WELCOME TO BUSINESS
TERMS & CONDITIONS PAGE
Introduction
Welcome to CLICKER! These Terms of Use ('Terms') govern your access to and use of the CLICKER mobile application (hereinafter: 'the App'), operated by CLICKER ('we', 'us', 'our'). The App facilitates the connection between users ('Users') and service providers ('Service Providers') for booking and payment of services and products at discounted rates. By accepting these Terms, both users and business partners agree to enter into a legally binding agreement with CLICKER. This agreement defines the rights and obligations of all parties in accordance with the applicable laws of the Republic of Serbia, including the Law on Obligations. If you do not agree with these Terms, you are not permitted to access or use the App. Partners For the purposes of these Terms, 'Partners' refers to any entity that directly or indirectly controls, is controlled by, or is under common control or collaboration with CLICKER. This includes but is not limited to, subsidiaries, parent companies, joint ventures, and other corporate entities under shared ownership with CLICKER. CLICKER does not set the pricing of products and services available through the App; this responsibility lies solely with the respective providers.
Use of the CLICKER App
The CLICKER app enables Users to browse, book, and pay for services and products offered by Service Providers at discounted, promotional, and/or last-minute prices. Users must create an account to access the App’s features. During registration, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. By using the App, you agree to do so solely for lawful purposes and in compliance with these Terms. By accessing and using the CLICKER app, you acknowledge that our Partners may manage certain aspects of the App and/or the services offered. CLICKER functions solely as an intermediary platform and is not responsible for the actions, products, services, or content of its Partners. Furthermore, CLICKER disclaims any liability for direct, indirect, incidental, consequential, or special damages arising from or related to the use of the App. This includes but is not limited to, data loss, loss of profits, or business interruption, even if CLICKER has been informed of the potential for such damages. By using the App, you agree to indemnify and hold CLICKER harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your violation of these Terms or your use of the App. If you do not agree to these Terms, you may not access or use the App.
User Eligibility and Account Security
Who Can Use the CLICKER App? The services provided by CLICKER are intended exclusively for individuals and/or legal entities who are at least 18 years old. By creating an account and using the services, both Users and Service Providers confirm that they meet this age requirement. This provision ensures compliance with data protection regulations, including the European Union’s General Data Protection Regulation (GDPR) and the Personal Data Protection Law of the Republic of Serbia, while also promoting responsible use of our platform. Users who do not meet the minimum age requirement of 18 are not permitted to use the App or create an account. CLICKER reserves the right to suspend or terminate any accounts found to be created or used in violation of these Terms, as well as to take appropriate legal action against individuals who breach this provision. Account Security When creating an account, you are required to provide accurate, up-to-date, and complete information. You are solely responsible for maintaining the confidentiality of your username and password, as well as for all activities conducted under your account. If you suspect any unauthorized access or use of your account, you must notify CLICKER immediately. CLICKER is not liable for any loss or damage resulting from unauthorized use of your account. We strongly recommend taking all necessary precautions to protect your data, including regularly updating your password and using strong, unique passwords that are not shared across other platforms. By using the App, you agree to: • Provide accurate, current, and complete information about yourself during the registration process. • Maintain and promptly update your account details to ensure their accuracy and completeness. • Secure your account and remain responsible for all activities conducted under your account. • Notify us immediately of any unauthorized use of your account or any other security breach. CLICKER reserves the right, at its sole discretion, to deny registration, suspend an account, or restrict access to the App without prior notice in the event of a violation of these Terms or any applicable laws of the Republic of Serbia. If you do not agree to these Terms, you may not access or use the App.
Booking and Execution of Services via CLICKER - Reservations and Payments
Service Reservations The services listed in the App are subject to availability and can be booked by Users who wish to take advantage of the discounted, promotional, and/or last-minute offers provided by Service Providers. The availability of services and their pricing are determined solely by the Service Providers and may change at any time. Service Offerings Service Providers offer a variety of services that can be booked and paid for through the CLICKER app. These services may include but are not limited to wellness treatments, dining experiences, entertainment activities, courses, and other special offers All services are available at prices that may be lower than standard market rates or as last-minute deals that are available for immediate booking. CLICKER does not guarantee that service prices will always be lower than market rates or lower than those offered directly by the Service Providers at their physical locations. Service Booking Process Users can browse available services in the App and make a reservation for their desired service directly through the platform. When booking a service, Users will receive detailed information, including the price, terms of use, availability, and any additional details provided by the Service Provider. Once the User confirms the reservation, they will receive a confirmation via email or an in-app notification containing all relevant details about the booked service. Payment for Services Payments for services booked through the CLICKER app are processed by a third-party payment service provider, MONRI WSPay (MONRI Payments d.o.o. Zagreb, Ulica grada Vukovara 269F, OIB: 82551932122) ('MONRI'). By using the App to book services, Users agree to be bound by MONRI’s terms of use and privacy policy, which govern the processing of all payments. By clicking “Accept” during the payment process, Users confirm that they have read, understood, and accepted MONRI’s terms and privacy policy. CLICKER does not store or have access to your payment card details. All payment data is securely processed and stored by MONRI in compliance with the highest data protection standards. Payments in the CLICKER app can be made using the following credit and debit cards: VISA, Maestro, MasterCard, and DinaCard, provided they support online transactions. Payments via card are processed in collaboration with MONRI WSPay, PaySpot d.o.o. Novi Sad (Branimira Ćosića br.2/II/201B, Novi Sad, PIB: 109296534) and Banca Intesa AD Beograd (Milentija Popovića 7b, 11000 Belgrade, Company Registration Number: 7759231). Transactions are carried out securely and certified via Banca Intesa’s e-commerce payment system and Payment Gateway, requiring a simple entry of card details. Payment Process Once the User enters their card details and confirms the payment, the bank will authorize the transaction, approve the payment, and proceed with further processing.The transaction amount will be reserved on the User’s card (account) and unavailable for other purposes. The transaction will be finalized, and the amount will be debited from the User’s account in accordance with these Terms and the App’s usage policies. Currency Conversion Statement All payments will be processed in the local currency of the Republic of Serbia — Serbian dinar (RSD).Prices displayed in other currencies are for informational purposes only, based on the official exchange rate of the National Bank of Serbia.The final charge on your payment card will be converted into your local currency at the exchange rate used by your card issuer.Since this exchange rate is determined by the card network and is not known to us at the time of the transaction, minor differences between the listed price and the final charge may occur due to currency conversion. CLICKER ensures a secure transaction environment using state-of-the-art encryption and security protocols to protect both personal and payment data. The App and all data transfers are safeguarded through advanced technical and electronic security measures. CLICKER has partnered with a certified payment service provider to guarantee safe and compliant online transactions. All payment details, including card numbers, are processed and stored securely following the Payment Card Industry Data Security Standard (PCI DSS). This ensures that Users’ sensitive information remains protected at all times. Failed Payments and Service Cancellations Failed Payment Transactions If payment is not successfully completed — meaning the amount is not debited from the User’s account within 14 days of order acceptance — the order will be automatically canceled and deleted. After this period, any funds that were reserved on the User’s account will be released and made available again. Users can then place a new order or reattempt payment for the same or a different service. Service Cancellations and Refund Policy Users may cancel a reserved service at any time before the scheduled appointment, subject to the following refund policies: • Full Refund: Users who cancel a service at least 24 hours before the scheduled appointment are eligible for a full refund, minus any applicable processing fees. • No Refund: Users who cancel a service less than 24 hours before the scheduled appointment are not eligible for a refund, and processing fees may still apply. Refunds, minus applicable processing fees, will be processed by MONRI and issued via the same payment method used for the original booking.The refund processing time may vary depending on the User’s bank or card issuer. Cancellations for Last-Minute Services Services booked under the 'Last Minute' category cannot be canceled as they are scheduled for execution within the next 48 hours. Payment Security Users should verify with their card-issuing bank whether their card supports online payments.When entering payment card details, sensitive information is securely transmitted over a public network in encrypted form using SSL (Secure Sockets Layer) protocol and advanced tokenization methods for sensitive data, fully compliant with PCI-DSS (Payment Card Industry Data Security Standard). During transactions, payment card details are only accessible to MONRI WSPay and its payment processing partners, who adhere to the highest global standards for data security and privacy. CLICKER, as a Payment Gateway user (Monri-WSPay d.o.o.), is automatically enrolled in 3D-Secure protection, ensuring a safe and secure payment experience for Users. CLICKER does not store Users' card numbers; all payment data entry is secured through SSL encryption. The AllSecure Payment Gateway is continuously updated to comply with all card network security requirements, enhancing data protection and security. All cancellation requests must be submitted via the App. Users are encouraged to review the cancellation policies of individual Service Providers before making a reservation, as certain services may have specific conditions that could affect refund eligibility. By using the App, Users agree to pay for the services they book, including all applicable taxes and fees as displayed at the time of booking. The cancellation and refund policies for booked services are determined by these Terms, as well as any additional conditions set by the Service Providers, which Users must review before completing a booking. Commission Charged to Business Partners Commission Fee (12% of the Price of Each Reserved Service or Product) To provide a platform for your business presentation, as well as implementation, execution, and promotional services, CLICKER charges a commission fee of 12% on the price of each successfully reserved service or product. For clarification, a 'reserved service or product' refers to any service or product for which the reservation process has been successfully completed through CLICKER. Once this reservation is finalized, CLICKER no longer has further involvement in the relationship between the User and the Service Provider. Commission Calculation Base The commission is calculated based on the final price of the service or product, excluding delivery costs. The commission amount is automatically calculated and invoiced on a monthly basis for all sales completed in the previous month. Invoicing and Payment You are solely responsible for reporting your earnings. CLICKER will send an invoice via email for all transactions completed during the billing period. • Invoices are due for payment within 14 days from the issue date. • In case of non-payment within the specified deadline, CLICKER reserves the right to initiate debt collection procedures and automatically terminate the partnership. Cancellation and Commission Refunds If a reservation is canceled or if there is a dispute with a User, you may request CLICKER to review the communication history between you and the User. • Following the review, a commission refund may be approved, if deemed justified. • Any approved refunds will be processed as a credit note and applied before the next monthly billing cycle. Liability for Contract Fulfillment CLICKER does not have the right or obligation to verify whether a contract between a User and a Service Provider has been fulfilled. • If a reservation is successfully completed through CLICKER but the contract is not fulfilled, the Service Provider must inform CLICKER and provide evidence of non-fulfillment. • However, as previously stated, CLICKER reserves the right to independently determine whether the Service Provider is eligible for a refund of the charged commission. Modifications and Updates CLICKER reserves the right to modify or update these commission terms at any time. • Any changes will be communicated via email or an in-app notification. • By continuing to use the platform after these updates, you agree to the revised commission terms. Business Account Deactivation Due to Repeated Cancellations To ensure reliability and trust for our Users, CLICKER enforces a strict policy regarding repeated service cancellations by Business Partners. If a Business Partner cancels 5 consecutive scheduled services, their account will be automatically deactivated due to a failure to fulfill contractual obligations. CLICKER reserves the right to: • Temporarily or permanently restrict access to the platform for businesses that repeatedly fail to provide booked services. • Withhold commission refunds for services that were canceled by the business without a valid justification. • Deny future partnerships with businesses that have a record of unreliability. Business Partners are expected to maintain a high level of professionalism and reliability, ensuring that Users can book services with confidence. Repeated cancellations undermine trust in the platform and negatively impact the user experience. If a Business Partner believes their cancellations were due to unforeseen circumstances, they may contact CLICKER for a case review. However, CLICKER retains full discretion in determining whether an account will be reinstated.
Purchasing Products via CLICKER - Buyer and Seller Relationship
CLICKER operates as a platform that connects Buyers and Sellers, facilitating the process of purchasing and selling services and products. However, CLICKER is not an online store, nor is it a seller or manufacturer of any products listed for sale. As such, CLICKER does not assume responsibility for product compliance, warranties, complaints, exchanges, or any damages that may arise in connection with the sales contract between the Buyer and Seller, including the delivery of the purchased product. While we do not directly oversee the quality of products offered by Sellers, we are committed to ensuring a safe and reliable environment for our users. In the event of any issues or disputes, we encourage Buyers to contact us, and we will assist in resolving matters in collaboration with the Sellers. As an intermediary in e-commerce, CLICKER facilitates transparent communication between Buyers and Sellers. Sellers receive notifications about Buyers' interest in their products or services, while Buyers receive order confirmations once the Seller approves the purchase. Our goal is to ensure an efficient and reliable transaction process for both parties, but we are not responsible for the fulfillment of contractual obligations between the Buyer and Seller. Delivery terms, return policies, and other sales-related conditions are determined by each Seller individually and are outlined in their specific store policies within our platform. CLICKER does not participate in the product delivery process and, therefore, cannot be held responsible for any issues that may arise during delivery, including delays, incomplete or incorrect shipments, or damages resulting from such circumstances. However, we actively encourage Sellers to maintain high service standards and support Buyers in resolving any potential issues in collaboration with the Sellers. Product Description and Sales Price The product description, including its key features and selling price, is displayed next to each product image. Information about the Seller is also available within the App. It is the Seller’s responsibility to provide a detailed and accurate product description to ensure that consumers receive the necessary information before making a purchase. CLICKER does not guarantee that all product details and images on the platform are 100% accurate, error-free, or completely reliable. If the delivered product does not match the description on the platform, the Buyer has the right to submit a complaint in accordance with applicable regulations. In accordance with the Law on Trade, the Seller is required to clearly, visibly, and legibly display the selling price next to the product image or description and adhere to the listed prices and sales terms. All product prices displayed on the platform are final and include VAT. Prices are listed and charged in Serbian dinars (RSD). Shipping costs are determined by each individual Seller’s terms and conditions and are displayed separately. Product Purchase Process on the CLICKER Platform The Products section within the CLICKER app features items available for purchase. Sellers determine the quantity of products each User can buy. When a User selects a product, it is added to their Shopping Cart. Once all desired products are selected, the User proceeds to the Cart to review their chosen items. Order Confirmation & Payment • Users review and confirm the selected products in the Cart. • By clicking the confirmation button, the User initiates the payment process. • Upon confirmation, the User is directed to the payment details entry page. • Currently, CLICKER only accepts payments via credit and debit cards issued by commercial banks. • Users enter their card details, after which the transaction is authorized. • Once the payment is successfully processed, the User receives a confirmation email or an in-app notification verifying the successful transaction. During the purchase process, the Buyer acknowledges and agrees to the General Terms and Conditions, Pre-Contractual Information, and Privacy Policy. Upon completing the order, the Buyer will receive an order specification via email, which may include both products and booked services. This email acknowledges that the order has been processed but does not constitute a legally binding sales contract. Order Confirmation & Contract Formation • Once the Seller confirms product availability in their inventory or when a courier collects the product for delivery, the order is formally confirmed. • The Buyer will receive an invoice via email, marking the completion of the sales contract. • In certain cases, as per CLICKER’s platform policies, the invoice may be included with the shipment and delivered along with the product. • If a product is out of stock, the Buyer will be notified. CLICKER is not liable for any inconvenience resulting from a product being unavailable at the time of purchase. Age-Restricted Products Certain products available on the CLICKER platform may be restricted to adult buyers (18+ years old). If an item is age-restricted, the Buyer must confirm they are of legal age before placing an order. • Minors are not permitted to purchase or receive age-restricted products. • CLICKER is not responsible if a minor successfully purchases an age-restricted item through the platform. • Sellers and couriers may request proof of age upon delivery, and failure to provide valid identification may result in order cancellation. Payment for Products on the CLICKER Platform Users can pay for products purchased on the CLICKER platform using the following payment methods: • Payment card (DinaCard, Visa, MasterCard, Maestro, American Express) If the User selects card payment, they must enter their payment card details in a secure, encrypted form on the designated payment page. Once the transaction is successfully processed, the User will receive confirmation that the funds have been reserved for the order. By accepting these General Terms and Pre-Contractual Information, the User agrees that their funds will be reserved at the time of order placement and that their payment card will be charged for the final purchase amount upon transaction completion. Registered users have the option to save their payment card details for future purchases. Payment card details are stored securely in an encrypted format and are not accessible to third parties during the payment process. CLICKER does not store or have access to Users' payment card details at any time, even when a registered User opts to save their card for future transactions. When entering payment card details, sensitive information is transmitted over a public network in a protected (encrypted) format using SSL (Secure Sockets Layer) protocol and PKI (Public Key Infrastructure) System, the most advanced cryptographic technology available. This ensures that all payment transactions on the CLICKER platform are safe, encrypted, and compliant with the highest security standards. Transaction and Funds Transfers Payment Processing on the CLICKER Platform By making a purchase on the CLICKER platform, the User agrees to the terms of payment processing as defined in this section, which includes the acceptance of payment cards and the execution of payment transactions. Payment transactions on the platform are facilitated by the following payment service providers: • Banca Intesa ad Beograd (Milentija Popovića 7b, Novi Beograd, MB: 07759231, PIB: 100001159) (hereinafter: 'the Bank') • MONRI Payments d.o.o. Beograd (Ulica Milutina Milankovića 19G, 11000 Beograd, MB: 21903035) (hereinafter: 'MONRI') The Bank's role in payment processing includes the acceptance of cashless card payments from Users on the CLICKER platform via the Bank's electronic payment channels. Once a transaction is authorized, the Bank transfers the funds from the User’s payment to a designated account held by MONRI at the Bank. This transfer is completed on the next business day following the card transaction authorisation. The role of MONRI, as an electronic money institution, is to receive and further transfer funds from its designated user protection account (held at the Bank) to the payment accounts of the recipients, which include Sellers, the CLICKER platform, and courier services. Payment transactions are executed based on the transfer instructions provided by CLICKER to MONRI, in accordance with the User's payment order and the specific terms of the purchase transaction. The funds transferred to the Seller’s account are reduced by CLICKER’s commission, which represents the platform’s service fee for facilitating the sale. This commission is agreed upon with the Seller under the Intermediation Agreement for the Sale of Goods and Services, which is clearly displayed on the platform. As part of the card payment acceptance and transaction execution process, funds received from Users via cashless payments are first transferred to MONRI’s protected user account at the Bank, ensuring compliance with fund protection regulations before they are further distributed to the payment recipients. By making a payment on the CLICKER platform, the User explicitly agrees that their payment will first be deposited into MONRI’s designated account before being distributed according to the CLICKER platform’s allocation instructions. These instructions determine fund transfers to: • The Seller, as payment for the purchased goods/services • CLICKER, as the commission and service fee for platform intermediation Funds are transferred by MONRI in accordance with CLICKER’s transfer instructions, which are generated based on the User’s payment order and the terms of the completed sales transaction. To facilitate payment transfers to Sellers and couriers following the successful delivery of a product, CLICKER provides MONRI with transactional details, including Buyer and Seller identification, payment account details, transaction amount, payment date, and refund requests if applicable. CLICKER is responsible for ensuring the accuracy of this information before submitting it to MONRI. The User agrees that CLICKER, on their behalf, will coordinate with Sellers and MONRI to resolve any disputes related to payment execution, incorrect transaction details, and other payment-related issues. The fund transfer to the Seller’s payment account is processed on the next business day once the conditions for the funds transfer are met. These conditions include: • MONRI has received the payment amount from the Bank based on the card transaction authorization. • CLICKER has issued MONRI the necessary instructions to transfer funds to the Seller, based on the Buyer’s payment order and transaction terms. If, during the period when funds are still held in MONRI’s account (i.e., before being transferred to the Seller), a refund request is initiated due to order cancellation, a valid complaint, or a lost/damaged package, CLICKER will initiate an accelerated refund process to prioritize consumer protection and a positive user experience. Once the funds have been transferred to the Seller’s account, the Seller is responsible for processing any refunds in accordance with legal requirements. Upon receiving funds in their payment account, the Seller receives the total amount of the transaction, minus the CLICKER platform commission, which represents the service fee for facilitating the sale on the platform. Refund Policy In the event of a refund — whether partial or full — due to reasons such as complaints, order cancellation, failed delivery, or any other valid cause, the refund will be issued to the same payment card or bank account used for the original transaction, with the User’s prior consent. To process a refund, the User may be required to provide their bank account details to CLICKER. Personal data related to refund processing is handled in accordance with our Privacy Policy, which is available on the platform. Invoice Delivery By providing their email address, the User agrees to receive order details, invoices for purchased products, and other documents related to the sales contract, such as the General Terms, Pre-Contractual Information, and Withdrawal Request Form, electronically. Sellers are responsible for issuing and delivering fiscal invoices and other legally required documents, and CLICKER does not assume responsibility for their distribution. In some cases, as determined by the processes established on the CLICKER platform, the Seller’s fiscal invoice may be included as a printed document within the shipment along with the purchased products. The User acknowledges and agrees that they may receive a printed fiscal invoice instead of an electronic one in certain situations. Additionally, the User agrees to receive invoices for delivery services (shipping fees) electronically via email. CLICKER communicates with Users primarily via email, platform notifications, and other digital communication channels. In special cases, communication may also occur via phone. Users are encouraged to regularly check their email and CLICKER notifications to stay informed about their purchases, transactions, and any other relevant updates. Communication and Language of Communication The contract for a one-time payment transaction is concluded in Serbian. Throughout the contractual relationship, all communication will be conducted in Serbian, both verbally and in writing, including through electronic means of communication. The User has the right to request a copy of the one-time payment transaction order on paper or another durable data carrier at any time during the contractual relationship. CLICKER acts as an intermediary representing the User before the Institution responsible for processing payments. All communication and inquiries regarding the execution of payment transactions will be handled directly between CLICKER and the Institution, including matters related to transaction processing responsibilities. Delivery and Shipping Cost Calculation CLICKER acts solely as an intermediary between Buyers and Sellers and does not assume responsibility for product delivery. All delivery-related responsibilities, including shipping cost calculations, rest with the Sellers. Contact Information for Delivery Arrangements Once a Buyer completes a purchase on the CLICKER platform, the Seller will receive the Buyer’s contact information to arrange the delivery. It is the Seller’s responsibility to contact the Buyer and communicate all delivery details, including but not limited to delivery time, shipping method, and shipping costs. Seller Responsibilities • Organizing Delivery: The Seller must ensure the timely and proper delivery of the purchased product to the Buyer in accordance with the agreed terms. • Calculating Shipping Costs: The Seller is responsible for providing an accurate shipping cost calculation and informing the Buyer before finalizing the order. • Communicating with the Buyer: The Seller must promptly and clearly communicate with the Buyer regarding all delivery-related inquiries. Buyer Responsibilities • Coordinating Delivery: The Buyer is responsible for cooperating with the Seller to arrange delivery details. • Paying Shipping Costs: The Buyer must pay the agreed shipping costs as determined by the Seller. By purchasing on the CLICKER platform, the Buyer acknowledges that all delivery-related obligations lie with the Seller and that CLICKER is not responsible for any issues related to delivery scheduling, shipping fees, or delays. Limitation of Liability of the CLICKER Platform CLICKER serves solely as a marketplace intermediary and does not assume liability for any issues related to product delivery. Specifically, CLICKER is not responsible for: • Delayed, incomplete, or incorrect deliveries of products. • Any damages resulting from faulty or untimely delivery. Disputes between Buyers and Sellers regarding delivery arrangements. Both Buyers and Sellers are fully responsible for addressing any issues or disagreements related to product delivery. CLICKER facilitates communication between the parties by providing contact information, but it does not participate directly in the delivery process and bears no responsibility for delivery-related disputes.
Legal Responsibility of the Seller for Product Compliance
In accordance with the Consumer Protection Law, the Seller is responsible for ensuring product compliance for a period of two years from the date of product delivery. CLICKER, acting as a sales intermediary, does not assume any obligations arising from the Seller's legal responsibility regarding product compliance. Seller’s Liability for Non-Compliance The Seller is liable for any non-compliance of the delivered product with the agreed terms if: • The defect existed at the time of transfer to the Buyer, regardless of whether the Seller was aware of it. • The defect appeared after the risk was transferred to the Buyer, but resulted from a cause that existed before the risk transfer. • The Buyer could have easily noticed the defect, unless the Seller explicitly guaranteed that the product was compliant with the contract. However, the Seller is not liable for non-compliance if, at the time of purchase, the Buyer was aware or could not have been unaware that the product did not meet the contractual requirements. Legal Responsibility of the Seller for Product Compliance In accordance with the Consumer Protection Law, the Seller is responsible for ensuring product compliance for a period of two years from the date of product delivery. CLICKER, acting as a sales intermediary, does not assume any obligations arising from the Seller's legal responsibility regarding product compliance. Seller’s Liability for Non-Compliance The Seller is liable for any non-compliance of the delivered product with the agreed terms if: The defect existed at the time of transfer to the Buyer, regardless of whether the Seller was aware of it. The defect appeared after the risk was transferred to the Buyer, but resulted from a cause that existed before the risk transfer. The Buyer could have easily noticed the defect, unless the Seller explicitly guaranteed that the product was compliant with the contract. However, the Seller is not liable for non-compliance if, at the time of purchase, the Buyer was aware or could not have been unaware that the product did not meet the contractual requirements. What Constitutes a Compliant Product? A product is considered compliant with the contract if: • It matches the description provided by the Seller and possesses the same features as a sample or model shown to the Buyer. • It has the necessary qualities for the specific use intended by the Buyer, provided that this use was known—or should have been known—to the Seller at the time of the agreement. • It has the qualities necessary for regular use of goods of the same type. • Its quality and functionality meet what is commonly expected for goods of the same type and align with public promises made by the Seller, manufacturer, or their representatives, especially if such promises were made on the product packaging or through marketing materials. Consumer Rights in Case of Non-Compliance If the delivered product does not comply with the contract, the Buyer who has notified the Seller about the issue —either directly or through the CLICKER platform — has the right to request that the Seller remedy the non-compliance free of charge, either by repairing or replacing the product, or to request a price reduction or contract termination for that product. The Buyer has the right to choose whether the Seller should fix the non-compliance through repair or replacement. If repair or replacement is not possible, the Buyer has the right to request a price reduction or contract termination in the following cases: • The non-compliance cannot be remedied through repair or replacement, either at all or within a reasonable time frame. • The Buyer cannot exercise the right to repair or replacement, or the Seller has failed to complete the repair or replacement within a reasonable period. • Repair or replacement would cause significant inconvenience to the Buyer due to the nature and intended use of the product. • Remedying the non-compliance through repair or replacement would impose a disproportionate burden on the Seller. The Buyer’s rights are protected under consumer protection laws, and the Seller is obligated to address any valid claims regarding non-compliance in accordance with these regulations. Additional Consumer Rights A Buyer has the right to request a replacement, an appropriate price reduction, or to terminate the contract if the same or a different defect in the product appears after the initial repair. A second repair attempt is only possible with the Buyer’s explicit consent. If a non-compliance issue arises within six months from the date the risk transferred to the Buyer, the Buyer has the right to choose between replacement, price reduction, or contract termination. In such cases, repair is only an option if the Buyer explicitly agrees to it. Contractual Warranty A warranty is any statement made by the manufacturer, importer, or Seller that offers a promise regarding the product and is legally binding under the conditions stated in the warranty statement or advertisements related to the product. A warranty provides the Buyer with greater rights than those guaranteed by law. The warranty does not exclude or affect the Buyer’s rights related to product compliance with the contract. A warranty certificate is a document—provided in written or electronic form—that contains all information required under Article 53 of the Consumer Protection Law. If a product is sold with a warranty, the Seller is obligated to provide the Buyer with the warranty certificate. By accepting these General Terms and Pre-Contractual Information, the Buyer agrees that the warranty certificate for eligible products may be provided electronically via email. As an intermediary, the CLICKER platform does not assume any obligations arising from the warranty provider’s responsibility toward the Buyer under the terms of the warranty. All warranty claims must be directed to the manufacturer, importer, or Seller responsible for issuing the warranty.
Consumer Complaints
For products purchased through the CLICKER platform, the Buyer may file a complaint directly with the Seller from whom the product was purchased. CLICKER acts solely as an intermediary and does not assume responsibility for handling or resolving complaints. All claims, disputes, or requests for refunds, replacements, or repairs must be addressed directly to the Seller, who is responsible for resolving the complaint in accordance with applicable consumer protection laws. Complaint Procedure The Buyer must submit their complaint directly to the Seller using the contact information provided on the CLICKER platform. Complaints can be filed via email, phone, or any other method specified by the Seller for handling complaints. When submitting a complaint, the Buyer is required to provide proof of purchase, which may include a receipt, order specification, or payment confirmation. If applicable, the Buyer should also include photographs of the product to support their complaint. The Seller is responsible for processing the complaint in accordance with consumer protection laws and their own store policies. Grounds for Complaints A Buyer may submit a complaint to exercise their rights based on: • Non-compliance of the product with the contract • Contractual warranty claims • Incorrectly calculated prices • Damage to the shipment during transport Seller's Responsibility The Seller is responsible for handling complaints in accordance with the law and their business policies. The Seller must respond to a complaint within 8 days from the date of receipt. The Seller's response must include: • A decision on whether the complaint is accepted or rejected • A justification if the complaint is rejected • A statement regarding the Buyer’s request • A specific proposal and timeframe for resolving the complaint if it is accepted The Seller is legally obligated to process complaints fairly and efficiently, ensuring compliance with consumer protection regulations. Timeframes for Resolving Complaints If a Buyer’s complaint is accepted, the Seller is obligated to resolve it within: • 15 days from the date of submission for most products • 30 days for technical goods and furniture The Seller must ensure that the resolution process adheres to the applicable consumer protection laws and business policies. Rejection of Complaints If the Seller rejects a complaint, they must inform the Buyer about the available options for out-of-court dispute resolution and provide details on the competent bodies responsible for alternative consumer dispute resolution. This ensures that the Buyer is aware of their rights and possible legal recourse in the event of an unresolved dispute. Complaint Due to Non-Compliance A Buyer may submit a complaint regarding the non-compliance of a delivered product within two years from the date of delivery. The Buyer has the right to choose whether to request: • Repair or replacement of the product • A price reduction • Contract termination, in accordance with legal requirements Right to Replacement, Price Reduction, or Contract Termination If repair or replacement is not possible, the Buyer has the right to request a price reduction or contract termination in the following cases: • The non-compliance cannot be remedied through repair or replacement, either at all or within a reasonable timeframe. • The Buyer is unable to exercise the right to repair or replacement, or the Seller has failed to complete the repair or replacement within a reasonable period. • The repair or replacement would cause significant inconvenience to the Buyer due to the nature and intended use of the product. • Remedying the non-compliance through repair or replacement would impose a disproportionate burden on the Seller. Complaints Under a Contractual Warranty If a Buyer submits a complaint under a contractual warranty, they must contact the Seller as long as the Seller is still responsible for product compliance. Once the warranty period covered by the Seller expires, the Buyer must submit complaints directly to the warranty provider (manufacturer or importer). Important Notice All complaints related to legal or material defects, or non-compliance of products and services sold on the CLICKER platform are not considered financial complaints under the Law on Payment Services or the Law on the Protection of Financial Service Users. Such complaints are handled directly between the Buyer and the Seller in accordance with the laws governing the sale of goods and services.
Protection of Copyright, Related Rights, and Other Intellectual Property Rights
CLICKER holds exclusive copyright over the CLICKER application and its individual components, including but not limited to text, visual and audio elements, visual identity, data and databases, source code, and other proprietary content. Any use, reproduction, modification, or distribution of these copyrighted materials without prior written consent from CLICKER constitutes a copyright infringement, and CLICKER reserves the right to take all available legal measures to protect its rights. Users are not permitted to modify, reproduce, publicly display, perform, distribute, or otherwise exploit the platform’s content for public or commercial purposes. If a user wishes to use any content from the platform for purposes other than those explicitly permitted, they must contact CLICKER to obtain permission. Intellectual Property Rights of Third Parties The platform also contains content owned by third parties, including copyrighted materials and other intellectual property rights. These third parties bear sole responsibility for their respective content, even if it is hosted on the CLICKER platform. In accordance with the Law on Electronic Commerce and the Law on Advertising, CLICKER, as a conveyor of advertisements and provider of information society services, is not responsible for the content of transmitted messages because CLICKER: • Does not initiate the transmission of the message. • Does not select the data or documents being transmitted. • Does not modify or alter the content of the message or documents. • Does not choose the recipient of the transmission. User-Generated Content and Marketing Use If a user leaves a comment, review, rating, or uploads a photo related to a product or service on the CLICKER platform, they agree that CLICKER may use such content for marketing purposes. By accepting these General Terms and Pre-Contractual Information, the user grants CLICKER the right to use reviews, ratings, comments, and images in promotional materials, advertising campaigns, and other marketing activities. Prohibition of Platform Abuse Users accessing the CLICKER platform must refrain from any behavior that could be considered misuse. Any actions contrary to legal regulations, good faith, and fair business practices will be deemed abuse or prohibited conduct. Users of the platform are not permitted to: • Disrupt or disable any security features of the platform or any functions that prevent or restrict the unauthorized use or copying of available content. • Post or transmit any material that is threatening, defamatory, obscene, offensive, pornographic, or abusive. This includes content that could incite racial hatred, harassment, privacy violations, breaches of confidentiality, or discriminatory, threatening, or provocative comments. • Provide false personal information or misrepresent their identity. • Use someone else's personal data without consent or falsely claim to act on behalf of a third party, company, or organization. • Engage in any illegal or unlawful activities using the platform. • Modify, interfere with, intercept, or hack the platform with the intent of disrupting or disabling its functions. • Use specialized software to scrape, extract, or download content from the platform. • Exploit platform rules, purchasing terms, or promotional offers to gain an unfair advantage. • If it is determined that an order has been placed with the intent to abuse the platform, CLICKER reserves the right to cancel the order. In cases where a user violates any of these terms, CLICKER may: • Permanently or temporarily restrict access to the platform. • Take additional measures, including but not limited to reporting the violation to the relevant authorities. Receiving Commercial Messages Consumers who wish to receive notifications about the latest products, trends, and special offers on the CLICKER platform can subscribe to the CLICKER Newsletter through one of the following methods: • During registration, by selecting the option: 'I want to receive notifications about the latest products, discounts, promotions, and gifts (vouchers) via email and SMS/Viber/WhatsApp messages.' • Manually subscribing through the CLICKER platform's newsletter section. Consumers can withdraw their consent for receiving commercial messages at any time. The platform is obligated to regularly monitor and honor opt-out requests from users who no longer wish to receive such messages. CLICKER ensures compliance with data protection regulations by allowing users to easily manage their communication preferences. Dispute Resolution The contractual parties agree that the provisions of the General Terms and Pre-Contractual Information shall be interpreted in a manner that facilitates the fulfillment of contractual obligations for mutual benefit. In the event of any disputes arising during the contractual relationship, the parties commit to attempting an amicable resolution. If an agreement cannot be reached, the dispute shall be referred to the competent court in Belgrade, with the application of the laws of the Republic of Serbia. Out-of-Court Consumer Dispute Resolution In accordance with the Consumer Protection Law, the Buyer has the right to resolve disputes through an out-of-court dispute resolution process, as defined by the applicable legal provisions. This process provides an alternative method for resolving disputes between consumers and Sellers, aiming for a faster and more cost-effective resolution without court proceedings. Buyers are encouraged to explore out-of-court dispute resolution mechanisms before initiating formal legal action. Personal Data Protection Personal data refers to any information related to an identified or identifiable natural person, either directly or indirectly. This identification may be based on identity markers, such as name, identification number, location data, online identifiers, or one or more characteristics of the individual’s physical, physiological, genetic, mental, economic, cultural, or social identity. The processing of personal data includes any operation or set of operations performed on personal data, whether automated or manual. These actions include, but are not limited to: collection, recording, classification, grouping, structuring, storage, adaptation, modification, retrieval, consultation, use, transmission, dissemination, duplication, restriction, deletion, or destruction (hereinafter: processing). For detailed information regarding the collection, processing, and protection of your personal data, please refer to our Privacy Policy, which is available on the CLICKER platform.
Validity and Amendments to the General Terms and Pre-Contractual Information
These General Terms have been adopted and come into effect on [XXX]. CLICKER reserves the right to modify or amend these General Terms and Pre-Contractual Information in response to changes in business conditions or updates to the legal framework. If any provision of these General Terms and Pre-Contractual Information becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. CLICKER is obligated to inform consumers in a clear and accessible manner about any changes to the General Terms. For this reason, consumers are encouraged to periodically visit this webpage and check for any updates or modifications to the General Terms and Pre-Contractual Information since their last visit.