Returns and Complaints Policy

This document governs the submission of complaints and claims, the customer’s rights in the event of damaged, incorrectly delivered or non-conforming goods, product exchanges, returns and refunds, and the consumer’s right to withdraw from a distance contract concluded through the MonteRubik.me online store.

Statutory consumer rights apply to a natural person purchasing goods outside their trade, business, craft or professional activity. This Policy does not restrict any mandatory rights granted to consumers under the applicable laws of Montenegro.

This Policy forms an integral part of the Terms of Use and Online Sale .

1. Acceptance of the Policy and conclusion of the contract

By submitting an order using the “Order with obligation to pay” button, the customer confirms that they have read this Policy and submits a binding offer to purchase the products listed in the order.

The distance sales contract is concluded when the trader confirms that the order has been accepted for processing, in accordance with the Terms of Use and Online Sale.

2. Submission of complaints and claims

A customer may submit a complaint or claim:

• by e-mail to info@monterubik.me;
• in writing at the MonteRubik.me store, Svetozara Markovića 33, Podgorica;
• by post to: OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S, 85320 Tivat, Montenegro.

The telephone number +382 69 789 039 may be used for preliminary information, but a formal complaint should be submitted on paper or in an electronic form that allows its contents to be stored and reproduced unchanged.

For faster processing, the complaint should include:

• the customer’s full name;
• telephone number and e-mail address;
• the order number, where available;
• the name of the product;
• a description of the problem and the date it was discovered;
• the customer’s requested remedy, such as repair, replacement, price reduction or termination of the contract;
• photographs or other evidence where this may assist processing.

The purchase may be demonstrated by a receipt, invoice, order number, sales contract, commercial guarantee statement, fiscal records, the trader’s business records or other appropriate evidence. An original receipt is not the only acceptable proof of purchase.

3. Damaged parcels or incorrectly delivered goods

The customer is advised to inspect the external condition of the parcel in the presence of the courier, postal worker or other person delivering it.

Where the packaging is visibly damaged, torn, dented or shows signs of having been opened, the customer may ask for the damage to be recorded at the time of delivery or refuse the parcel and contact the trader without delay.

Where the external packaging appears undamaged but, after opening it, the customer discovers that the product is damaged, incomplete, incorrectly delivered or does not correspond to the invoice, the customer is advised to contact the trader within 3 business days to allow faster handling.

Failure to meet this recommended three-business-day period does not restrict the consumer’s statutory rights or the statutory time limits applicable to a lack of conformity.

4. Acknowledgement, recording and response

If a complaint cannot be resolved immediately, the trader provides the customer with a written or electronic acknowledgement of receipt.

The trader responds to the complaint without undue delay and no later than 8 days after receiving it.

The response is provided in writing or on another durable medium available to the customer and contains:

• the trader’s position on the customer’s request;
• confirmation of whether the complaint has been accepted;
• a proposed method and period for resolving the complaint;
• reasons and information on further remedies where the complaint has not been accepted.

The trader keeps a paper or electronic register of complaints and retains the records for at least two years from the date each complaint is received.

5. Lack of conformity and statutory consumer rights

The trader is responsible for any lack of conformity that exists at the time of delivery and becomes apparent within two years from delivery of the goods.

The consumer must notify the trader of the lack of conformity within 90 days after discovering it and no later than the expiry of the trader’s statutory liability period.

If the goods do not conform to the contract, the consumer may, depending on the circumstances and the statutory conditions, request:

• free repair of the product;
• free replacement of the product;
• an appropriate reduction in price;
• termination of the contract and a refund of the amount paid.

If the consumer notifies the trader of the lack of conformity within 30 days after taking delivery, the consumer may, subject to the law, choose repair, replacement, a price reduction or termination of the contract with a refund.

The contract may not be terminated where the lack of conformity is minor, unless mandatory law provides otherwise.

6. Repair and replacement of non-conforming goods

Repair or replacement is carried out free of charge, within a reasonable period not exceeding 15 days after receipt of the consumer’s notice of lack of conformity and without significant inconvenience to the consumer.

Where the goods must be collected for repair or replacement, the trader bears the costs of collection, transport, labour, materials and redelivery.

If repair or replacement is impossible, is not completed within the required period, the lack of conformity remains after an attempted remedy, or the lack of conformity is sufficiently serious, the consumer may request a price reduction or termination of the contract in accordance with the law.

7. Return and refund due to lack of conformity

Where the contract is terminated because goods are non-conforming, damaged or incorrectly delivered, the trader bears the cost of returning them.

The refund is made without undue delay and no later than 8 days after the trader receives the returned goods or evidence that the consumer has sent them, whichever occurs first.

The same period applies to an amount due to the consumer following an approved price reduction.

The refund is made using the same payment method used by the customer, unless the customer expressly accepts another method and does not incur any additional cost.

Where the order was paid by payment card, the refund is processed through the relevant card system to the same card or card account from which payment was made.

The trader does not charge the customer a fee for processing the refund.

8. Voluntary exchange of conforming goods

A customer wishing to exchange a conforming product because of an incorrect choice may contact the trader at +382 69 789 039 or info@monterubik.me.

A voluntary exchange of conforming goods is subject to the availability of the replacement product and prior agreement with the trader. The goods should be returned with the order number or other appropriate proof of purchase.

Where the exchange is requested because of the customer’s choice, the customer bears the direct return and redelivery costs. Where the exchange is required because of the trader’s error or a lack of conformity, the trader bears those costs.

This section does not restrict the consumer’s right of withdrawal or any statutory rights relating to non-conforming goods.

9. Right to withdraw from a distance contract

A consumer has the right to withdraw from a distance contract without giving any reason within 14 days from the day on which the goods are delivered to the consumer or a third party designated by the consumer other than the carrier.

Where several products ordered in a single order are delivered separately or in several parcels, the 14-day period begins on the day the final product or parcel is received.

10. Exercising the right of withdrawal

The consumer must inform the trader of the decision to withdraw before the 14-day period expires.

The consumer may use the return and withdrawal form or send any other unambiguous statement clearly communicating the decision to withdraw from the contract.

Use of the form is not mandatory, and the consumer is not required to submit two copies of the same statement.

The withdrawal statement may be sent:

• by e-mail to info@monterubik.me;
• by post to: OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S, 85320 Tivat, Montenegro;
• in person at the store in Podgorica.

Where the Website provides an online facility for submitting a withdrawal statement, the trader will provide confirmation of receipt without delay on a durable medium, normally by e-mail.

11. Returning goods following withdrawal

The consumer must return the goods without undue delay and no later than 14 days after informing the trader of the decision to withdraw, unless the trader has offered to collect the goods.

The goods may be returned:

• by post to: OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S, 85320 Tivat, Montenegro;
• in person to the MonteRubik.me store, Svetozara Markovića 33, Podgorica.

The store is open on Monday, Tuesday, Thursday and Friday from 11:00 to 17:00. It is closed on Wednesday, Saturday and Sunday.

In the case of withdrawal without giving a reason, the consumer bears the direct cost of returning the goods unless the trader expressly agrees to bear that cost or the consumer was not informed in advance that they would be responsible for it.

The consumer may inspect and test the goods to the extent necessary to establish their nature, characteristics and functionality.

The consumer is responsible only for any reduction in value caused by handling beyond what is necessary for such an inspection. A reduction in value does not automatically result in loss of the right of withdrawal.

12. Refund following withdrawal

Where the consumer validly exercises the right of withdrawal, the trader refunds all payments received under the contract, including the cost of the least expensive standard delivery method offered by the trader.

Additional delivery costs resulting from the customer’s choice of a more expensive delivery method than the least expensive standard method offered are not refunded.

The refund is made without undue delay and no later than 14 days after receipt of the withdrawal notice.

The trader may withhold the refund until the goods have been returned or the consumer supplies evidence that the goods have been sent, whichever occurs first, unless the trader has offered to collect them.

The refund is made using the same payment method used by the consumer, unless the consumer expressly accepts another method without incurring additional cost.

For card payments, the refund is processed through the card system to the same card or card account from which the payment was made.

Where a refund is made by bank transfer, the customer must provide the IBAN or account number and any other information required to process the transfer.

13. Exceptions to the right of withdrawal

The right of withdrawal does not apply in the cases prescribed by law, including, where relevant, contracts concerning:

• goods made to the customer’s specifications or clearly personalised;
• sealed goods which are not suitable for return for health-protection or hygiene reasons once unsealed;
• sealed audio or video recordings or computer software that have been unsealed after delivery;
• digital content not supplied on a tangible medium where performance has begun with the consumer’s prior express consent, acknowledgement of the loss of the right of withdrawal and fulfilment of the other statutory requirements.

Merely opening the ordinary packaging of a puzzle, cube or other standard product does not automatically exclude the right of withdrawal unless a statutory exception applies to that particular product.

14. Alternative consumer dispute resolution

The trader and the consumer will first attempt to resolve a dispute through a written complaint and mutual agreement.

Where the dispute is not resolved, the consumer may, in accordance with the law, initiate proceedings before:

Odbor za vansudsko rješavanje potrošačkih sporova
Consumer Dispute Alternative Resolution Board
at the Chamber of Economy of Montenegro
Novaka Miloševa 29/II
81000 Podgorica, Montenegro

Information about the Board is available on the Chamber of Economy of Montenegro website .

Where a written complaint does not resolve the dispute, the trader will provide information about the competent dispute-resolution body in its response and state in writing whether it agrees to participate in the relevant procedure.

15. Contact and return addresses

• E-mail: info@monterubik.me
• Telephone: +382 69 789 039
• Postal return address: OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S, 85320 Tivat, Montenegro
• In-person return address: MonteRubik.me, Svetozara Markovića 33, Podgorica, Montenegro