage observed in the first six months of purchase is reported and the complaint is rejected, the merchant has the obligation to professionally explain said decision and demonstrate that the consumer (incorrect handling, improper maintenance, etc.) is responsible for the default. “Professional handling” of footwear and clothing implies its habitual, habitual use and that there has been no mechanical damage to it, while “proper maintenance” means maintenance and cleaning of the footwear in accordance with the declaration – explains NOPS legal advisor.
As you point out, most traders (allegedly) send footwear and clothing to institutions that issue expert opinions (most often “Jugoinspekt”, “Tekstilinspekt”, CIS, “Profilab”), and in that way they explain their negative decision, though, he says. Alfirović, experience shows that footwear often does not reach any institution, but answers and explanations are formed on the spot, in a retail facility.
– These expert opinions are not binding on the seller and the seller does not have to act according to them, but it is more important that none of the aforementioned institutions is accredited for the quality control of footwear and clothing, although these opinions are usually given by technologists who know the production process. They assume the cause of the damage, but that is only a piece of information in the complaint resolution process – he points out.
From that moment on, the consumer is obliged to prove that he is not guilty of the defect. The most reliable evidence is undoubtedly a judicial experience, but buyers generally turn to one of the consumer protection associations, which also takes action in accordance with the law, be it an agreement with a merchant or the initiation of a lawsuit.
The NOPS says that there is no accredited laboratory in our country that is certified for the quality control of clothing, shoes and textiles, that is why they have been insisting that this be changed for years.
– When clothes or shoes are advertised six months after the purchase, the seller has no obligation to explain his decision and it is enough to write that the complaint is rejected. The burden of proving the cause of the deficiency passes immediately to the consumer and the process continues as in the previous case, explains Mladen Alfirović.
What does the market inspection do?
– This inspection does not solve the consumer’s problem. Its competence is to verify the formalities prescribed by law, such as how to respond to the complaint, compliance with the procedure relating to complaints, but also the deadlines for responding and resolving the complaint. Although they do not directly resolve the consumer’s problem, often the omission found by the inspection is an aid for the consumer association to more easily resolve the dispute with the merchant.
[ad_2]
