Terms and Conditions
These General Terms and Conditions ("Terms") are valid from November 8, 2023.
 
1. General Provisions
 
These Terms apply to the purchase of goods or the use of services on the montepivo.me online store when the seller delivers goods or services (referred to as "Products") to the buyer. These Terms define and specify the rights and obligations of the seller (also referred to as the "Seller") and the buyer (also referred to as the "Buyer") arising in connection with the conclusion of a sales contract (referred to as the "Contract").
 
2. Contract Conclusion (Order)
 
The Seller offers their Products on the montepivo.me website. The Buyer and the Seller agree that the Products on the montepivo.me online store are clearly defined, especially in terms of quantity, quality, design, and type. The Buyer can purchase the offered Product and have it delivered for a specified fee. The store's web interface contains information about expenses related to the packaging and delivery of the Product. Information about expenses related to the packaging and delivery of the Product specified on the store's web interface is valid only in cases when the Product is delivered within the territory of Montenegro.
 
The Buyer confirms that they are eighteen (18) years of age:
1. When receiving the package, the recipient will be required to present an original document verifying their identity - an identity card, driver's license, or passport to confirm the recipient's legal drinking age if the package contains alcoholic beverages.
2. MONTEPIVO Transport - transportation order:
When receiving the package, the recipient will be required to present an original document verifying their identity - an identity card, driver's license, or passport to confirm the recipient's legal drinking age if the package contains alcoholic beverages.
 
The Seller hereby declares and informs that visiting the online store, ordering, and selling alcoholic beverages (referred to as "goods") to individuals under the age of 18 is prohibited. Anyone who visits the online store is considered a customer of this website and is obliged to comply with applicable legal norms when using it, act in accordance with good manners and these Terms, and not harm the reputation and rights of the Seller. Only individuals who have reached the age of 18 have the right to visit the online store and access its presentation. The Buyer always confirms their attainment of the age of 18 before accessing the online store's presentation by clicking the "I am 18 years or older" checkbox, which is always displayed before accessing the online store's presentation, with a warning about the necessity to be 18 years old.
 
An order created by selecting a specific Product with a set price and chosen quantity through the montepivo.me online store constitutes a draft of the Contract.
4.1 The Buyer selects a product by clicking the "Buy or Create an Order" button. The ordered product is placed in the electronic shopping cart of the store's web interface. Here, the Buyer can modify the quantity of the ordered product, remove items, clear the cart, or proceed with the purchase. Then, by clicking the "Checkout or Confirm Order" button, you are required to complete the order as follows:
5.1 As a "Guest" ("Purchase without registration") or "Register," then fill out "Billing Information," "Delivery Information," "Delivery Method," and "Payment Information."
5.2 Registered customers can "Log in" using their email address and password.
 
Before submitting the order, the Buyer can review and modify the necessary information provided in the order. The Buyer must complete all the information and requirements provided in the form for the electronic order.
The Contract with the Seller is considered concluded when the Buyer submits the order by clicking the "Confirm Order" button, which appears in the "Order Summary" section. All orders placed through the montepivo.me online store are binding. By submitting the order, the Buyer confirms that they have read and agreed to these Terms.
By filling out the registration form or a mandatory order in the montepivo.me online store, the Buyer consents to the collection and archiving of their personal data by the Seller, including information about their purchases.
After the Contract is concluded, the Seller will immediately send the Buyer a confirmation of receiving the order to the email address provided in the order. The Seller has the right to request additional confirmation of the order from the Buyer in writing or by phone. If the Buyer does not confirm the order without undue delay, the order is considered invalid.
 
Upon receiving the Buyer's order, the Seller's employee will promptly check the availability of the requested Product, and a representative of the Seller will contact the Buyer at the email/phone number provided in the order to communicate the delivery date. Orders received on weekends and holidays are always confirmed on the next working day. The place of delivery of the Product is the address specified by the Buyer in the order.
If the Product is not in stock, the Seller's representative will inform the Buyer of the estimated delivery date or offer the Buyer an adequate compensation. If the Product is available in stock, the Seller will deliver it to the Buyer at the address specified in the order (usually within 48 hours). The ordered product is delivered by a transport service between 8:00 and 19:00. The Seller hands over the ordered Product to the Buyer, their legal representative, or a designated person at a location agreed upon by both parties. The Buyer is obligated to accept the ordered Product. Upon acceptance of the Product, the Seller provides the Buyer with a tax document specifying the characteristics of the ordered Product and its price.
 
3. Product Price and Delivery
 
The prices of the offered Products are stated in euros and include value-added tax (referred to as "VAT"). The prices of the Products remain valid as long as they are displayed in the store's web interface. In the case of delivery by the Seller, a transportation fee is added to the Product's price. The delivery cost is published on the Seller's website.
 
4. Payment Terms
 
The Product price specified in the Contract, or any additional expenses, are to be paid by the Buyer using one of the following methods:
- Cash on delivery – the Product's price is paid in cash to the driver of the transport service upon receiving the Product from the said service. The delivery service will release the Product after payment of the requested price.
- Prepayment by bank transfer – the Seller will provide the Buyer with the necessary information for paying the Product (total amount, bank account number, variable symbol) to the Buyer's email, fax, or postal mail address, and the Product will be dispatched after the payment is made.
- Cash payment – upon receiving the Product at the Seller's address. The Seller will release the Product after payment of the required price.
A fee for changing the invoice data for already issued tax documents is 5 euros without VAT.
 
5. Права и обязанности Продавца
 

The Seller is obligated to process the mandatory order, send the ordered Product, and deliver it to the Buyer at the address within the timeframe communicated to the Buyer upon order confirmation. Upon receiving the Product from our carrier, the Buyer will receive a tax document for the Product.

All personal data provided during registration is confidential (see Personal Data Protection). The Seller is obligated to remove a registered Buyer from the database if the Buyer requests this in writing.

The Seller has the right to reject an order if the Buyer repeatedly fails to fulfill their obligations to receive the Product and pay the purchase price.

According to the Sales Records Act, the Seller is obligated to provide the Buyer with a receipt. The Seller is also obligated to register the sales received with the tax administrator; in the case of technical failure, this must be done no later than within 48 hours.

The Seller is responsible to the Buyer for ensuring that the Product, when accepted by the Buyer, is free from defects and conforms to the quality required by legislation at the time of acceptance. This quality means that the Product:

  • Possesses properties agreed upon in the Contract, described by the Seller or the manufacturer, or based on their advertisements, taking into account the nature of the expected Product, or has properties that are customary for goods of this type.
  • Is suitable for the purpose for which the Seller claims its use or for which goods of this type are commonly used.
  • Conforms in quality or design to the contractual sample or model.
  • Is in the appropriate quantity, measure, or weight.
  • Complies with the requirements of legal regulations.
 
6. Buyer's Rights and Responsibilities
 

The Buyer is obligated to provide the correct and complete postal address to which the ordered Product will be delivered.

The Buyer is obligated to accept the ordered Product and pay its full price. The full price is understood by the Buyer at the time of order placement, even before its mandatory confirmation.

The Buyer has the right to cancel a dispatched order or return a product within 2 days of receiving an online purchase.

The Buyer has the right to have their personal data removed from the database upon a written request. The Seller is obligated to delete all data about the Buyer from the database no later than 7 days from the date of receiving the written request.

 
7. Procedure for Receiving Goods, Acceptance of Goods, Goods Retrieval, and Withdrawal from the Agreement
 

When accepting Goods from the transportation service, the Buyer is obligated to always check the integrity of the transport packaging and the characteristics of the delivered Goods to ensure they correspond to their order.

Here is the procedure to follow in case of damage to the shipment - DELIVERY PROCEDURE for postal service, courier service:

The product you ordered was inspected before packaging and shipment and then handed over to the carrier in undamaged condition.

If signs of damage are discovered after unpacking the product, you must inform us of the damage according to the method of delivery used:

Postal service - IMMEDIATELY UPON RECEIPT AT THE POST OFFICE or when delivered by the carrier NO LATER THAN THE SECOND WORKING DAY AFTER DELIVERY.
 
Courier service - NO LATER THAN THE SECOND WORKING DAY AFTER DELIVERY.
 
Transport "Montepivo" - NO LATER THAN THE SECOND WORKING DAY AFTER DELIVERY.
 
Please report your complaint via email: montepivo@gmail.com, and to expedite the resolution of the complaint, attach photos of:
 
  • The damaged product (or production label)
  • The external transport packaging (including the transport label, handling and loading signs, and any visible damage)
  • The storage of the product in the shipment, including the internal contents (important).

If the Buyer has doubts about the quality of the received Goods, they may refuse to accept the Goods. If the Goods have defects, the Buyer is obligated to return the Goods to the carrier.

The Buyer has the right to withdraw from the Agreement without stating reasons within 7 (seven) days from the moment of accepting the Goods when purchasing Goods through the Internet (i.e., in cases of concluding the Agreement through means of remote communication). If the subject of the Agreement is the provision of services, the 7 (seven) day period starts from the moment of its conclusion. The Buyer must notify the Seller of their withdrawal from the Agreement upon accepting the Goods, and if this is not possible, then by phone at [+38268159929(whatsapp,viber)]. In the case of withdrawing from the Agreement, the Buyer can also use the form provided by the Seller, which the Buyer sends via email to the address [montepivo@gmail.com]. The Buyer can request the withdrawal form from the Seller via email [montepivo@gmail.com] for Goods purchased through the Internet.

The possibility of withdrawal from the Agreement within 7 (seven) days without stating reasons does not apply to the Agreement for the supply of food products, beverages, or other general consumer goods delivered by regular courier services to the Buyer's home or place of residence.

The possibility of withdrawing from the Agreement within 7 (seven) days without stating reasons does not apply to:

  • The provision of services from the moment of their performance, and if the Buyer has given explicit consent for the performance before the withdrawal period expires, and the Seller has informed the Buyer before concluding the contract that in the case of the full provision of the service, the Buyer will lose the right to withdraw from the Agreement.
  • The supply of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations, regardless of the Seller's will.
  • Goods modified according to the Buyer's preferences or for their personal use.
  • Goods susceptible to rapid spoilage, as well as Goods that have become inseparably mixed with other Goods after delivery.
  • Repairs or technical maintenance carried out at the location specified by the Buyer's preference, and the supply of spare parts necessary for repair or technical maintenance.
  • Goods in sealed packaging that the Buyer has opened, and for hygiene reasons, their return is not possible.
  • For the delivery of newspapers, periodicals, and magazines.

The Buyer is obliged to file a complaint within 24 hours from the moment of receiving fresh products intended for consumption within 24 hours.

The Buyer is not obligated to inspect the Goods upon acceptance, and defects that the Goods have at the time of acceptance (for example, if the Goods do not meet agreed or customary characteristics, quality, quantity, or do not comply with safety standards) can be objected to within 24 months after the acceptance of the Goods (i.e., the warranty period), if the defect is presumed to have existed during the first six months. By law, within the first six months, the Goods were assumed to have a disputable defect at the time of acceptance, unless the Seller can prove otherwise. However, to prove otherwise, a simple general statement, such as non-compliance with handling principles, is not sufficient. If it is present on the sold Goods, its packaging, the instructions accompanying the Goods, or in advertising in accordance with other legal norms during a specified period in which the Goods can be used, quality warranty provisions apply.

The Buyer has the right to a defect that arises in the Goods within 2 weeks from the moment of receipt, except for:

  • Goods sold with a shelf life (i.e., a minimum use-by date) indicated on their packaging, in the instructions accompanying them, or in advertising in accordance with legal norms.
  • Goods deemed defective due to the weight not matching the weight of the item ordered by the Buyer in the order, provided the weight deviation does not exceed 20% of the total weight of the ordered item.
  • Wear and tear of the Goods resulting from their normal use.
  • Goods sold at a lower price due to a defect for which a lower price was agreed, provided it is consistent with the nature of the Goods.

The warranty period is calculated from the moment the Goods are handed over to the Buyer or sent to the Buyer's destination.

If a defect is discovered in Goods purchased online after their receipt, the Buyer is not obligated to make a claim about the product but can choose to withdraw from the Agreement within 7 days. The same applies if the Goods arrive already damaged.

If the Buyer purchased Goods online and subsequently discovers that the Goods or their accessories do not match the quantity or quantity described by the Seller and cannot rectify the situation by delivering the correct quantity or quantity, the Buyer can withdraw from the Agreement due to the quality non-compliance of the Goods upon receipt.

If the Buyer purchased Goods on the Internet and subsequently discovered that the Goods initially had a defect that cannot be repaired or exchanged for a new product, the Buyer has the right to withdraw from the Agreement due to non-compliance with the quality of the Goods upon receipt.

The Buyer has the right to receive a new Goods or only its components, if they are not disproportionate to the nature of the defect. If the exchange of the Goods or its parts is not possible, the Buyer has the right to withdraw from the Agreement. In a different situation, if the defect can be rectified by repair without undue delay and demanding a new product would be unreasonable, the Buyer has the right to have the Goods repaired. The right to a discount always belongs to the Buyer if they have not exercised any other right.

It is not prohibited to return unpacked Goods or test the Goods to check their properties. However, if the Buyer damages the Goods themselves, for example, if the Goods fall and break, or if the Buyer handles the Goods in a way that is not absolutely necessary to check their properties (e.g., intentionally damages them), the Seller may demand compensation. The Buyer is responsible for the decrease in the value of the Goods. The amount by which the Seller will subsequently reduce the refunded purchase price should not be unreasonable.

If the Contract was concluded over the Internet, the right to withdraw does not change the method of accepting the Goods, i.e., the Buyer receiving the Goods in person. In this case, if the purchase of the Goods in a physical store was immediately preceded by the Buyer's personal contact with the Seller outside of its premises, the Buyer has the right to withdraw from this Agreement within 7 days from the moment of receiving the Goods without stating reasons. The Agreement concluded in this manner is considered to have been concluded outside of the business premises.

The Seller must decide on a complaint immediately, in complex cases, within 3 working days. Only if the complaint requires professional evaluation or defect rectification, the Seller may process the complaint no later than within 30 days. The Seller has up to 30 calendar days from the submission of the claim by the Buyer to settle the claim, but they always strive to settle the claim without undue delays. The form for claiming the purchased product can be requested from the Seller via email [montepivo@gmail.com].

The Buyer is obliged to return the purchased Goods online if they exercise their right to withdraw from the Agreement within 7 days from the receipt of the Goods. The Buyer can send or hand over the purchased Goods to the Seller.

The Seller has a period of 14 days from the return of the Goods to refund the Buyer the funds, including the delivery costs of the Goods. The Seller does not refund the funds until the Goods are received (returned) to them. The Seller may delay the refund until the Buyer proves to them that they have already sent the Goods to the Seller.

The Buyer is responsible to the Seller for the decrease in the value of the Goods resulting from handling the Goods in a manner other than necessary, taking into account their nature and characteristics.

The Seller must return the funds in the same way they received them. The Seller will only return the funds to the Buyer in a different way if the Buyer agrees to it, and the Buyer does not incur additional costs. Self-pickup is not considered a delivery method.

If a gift is provided to the Buyer along with the Goods, a gift agreement between the Buyer and the Seller is concluded with the proviso that in case of the Buyer's withdrawal from the Agreement, the gift agreement for such a gift ceases to be valid, and the Buyer is obliged to return the item provided as a gift together with the Goods.

 
8. Personal Data Protection
 

The Seller commits to not disclose the Buyer's personal data in any form to third parties. According to the law, the Buyer's data will be protected and used only during communication between the Seller and the Buyer. We value the trust of the Buyer, and, therefore, the Seller safeguards the Buyer's personal data from unlawful use.

The Buyer's personal data is used solely for the purpose of fulfilling the ordered services (e.g., delivering products) and is also used for necessary accounting operations, preparing tax documents, or identifying the Buyer's payment.

Information about the processing of personal data is contained in the Customer Data Protection Policy.

 
9. Out-of-Court Resolution of Consumer Disputes
 
In accordance with consumer protection laws, the Seller informs the consumer about the possibility of resolving disputes arising from contracts concluded with the Seller through a consumer dispute resolution entity.
 
10. Final Provisions
 

These Terms and Conditions are an integral part of the Agreement.

This Agreement and the relationships arising from it are governed by the legal system of Montenegro.

If any provision of this Agreement becomes invalid or unenforceable, it will not affect the validity and enforceability of the other provisions of this Agreement. The parties agree to replace the invalid or unenforceable provision with a new provision, the wording of which will correspond to the intention expressed in the original provision and this Agreement as a whole.

By submitting an electronic order, the Customer accepts all the provisions of the Terms and Conditions in the version applicable on the day of sending the order, including the valid price of the ordered product as listed in the montepivo.me online store catalog, unless otherwise explicitly agreed in a specific case.

The current version of the Terms and Conditions will always be available on the montepivo.me website with the date from which the Terms and Conditions come into effect.

The Seller may change or supplement the wording of the Terms and Conditions. However, this does not affect the rights and obligations that have already arisen during the period of validity of the previous version of the Terms and Conditions.

Price changes due to changes in prices are protected, changes in product parameters due to technical changes are protected, and possible errors in texts or images are protected. The images and texts used are valid at the time of posting the product in the online store. Manufacturers and the operator of the online store reserve the right to change the design, equipment, and parameters of the product without prior notice.