Selling online or by phone in Republika Srpska: the 14-day withdrawal right

This article explains what the law requires from a trader who sells to consumers at a distance: through an online shop, social networks, e-mail, catalogues or by phone. It concerns farmers, food producers, guesthouses and restaurants that take orders without meeting the buyer in person. The rules come from the Law on Consumer Protection of Republika Srpska of November 2025, which replaced the earlier law (Art. 142).

In short

• Only a trader registered for distance trade may sell this way (Law on Trade, Art. 61).
• Before the contract the buyer must receive the information listed in Art. 54 (business name, address, price with all costs, delivery terms, right of withdrawal and more), and at the latest before delivery also in writing or another durable form.
• The buyer may withdraw without giving a reason and without cost within 14 days, paying only the cost of returning the product.
• The money is refunded without delay and at the latest within 14 days of receiving the withdrawal notice. Delivery deadline is 30 days from the order.
• The distance selling rules do not apply to delivery of food, drinks and everyday household products to the buyer's address (Art. 57). For accommodation, transport, catering and leisure services booked for a specific date or period, the information duties of Art. 54 and 55, the 14-day withdrawal and the 30-day delivery deadline do not apply (Art. 60(3)).

Who it applies to

To a trader selling to consumers, meaning individuals buying for their own needs. The Law on Consumer Protection defines a trader as a company, a sole trader or an individual registered under hospitality rules (Art. 2). The Law on Trade (Art. 13) applies the trader rules also to farmers registered as an agricultural holding when they sell their products on the market. If you are neither a sole trader nor a company, check with your municipal office or the Ministry of Trade and Tourism whether distance selling requires a registration for you.

Exceptions: Art. 57 removes from the whole chapter on distance sales the contracts for delivery of food, drinks and other everyday household products to the consumer's address, and contracts for accommodation (not for residential use), transport of goods, car rental and leisure activities when a specific date or period is agreed. In addition, Art. 60(3) excludes Art. 54, 55 and 58 and the 30-day delivery deadline for accommodation, transport, catering and leisure services provided on a specific day or during a specific period. So the 14-day withdrawal does not apply to a dated accommodation booking. Withdrawal is also excluded for a service whose performance began with the buyer's express consent before the 14 days ended (Art. 59), for goods made to the buyer's specification and for goods that spoil quickly (Art. 59).

What to do

1. Check that you are registered for distance trade. It also requires office space for administration, a warehouse and a hygiene and sanitary space (Law on Trade, Art. 61). For the exact procedure ask your municipal office or the Ministry of Trade and Tourism.
2. Publish the Art. 54 information on your website or offer: business name, company and tax number, address, contact, product name and features, price with all costs, payment and delivery terms, guarantees, right and time limit for withdrawal, validity of the offer, competent court. Add a warning that a contract on behalf of a minor or a person without legal capacity can be concluded only by their legal representatives (Art. 54(3)).
3. The order button or form must clearly say that sending it creates an obligation to pay. Otherwise the order does not bind the buyer (Art. 55).
4. In telephone sales, state at the start who you are and that the purpose is sales (Art. 54(4)). Do not use telephone, fax or e-mail for an offer without the buyer's prior consent (Art. 62).
5. Before delivery send a written notice with the same information, and tell the buyer when and how the goods were dispatched (Art. 55).
6. Do not send goods nobody ordered. The recipient may keep them without paying, and silence is not consent (Art. 61).
7. On withdrawal, accept the written notice and refund on time. You carry the burden of proving the buyer received the withdrawal information in time (Art. 58 and 63).

Deadlines and amounts

• Withdrawal: 14 days from receipt of the product (for services, from the contract). If the buyer did not receive the Art. 55 notice, the period is one year.
• Refund: at most 14 days. For delay you owe the price plus statutory default interest plus 10% of the amount for every 30 days of delay (Art. 58).
• If you cannot deliver, inform the buyer and refund within 14 days (Art. 60).
• Fine for breaching the information duty in Art. 54 and 55, and for delivery later than 30 days: legal entity 2,000 to 10,000 KM, trader organised as a sole trader 1,000 to 5,000 KM, responsible person in a legal entity 800 to 4,000 KM (Art. 131).
• For delivering an unordered product with a demand for payment the fine is higher: legal entity 3,000 to 15,000 KM, sole trader 1,500 to 7,000 KM, responsible person 1,000 to 5,000 KM (Art. 130).

Where to go

• Ministarstvo trgovine i turizma Republike Srpske (Ministry of Trade and Tourism), consumer protection
• Inspektorat Republike Srpske (Inspectorate) carries out inspection of distance trade.

Laws and sources

• Zakon o zaštiti potrošača u Republici Srpskoj (Law on Consumer Protection, Official Gazette RS no. 101/25), Art. 54 to 63, 130 and 131
• Zakon o trgovini (Law on Trade, Official Gazette RS no. 105/19), Art. 13 and 61

The earlier Law on Consumer Protection (Official Gazette RS no. 6/12, 63/14, 18/17 and 90/21) ceased to apply when the new law entered into force (Art. 142), so older texts with different periods are not relevant.