Trade at the point of sale includes trade in brick and mortar objects, such as shops and boxes, but also trade that is carried out in pop-up facilities, such as kiosks, stalls and vending machines. Given that there is no definition of kiosks, stalls and vending machines in the current Law on Trade, the proposed legal provisions would finally precisely determine their concept in the Serbian market, which would eliminate doubts and facilitate inspection.
It is also proposed that traders no longer have to point out in which trade format their trade takes place (e.g. supermarket, discount, mall, outlet) but, if they decide to do so, their trade format must be displayed accurately. This was introduced due to the fact that traders often emphasize trading formats that do not correspond to what their sales facility actually is (for example, they called an outlet format that is not one), which causes confusion among consumers, and instructs them to potentially purchase something they would not otherwise.
In the proposed Law on Trade, special attention is paid to the regulation of the distance selling – a form of trade through means of distance communication. The goal of the detailed design was to protect consumers, who do not have immediate insight into the subject of purchase and the offer of the trader, due to their physical distance.
A suggested division for the remote selling gets is into electronic commerce (e-commerce) and other trade, i.e., trade through other means.
E-commerce is a form of remote commerce that is accomplished by ordering and selling goods or services via the Internet. E-commerce can be done in different ways. Firstly, there is a described possibility of selling via an electronic store (webshop) and electronic platforms (e-commerce platforms), which are both, as explained, defined in the first articles of the proposed Law on Trade.
Furthermore, there is a possibility to sell via online store and platform, but so that the goods are not delivered from the dealer’s warehouse, but directly from the warehouse of the manufacturer/wholesaler (dropshipping).
Regarding the other trade, it includes all distance selling that is not conducted via the Internet, but through other means of mass communication, such as catalog sales, TV sales, postal trade, advertising materials, text and multimedia telephone messages and voice machines.