Remote selling contract
Concluded in accordance with the law through the online store montesense.me between KOLPAK DOO, PIB: 03215946, Montenegro, Bar, Ilino BB, 85000 and __________________________, address: ____________________ .
Article 1 This document (hereinafter: the “Agreement”) contains the terms and conditions that apply when selling goods through the Online Store at https://www.montesense.me (hereinafter: the “Online Store”) and is concluded in electronic form on the basis of the regulatory legal acts of Montenegro (hereinafter: "Regulatory legal acts").
Article 2 The agreement governs the relationship between the user of the services of the online store (hereinafter referred to as the "Buyer") and KOLPAK DOO (hereinafter referred to as the "Seller").
Article 3 The online store provides an e-commerce service. The service consists of the provision of information, the sale of goods and the provision of services by the Seller to the Buyer. From the point of view of the provisions of this Agreement, the word "items" means the goods and services that the Seller offers for sale in the territory of Montenegro.
Article 4 On the basis of this agreement, the Buyer purchases goods from the Seller's assortment presented in the Montesense online store (hereinafter referred to as the Goods). This contract was entered into as a distance sale agreement under the Consumer Protection Act (hereinafter: the Act) because it was concluded through the sale via the Internet as a means of communication.
Article 5 On the basis of this agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay the Seller the amount of ________ euros for the goods delivered and to take delivery of the goods. When receiving the goods, the buyer is obliged to inspect the goods and check their compliance with the order, and if there are any objections, immediately point out the existence of defects that can be seen by inspection.
Article 6 By concluding this agreement, the Buyer confirms that the following information was provided prior to its conclusion:
Article 8 Upon unilateral termination of the distance purchase contract, the Buyer is released from all contractual obligations, with the exception of the immediate costs of returning the goods and reimbursement of packaging costs. The Buyer is obliged to return the goods to the seller without delay, within 14 days from the date of sending the application for refusal, otherwise the Buyer will lose the right to return the goods. The Seller is obliged to return the money to the Buyer without delay and no later than within 14 days from the date of receipt of the refusal statement in the amount equivalent to the cost of the goods, excluding the cost of shipping the goods to the Buyer and its packaging.
Article 9 The Parties agree that the Seller has provided the Buyer with a unilateral termination form, and that the Buyer is aware of the obligation to submit a termination application in writing, while the termination form contains: the name, address and email address of the seller to whom the buyer submits the form for unilateral termination of the contract; - the method and term for the return of the delivered goods and the return of funds; - notification that the return of the goods by the Buyer within the period in which the contract can be terminated unilaterally is considered a timely declaration of termination of the contract. The buyer's right to withdraw from the contract expires 14 days after the arrival of the goods in his country. The buyer is not entitled to unilaterally terminate the contract in the following cases provided for in Article 74k of the Law of Montenegro on the Protection of Consumer Rights.
Article 10 The burden of proving the exercise of the right to unilaterally terminate the contract lies with the Buyer. The buyer does not have the right to unilaterally terminate the contract if the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery, if the subject of the contract is goods that, due to their nature, are inseparably mixed with other things after delivery, if the subject of the contract is perishable goods or goods that are about to expire, if the subject of the contract is goods whose price depends on changes in the financial market that are beyond the trader's influence, and which may occur during the duration of the consumer's right to unilaterally terminate the contract.
Article 11 The Buyer is obliged to return the goods together with the invoice received by him upon delivery. In the event of a dispute, if the Buyer does not have an invoice, the Seller has the right to refuse the Buyer to return money for the goods.
Article 12 The Buyer is obliged to inspect the goods immediately after receiving them and check whether the ordered goods have been delivered to him, and also to file an objection to the seller without delay for defects that may be detected during the inspection.
Article 13 The Buyer is responsible for the damage caused to the Seller in connection with the refusal of the goods sent by the Seller under this agreement. Damage for which the buyer is responsible due to non-receipt of the goods is following:
Article 14 The Seller and the Buyer agree that in the event of a dispute arising on the basis of this agreement, they will try to resolve it out of court in accordance with the Law of Montenegro on the Protection of Consumer Rights.
Article 15 The Seller and the Buyer agree to the jurisdiction of the court in Podgorica, if the dispute under this agreement is not resolved out of court.
Article 16 This distance purchase and sale agreement is concluded in electronic form and is considered concluded from the moment the order is placed by the Buyer.
Article 1 This document (hereinafter: the “Agreement”) contains the terms and conditions that apply when selling goods through the Online Store at https://www.montesense.me (hereinafter: the “Online Store”) and is concluded in electronic form on the basis of the regulatory legal acts of Montenegro (hereinafter: "Regulatory legal acts").
Article 2 The agreement governs the relationship between the user of the services of the online store (hereinafter referred to as the "Buyer") and KOLPAK DOO (hereinafter referred to as the "Seller").
Article 3 The online store provides an e-commerce service. The service consists of the provision of information, the sale of goods and the provision of services by the Seller to the Buyer. From the point of view of the provisions of this Agreement, the word "items" means the goods and services that the Seller offers for sale in the territory of Montenegro.
Article 4 On the basis of this agreement, the Buyer purchases goods from the Seller's assortment presented in the Montesense online store (hereinafter referred to as the Goods). This contract was entered into as a distance sale agreement under the Consumer Protection Act (hereinafter: the Act) because it was concluded through the sale via the Internet as a means of communication.
Article 5 On the basis of this agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay the Seller the amount of ________ euros for the goods delivered and to take delivery of the goods. When receiving the goods, the buyer is obliged to inspect the goods and check their compliance with the order, and if there are any objections, immediately point out the existence of defects that can be seen by inspection.
Article 6 By concluding this agreement, the Buyer confirms that the following information was provided prior to its conclusion:
- the main characteristics of the goods;
- the name of the legal entity, registration number and e-mail address to which complaints can be filed;
- the declared price and additional costs (postal and transport), as well as the d. possibility of imposing these costs on the Buyer;
- the conditions, term and procedure for exercising the right to withdraw from the contract oblige the Buyer to reimburse the reasonable costs to the seller if he exercises the right to withdraw from the contract after submitting the relevant application;
- circumstances under which the Buyer cannot exercise the right to withdraw from the contract (in cases provided for by law and specified in the "Terms of Use of the Site"); method of payment, method and term of delivery, as well as the method of fulfilling other contractual obligations;
- legal liability for non-compliance of the goods with the contract; the method of reporting the complaint to the Seller, the place of receipt and the method of consideration of the complaint by the Seller, as well as the conditions related to the exercise of the rights of the buyer;
- the possibility of out-of-court settlement of disputes through a settlement agreement.
Article 8 Upon unilateral termination of the distance purchase contract, the Buyer is released from all contractual obligations, with the exception of the immediate costs of returning the goods and reimbursement of packaging costs. The Buyer is obliged to return the goods to the seller without delay, within 14 days from the date of sending the application for refusal, otherwise the Buyer will lose the right to return the goods. The Seller is obliged to return the money to the Buyer without delay and no later than within 14 days from the date of receipt of the refusal statement in the amount equivalent to the cost of the goods, excluding the cost of shipping the goods to the Buyer and its packaging.
Article 9 The Parties agree that the Seller has provided the Buyer with a unilateral termination form, and that the Buyer is aware of the obligation to submit a termination application in writing, while the termination form contains: the name, address and email address of the seller to whom the buyer submits the form for unilateral termination of the contract; - the method and term for the return of the delivered goods and the return of funds; - notification that the return of the goods by the Buyer within the period in which the contract can be terminated unilaterally is considered a timely declaration of termination of the contract. The buyer's right to withdraw from the contract expires 14 days after the arrival of the goods in his country. The buyer is not entitled to unilaterally terminate the contract in the following cases provided for in Article 74k of the Law of Montenegro on the Protection of Consumer Rights.
Article 10 The burden of proving the exercise of the right to unilaterally terminate the contract lies with the Buyer. The buyer does not have the right to unilaterally terminate the contract if the subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery, if the subject of the contract is goods that, due to their nature, are inseparably mixed with other things after delivery, if the subject of the contract is perishable goods or goods that are about to expire, if the subject of the contract is goods whose price depends on changes in the financial market that are beyond the trader's influence, and which may occur during the duration of the consumer's right to unilaterally terminate the contract.
Article 11 The Buyer is obliged to return the goods together with the invoice received by him upon delivery. In the event of a dispute, if the Buyer does not have an invoice, the Seller has the right to refuse the Buyer to return money for the goods.
Article 12 The Buyer is obliged to inspect the goods immediately after receiving them and check whether the ordered goods have been delivered to him, and also to file an objection to the seller without delay for defects that may be detected during the inspection.
Article 13 The Buyer is responsible for the damage caused to the Seller in connection with the refusal of the goods sent by the Seller under this agreement. Damage for which the buyer is responsible due to non-receipt of the goods is following:
- damage to the goods;
- expenses for repackaging, return and storage of the goods arising from the Seller in connection with the failure to fulfill obligations by the Buyer
Article 14 The Seller and the Buyer agree that in the event of a dispute arising on the basis of this agreement, they will try to resolve it out of court in accordance with the Law of Montenegro on the Protection of Consumer Rights.
Article 15 The Seller and the Buyer agree to the jurisdiction of the court in Podgorica, if the dispute under this agreement is not resolved out of court.
Article 16 This distance purchase and sale agreement is concluded in electronic form and is considered concluded from the moment the order is placed by the Buyer.