This document governs the procedure for submitting objections and complaints, the Buyer’s rights
in the event of damaged, incorrectly delivered or non-conforming goods, replacement of goods,
return of goods and funds, as well as the Consumer’s right to unilaterally withdraw from
a distance contract concluded through the
MonteRubik.me online store.
Statutory consumer rights apply to a natural person who purchases goods
outside their trade, business, craft or professional activity.
This Policy does not restrict 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 Buyer confirms that they are familiar with this Policy and submits a binding
offer to purchase the products specified in the order.
The distance sales contract is deemed 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 Objections and Complaints
The Buyer may submit an objection or complaint:
-
by email 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.
Telephone
+382 69 789 039
may be used for initial information, but the objection should be submitted
on paper or in electronic form that allows the content to be stored and
reproduced unchanged.
For faster processing, the objection should contain:
- the Buyer’s first and last name;
- telephone number and email address;
- order number, if available;
- product name;
- a description of the problem and the date when the problem was noticed;
-
the Buyer’s request, for example repair, replacement, price reduction
or termination of the contract;
- photographs or other evidence, where these may assist in processing the objection.
The purchase may be evidenced by a receipt, invoice, order number,
sales contract, commercial guarantee statement, fiscal cash register record,
the Trader’s business records or other appropriate evidence. Providing the original
receipt is not the only possible way of proving the purchase.
3. Damaged Shipment or Incorrectly Delivered Goods
The Buyer is advised to inspect the external condition
of the shipment upon receipt in the presence of the courier, postal worker or other person
delivering the shipment.
If the packaging is visibly damaged, torn, dented or shows
signs of opening, the Buyer may request that the damage be recorded
upon delivery or refuse the shipment and contact the Trader without delay.
If the external packaging is undamaged but, after opening it, the Buyer determines
that the product is damaged, incomplete, incorrectly delivered or that the information
on the receipt does not correspond to the delivered goods, it is recommended that the Buyer
notify the Trader within 3 business days for faster processing.
Failure to meet this recommended period of 3 business days does not restrict
the Consumer’s statutory rights or statutory periods for submitting complaints
due to lack of conformity of the goods.
4. Receipt, Recording and Response to an Objection
If the objection is not resolved immediately, the Trader provides the Buyer with a written
or electronic confirmation of receipt of the objection.
The Trader responds to the objection without delay, and no later than
8 days from the date of receipt of the objection.
The response is provided in writing or on another durable medium
available to the Buyer and contains:
- the Trader’s position regarding the Buyer’s request;
- information on whether the objection has been accepted;
- a proposal for the method and timeframe for resolving the objection;
-
an explanation and information about further options for protecting rights
if the objection has not been accepted.
The Trader keeps records of received objections in paper or electronic
form and retains the data for at least two years from the date of receipt of the objection.
5. Lack of Conformity of Goods and Statutory Consumer Rights
The Trader is liable for any lack of conformity existing at the time of delivery
and becoming apparent within two years
from the date the goods were delivered.
The Consumer must notify the Trader of the lack of conformity within
90 days from the date on which the lack of conformity was discovered,
and no later than before expiry of the statutory period of the Trader’s liability.
If the delivered goods do not conform to the contract, the Consumer may,
depending on the circumstances and conditions prescribed by law, request:
- free repair of the product;
- free replacement of the product;
- an appropriate reduction in price;
- termination of the contract and refund of the amount paid.
If the Consumer notifies the Trader of the lack of conformity within
30 days from the date the goods were received, the Consumer is entitled,
in accordance with the law, to choose between repair, replacement, price reduction
or termination of the contract with a refund of the amount paid.
Termination of the contract is not possible where the lack of conformity is minor,
unless mandatory law provides otherwise.
6. Repair and Replacement of Non-Conforming Goods
Repair or replacement of non-conforming goods is carried out free of charge,
within a reasonable period which may not exceed
15 days from receipt of the notice of lack of conformity,
and without significant inconvenience to the Consumer.
If the goods must be collected from the Buyer for repair or replacement,
the costs of collection, transport, labour, materials and re-delivery
are borne by the Trader.
If repair or replacement is impossible, is not completed within the prescribed period,
the lack of conformity remains after an attempt to remedy it, 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 of Goods and Refunds Due to Lack of Conformity
If the contract is terminated because of lack of conformity, damaged or incorrectly
delivered goods, the costs of returning the goods are borne by the Trader.
The amount paid is refunded without delay, and no later than within
8 days from the date the Trader receives the returned goods or
proof that the Consumer has sent the goods to the Trader, whichever occurs first.
The same period applies to refunding the amount due to the Consumer
as a result of an approved price reduction.
The refund is made using the same means of payment used by the Buyer,
unless the Buyer expressly accepts another method of refund and incurs
no additional costs as a result.
If the order was paid by payment card, the refund is made through
the appropriate card system to the same card or card account
from which the payment was made.
The Trader does not charge the Buyer a fee for processing the refund.
8. Voluntary Exchange of Goods Without Defects
If the Buyer wishes to exchange a product without defects because of an incorrect choice,
they may contact the Trader at
+382 69 789 039
or
info@monterubik.me.
A voluntary exchange of goods without defects depends on the availability of the replacement
product and prior agreement with the Trader. The goods should be returned
together with the order number or other appropriate proof of purchase.
If the exchange is made because of the Buyer’s choice, the direct costs of return
and re-delivery are borne by the Buyer. If replacement is required due to an error
by the Trader or lack of conformity, the costs are borne by the Trader.
This section does not restrict the Consumer’s right to unilaterally withdraw
from the contract or other rights arising from lack of conformity of the goods.
9. Unilateral Withdrawal from a Distance Contract
The Consumer has the right, without giving any reason, to unilaterally withdraw
from a distance contract within
14 days
from the day on which the goods are handed over to the Consumer or to a third party
designated by the Consumer, other than the carrier.
If several products ordered in a single order are delivered separately
or in several shipments, the 14-day period begins on the day
the last product or the last shipment is received.
10. How to Exercise the Right of Unilateral Withdrawal
The Consumer must inform the Trader before the expiry of the 14-day period
of the decision to withdraw from the contract.
The Consumer may use the
form for return of goods and unilateral withdrawal
or send any other unequivocal statement clearly expressing
the decision to withdraw from the contract.
Use of the form is not mandatory, and it is not necessary to send two copies
of the same statement.
The statement may be sent:
-
by email to
info@monterubik.me;
-
by post to:
OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S,
85320 Tivat, Montenegro;
- by submitting it at the store in Podgorica.
If the Website allows electronic submission of a withdrawal statement through an online
form, the Trader will without delay send confirmation of receipt of the statement
on a durable medium, i.e. by email.
11. Return of Goods after Unilateral Withdrawal
The Consumer must return the goods without delay, and no later than within
14 days
from the day on which the Trader was informed of the decision to withdraw from the contract,
unless the Trader has offered to collect the goods itself.
The goods may be returned:
-
by post to:
OSNOVNA STVAR d.o.o., Trg Magnolija 3B/L2S,
85320 Tivat, Montenegro;
-
in person at the MonteRubik.me store,
Svetozara Markovića 33, Podgorica.
The store is open on Mondays, Tuesdays, Thursdays and Fridays
from 11:00 to 17:00.
Wednesday, Saturday and Sunday are non-working days.
In the case of unilateral withdrawal without giving a reason, the direct costs
of returning the goods are borne by the Consumer, unless the Trader expressly agrees
to bear those costs or the Consumer was not informed in advance
of the obligation to pay them.
The Consumer has the right to inspect and test the goods to the extent necessary
to establish their nature, characteristics and functionality.
The Consumer is liable only for any reduction in value resulting
from handling beyond what is necessary for such inspection.
A reduction in value does not automatically result in loss of the right of withdrawal.
12. Refund after Unilateral Withdrawal
If the Consumer properly exercises the right of unilateral withdrawal,
the Trader refunds all amounts received under the contract, including
the cost of the least expensive standard delivery method offered by the Trader.
Additional costs incurred because the Buyer selected a more expensive delivery method
than the least expensive standard delivery method offered are not refunded.
The refund is made without delay and no later than within
14 days
from the date of receipt of the withdrawal notice.
The Trader may withhold the refund until the returned goods are received or until the Consumer
provides proof that the goods have been sent to the Trader, whichever occurs first,
unless the Trader has offered to collect the goods itself.
The refund is made using the same means of payment used by the Consumer,
unless the Consumer expressly agrees to another method without additional costs.
For card payments, the refund is made through the card system to the same
card or card account from which payment was made.
If the refund is made by bank transfer, the Buyer should provide the IBAN
or account number and other information required to process the refund.
13. Exceptions to the Right of Unilateral Withdrawal
The right of unilateral withdrawal does not apply in cases prescribed by law,
particularly where the subject of the contract is:
-
goods made to the Buyer’s specifications or clearly personalised for the Buyer;
-
sealed goods that are not suitable for return for health protection or hygiene reasons
after they have been 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,
confirmation that the Consumer is aware of losing the right of withdrawal, and compliance
with other statutory requirements.
Merely opening the ordinary packaging of a puzzle, cube or other standard
product does not automatically exclude the right of unilateral withdrawal, unless
one of the statutory exceptions applies to the particular product.
14. Out-of-Court Resolution of Consumer Disputes
The Trader and the Consumer will first seek to resolve a dispute through a written complaint
and mutual agreement.
If the dispute is not resolved, the Consumer may, in accordance with the law,
initiate proceedings before the:
Board for Out-of-Court Resolution of Consumer Disputes
at the Chamber of Economy of Montenegro
Novaka Miloševa 29/II
81000 Podgorica, Montenegro
Information about the Board is available on the
website of the Chamber of Economy of Montenegro
.
If a written complaint does not result in resolution of the dispute, the Trader will
provide information in its response about the competent out-of-court dispute resolution body
and state in writing whether it agrees to participate in such proceedings.
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
An electronic return or complaint request may also be submitted through the
product return form
.
