Terms of use

1.application and acceptance of the terms

1.1. These Terms are the only valid legal document governing the relationship between DTM Duck Retail d.o.o. (the “Seller”) and the Customer.

1.2. By confirming an order or registering, the Customer expressly accepts the Terms in the version in force at the time of confirmation. Without explicit acceptance (checkbox), the order cannot be completed. Data is processed in accordance with the Privacy Policy.

1.3. By using the website (including searching, browsing products, adding to the cart or any other interaction), you are deemed to be fully familiar with and to agree to these Terms of Use. If you do not agree with the Terms, please leave the site immediately and do not use our services. In the event of a conflict between these Terms and a separate contract or other individual agreement concluded between you and DTM Duck Retail d.o.o., that separate contract or agreement shall prevail.

1.4. Definitions: “Customer” or “User” means a natural or legal person who uses the website or purchases products/services. “Products” include physical and digital products, including subscriptions and digital content. “Services” include all additional services offered on the site (e.g. delivery, gift wrapping, customer support).

2.registration and user accounts

2.1. Registration is possible only when placing an order. When registering, you must provide accurate, complete and up-to-date information.

2.2. By using the site and ordering goods, you declare and warrant that: you use the site exclusively for searching and legally valid orders; you will not place false or misleading orders; the e-mail address, delivery address and other contact details provided are accurate, valid and complete. By confirming an order, you declare that you are at least 18 years old and have full legal capacity to enter into binding contracts.

2.3. You are responsible for keeping your password confidential and for all activities carried out through your account.

2.4. The rights and obligations of a user account may not be transferred to third parties without the prior written consent of DTM Duck Retail d.o.o.

3.ordering, conclusion of contract, prices and payment

3.1. The display of products on the website is an invitation to the Customer to make an offer to conclude a contract, not a binding offer by the Seller.

3.2. By choosing a payment method and clicking the “Confirm order” button, the Customer makes a binding offer to conclude a sales contract and assumes the obligation to pay. For card payments, payment is made on the next page after entering the card details.

The contract is deemed concluded only after the Seller sends a written electronic order confirmation (e-mail confirmation). Until the confirmation is sent, the Seller reserves the right to reject the offer received without having to give reasons, with a refund of any funds already paid in accordance with Art. 5.6 of these Terms.

For orders where payment is not made at the time the order is sent (e.g. cash on delivery), the e-mail confirmation referred to in the previous paragraph (which constitutes the Seller’s acceptance and the moment of conclusion of the contract) is sent only when the Seller reserves the goods and prepares the order for the chosen method of delivery or collection; until then, the Seller reserves the right to reject the offer without having to give reasons, in accordance with the previous paragraph.

Immediately upon receipt of the offer, the Customer will be sent an automatic message acknowledging receipt of the order, which does not constitute the Seller’s acceptance or the moment of conclusion of the contract. The final e-mail confirmation containing all the essential elements of the contract (subject, price, delivery details), which constitutes the Seller’s acceptance, will be sent after processing.

3.3. All amounts shown on the site are final for the customer. DTM Duck Retail d.o.o. is not a VAT payer, is not registered for VAT and is not in the VAT system.

3.4. Delivery costs and all other costs are shown in the cart before the order is confirmed.

3.5. Payment methods: payment cards, cash on delivery (if available) or, on request, bank transfer against a pro forma invoice. Payment is deemed made when the funds reach the account.

3.6. All payments will be made in the local currency of the Republic of Serbia – the dinar (RSD). The middle exchange rate of the National Bank of Serbia is used to display prices in other currencies for information purposes. The amount charged to your payment card will be expressed in your local currency through conversion at the exchange rate used by the card organisations, which cannot be known to us at the time of the transaction. As a result of this conversion, there may be a slight difference from the original price stated on our site.

3.7. Discounts, coupons and promo codes are valid only under the published conditions and cannot be combined unless expressly stated.

3.8. The Seller reserves the right to refuse or cancel an order, including after the conclusion of the contract in accordance with Art. 3.2 of these Terms, solely in the event of an obvious error in the price (e.g. RSD 50,000 shown as RSD 500) or description, unavailability of the goods, reasonable suspicion of fraud or abuse, technical errors or inability to verify the Customer’s data. Funds paid are refunded in accordance with Art. 5.6 of these Terms.

3.9. Protection of confidential transaction data. When entering payment card details, confidential information is transmitted over the public network in protected (encrypted) form using the SSL protocol and PKI system, currently the most advanced cryptographic technology. Data security during purchase is guaranteed by the payment card processor, Banca Intesa ad Beograd, and the entire payment process takes place on the bank’s pages. At no time are payment card details available to our system.

3.10. Before confirming the order, the Customer can check all entered data in the cart and on the checkout page and correct any input errors. The Seller is not a signatory to any code of conduct.

4.delivery and collection of goods

4.1. Delivery costs are calculated automatically on the order confirmation page before payment. Free delivery applies to orders of RSD 10,000 or more, after all available discounts have been applied. Goods are delivered within Serbia by courier services of our choice, taking into account the Customer’s interests for the most convenient delivery time. Alternatively, the Customer may choose to collect the goods in person at the Seller’s address, in accordance with Art. 4.5 of these Terms:

• From the moment the order is confirmed by e-mail, the goods are handed over for delivery within four working days, usually the next day unless there is a high seasonal workload.
• Delivery usually takes 1–2 working days for Belgrade and 3–5 days for the rest of the country, in rare cases up to 10 working days. Couriers deliver from 7:00 to 19:00.

4.2. The risk of accidental loss of or damage to the goods passes to the Customer at the moment the goods are received, in accordance with the Consumer Protection Act. Upon receipt (in the presence of the courier, or at personal pickup), the Customer must inspect the goods immediately and record any visible defects, damage or discrepancy in quantity in the courier service report, or report them to the person handing over the goods at personal pickup. To resolve transport damage faster, the Customer is advised to notify the Seller of any damage noticed at [email protected] within 48 hours of receipt. This deadline is recommended for more efficient handling and does not limit the consumer’s rights regarding non-conformity of goods, which are exercised within the statutory deadlines.

4.3. For courier delivery, if delivery fails due to the Customer’s absence, failure to answer the courier’s call or incorrect details provided, the Customer bears the full cost of redelivery. DTM Duck Retail d.o.o. does not bear the cost of redelivery if all prescribed procedures have been followed and the failure is a direct result of the Customer’s inaction or error. The consequences of failing to collect goods at personal pickup are governed by Art. 4.5 of these Terms.

4.4. International sales and restrictions: Using the site and ordering from countries where the sale of our products or services is prohibited by local laws or international sanctions is strictly prohibited. Certain products and technologies may be subject to export restrictions of the Republic of Serbia, the European Union or the United States of America. The Seller is required to present at the e-commerce point of sale a statement on known export restrictions, customs regulations and any other relevant legal or other provisions that may affect the distribution and/or sale of goods to the end user. The Customer is fully responsible for complying with all export, customs and other regulations of their country. We reserve the right to refuse or cancel an order if there is a suspicion of a breach of export or sanctions regulations. If the Customer resides outside the Republic of Serbia, by purchasing on this site they expressly accept that only the law of the Republic of Serbia applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded. International delivery is possible only to the countries offered when placing an order; its cost is shown after the address is entered, and the free delivery under Art. 4.1 applies only within Serbia.

4.5. Personal pickup of goods takes place only by prior agreement on the date and time, which the Customer must arrange with the Seller by e-mail or another communication channel listed on the site, at their choice. The Customer may propose a time; if they do not, the Seller will contact them to arrange it. If the Customer does not reply within 12 hours of the Seller’s message or does not collect the goods within 24 hours of the agreed time, they are deemed to have abandoned collection and payment; the Seller may then unilaterally terminate the contract and return the goods to sale, informing the Customer via the communication channel, if any, and at the e-mail address provided, with a refund of any funds paid in accordance with Art. 5.6 of these Terms. For prepaid orders, the deadlines in this article are 3 working days each. Personal pickup is only the handover of the order: opening the packaging and trying the product at the pickup point are not possible.

5.right of withdrawal from the contract, return of goods and refund (for consumers – natural persons only)

5.1. The consumer has the right to withdraw from the contract within 14 days without giving any reason (Article 29 of the Consumer Protection Act, hereinafter: ZZP). The 14-day period is calculated in accordance with Article 30 ZZP (for the sale of goods — from the day the goods come into the possession of the consumer or a person designated by the consumer).

5.2. Withdrawal is made by sending an unambiguous statement (completed form or free text) to [email protected]. You can download the withdrawal form here.

5.3. You must return the goods within 14 days of sending the withdrawal statement to the address: DTM Duck Retail d.o.o. – Povrati i reklamacije, Drinčićeva 26, 11108, Belgrade, or hand them over in person at the Seller’s address by prior arrangement at [email protected]. We do not accept cash-on-delivery shipments (payment on delivery).

5.4. With the shipment, enclose the withdrawal statement (if you have not already sent it), state the order number or enclose the fiscal receipt (a copy is sufficient) or other proof of purchase, as well as a contact phone number. The statement should include your ID card or passport number, which is required to issue a refund fiscal receipt.

5.5. Return costs are borne by the Customer, unless the goods delivered are faulty or not in conformity with the contract — in that case the costs are borne by the Seller (in accordance with Art. 36(3) ZZP for withdrawal from the contract, or Art. 56(8) ZZP for non-conformity of goods).

5.6. In the event of a return of goods and refund to a customer who previously paid, in part or in full, with a payment card, regardless of the reason for the return, DTM Duck Retail d.o.o. is obliged to make the refund exclusively via VISA, EC/MC, Maestro, Amex and Dina payment methods, which means that the bank will, at the seller’s request, refund the funds to the cardholder’s account.

Refunds are made without delay, and no later than 14 days from receipt of the withdrawal statement, or from the rejection of the offer or termination of the contract in accordance with these Terms. In the case of withdrawal from the contract, we also refund the cost of delivery to the Customer, up to the amount of the cheapest standard delivery we offer (Art. 35 ZZP). If the goods have already been delivered to the Customer, DTM Duck Retail d.o.o. has the right to withhold the refund until it receives the returned goods or until the Customer provides proof of having sent them, whichever comes first. The final time for the refunded funds to be credited to your account depends solely on your bank’s policy and is not governed by DTM Duck Retail d.o.o.

5.7. Brushes may be delivered in sealed packaging; in that case an opened brush cannot be returned, because goods whose sealed packaging has been opened after delivery cannot be returned for health protection and hygiene reasons (Article 38(1)(5) ZZP). Brushes with signs of use are not eligible for exchange or refund, because for hygiene reasons they cannot be resold (Article 36(4) ZZP). This does not affect the right to file a complaint for non-conformity (Articles 8 and 9 of these Terms).

5.8. The right of withdrawal is EXCLUDED for:

• goods made to the consumer’s specifications or clearly personalised (Article 38(1)(3) ZZP);
• hairbrushes, cosmetics and other hygiene products delivered in sealed packaging that has been opened after delivery (Article 38(1)(5) ZZP);
• sealed audio/video recordings and software whose seal has been broken (Article 38(1)(9) ZZP);
• digital content and subscriptions supplied with express consent to immediate supply and loss of the right of withdrawal (Article 38(1)(13) ZZP).

6.fiscal receipt

6.1. In accordance with the Fiscalisation Act (Article 6(1)), we issue a fiscal receipt for every order.

6.2. By confirming the order and these Terms, you expressly agree to receive the fiscal receipt exclusively in electronic form (Article 13(2) of the Rulebook on types of fiscal receipts, transaction types, payment methods, reference to the number of another document and details of other elements of the fiscal receipt). We send a paper receipt only upon an express request entered in the “Note” field when placing the order.

7.processing of personal data

7.1. On behalf of DTM Duck Retail d.o.o., we undertake to protect the privacy of all our customers. We collect only the necessary, basic customer/user data and the data needed for doing business and informing users in line with good business practice and in order to provide a quality service. We give customers a choice, including the option to decide whether or not they want to be removed from the mailing lists used for marketing campaigns. All user/customer data is kept strictly confidential and is available only to employees who need it to do their work. All employees of DTM Duck Retail d.o.o. (and business partners) are responsible for respecting the principles of privacy protection.

8.guarantee and statutory conformity

8.1. All products carry a statutory guarantee of conformity of goods in accordance with Articles 53–59 of the Consumer Protection Act. Complaints are submitted to [email protected] with the fiscal receipt and a description of the problem attached. The consumer must notify us of the non-conformity within two months of becoming aware of it, and no later than two years from delivery (Art. 59 ZZP). Normal wear and tear resulting from use, as well as damage occurring after delivery due to improper use, maintenance, exposure to high temperature or mechanical impact, are not considered non-conformity.

8.2. In the case of a justified complaint, the cost of expert assessment is borne by the Seller.

9.procedure for submitting and resolving consumer complaints and objections

9.1. You can submit complaints and objections electronically to [email protected] or by post to DTM Duck Retail d.o.o., Drinčićeva 26, 11108, Belgrade, to remedy non-conformity of goods, pricing errors or other defects. Enclose the fiscal receipt or other proof of purchase (a copy of the receipt, delivery note, etc.) and photos with the complaint. You send the goods once we confirm receipt of the complaint; packaging is not required.

9.2. Upon receipt of a complaint, we send written or electronic confirmation of receipt without delay, with the registration number in the complaints register.

9.3. We reply to a complaint within 8 days in writing or electronically, with a decision on acceptance, a statement of your request, a specific proposal and a resolution deadline that may not exceed 15 days from receipt of the complaint (up to 30 days for technical goods and furniture).

9.4. We are obliged to act in accordance with the proposal and the deadline if we have obtained your prior consent. You must respond to our reply within three days of receipt; during that time the deadline for resolving the complaint does not run. If you do not respond within that period, you are deemed not to agree with the proposal (Art. 63 ZZP).

9.5. If for objective reasons we cannot meet the request within the agreed deadline, we inform you of the extension of the deadline (only once) and ask for your consent, which we record in the complaints register.

9.6. If the complaint is rejected, you may initiate out-of-court consumer dispute resolution via the platform https://vansudsko.must.gov.rs/ or before the bodies entered in the List of bodies for out-of-court resolution of consumer disputes, available at https://must.gov.rs/tekst/sr/376/zastita-potrosaca.php. The consumer may initiate out-of-court dispute resolution only after having first lodged a complaint or objection with the Seller (Art. 173 ZZP). Before initiating any proceedings, please contact us so that we can try to resolve the dispute amicably.

10.limitation of liability

10.1. To the maximum extent permitted by law, the Seller excludes liability for indirect, consequential or incidental damage, including lost profits, loss of data, business interruption or the cost of procuring substitute products/services.

10.2. The Seller’s total liability on any basis may not exceed the amount actually paid by the Customer for the specific product/service that is the subject of the dispute.

10.3. This limitation does not apply to damage caused intentionally or by gross negligence of the Seller, nor to mandatory statutory liability towards consumers.

10.4. The Seller is not liable for damage resulting from temporary unavailability of the website caused by regular or emergency maintenance, technical failures, hacker attacks, force majeure or other circumstances beyond the Seller’s reasonable control.

10.5. The Seller reserves the right to temporarily or permanently restrict or block access to the site in the event of abuse, breach of these Terms or to protect system security, without any obligation to pay compensation.

11.intellectual property and user content

11.1. All site content (texts, photos, graphics, design, trademarks, logos) is the property of DTM Duck Retail d.o.o. or licensed from third parties. Copying, distribution, modification or commercial use without prior written consent is prohibited, except within the limits permitted by law.

11.2. By posting comments, ratings, photos, videos or any other content on the site, you grant DTM Duck Retail d.o.o. a non-exclusive, free, perpetual, irrevocable and worldwide licence to use, reproduce, modify, publish and display that content for marketing and business purposes in all media and on all platforms. You warrant that you hold all the necessary rights to that content and that it does not infringe the rights of third parties.

12.consumer protection and dispute resolution

12.1. The consumer has the right to out-of-court dispute resolution through a body for out-of-court resolution of consumer disputes in accordance with the Consumer Protection Act of the Republic of Serbia. To submit a request for out-of-court resolution, the consumer may use the official platform of the Ministry of Internal and Foreign Trade of the Republic of Serbia, available at: https://vansudsko.must.gov.rs/. DTM Duck Retail d.o.o. is obliged to take part in out-of-court consumer dispute resolution proceedings before the competent bodies in the Republic of Serbia.

12.2. The contract may be concluded in Serbian, English, French or Russian, depending on the site language selected. In the event of any discrepancy between the language versions, the Serbian version prevails.

13.indemnity

You agree to indemnify DTM Duck Retail d.o.o. for actual damage, reasonable costs and justified legal costs, including attorneys’ fees, arising from an established breach of these Terms, the rights of third parties or the export and sanctions restrictions under Art. 4.4 of these Terms.

14.force majeure

14.1. The Seller is not liable for failure or delay in performing its obligations if this is the result of force majeure (war, natural disasters, floods, fires, strikes, measures of state authorities, pandemics, etc.). In such cases the deadlines are extended for the duration of the force majeure, and the Customer will be informed as soon as possible.

15.final provisions

15.1. The law of the Republic of Serbia applies. The court in Belgrade has jurisdiction, unless the law gives the consumer the right to sue at their place of residence.

15.2. If any provision proves to be void, the others remain in force.