1. Right to unilaterally withdraw from the contract
The consumer has the right, except in cases where such right is excluded by applicable regulations, to unilaterally withdraw from a contract concluded off-premises or at a distance, without stating any reason, within 14 days.
In the case of a sales contract, the 14-day period starts to run from the day on which the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier.
If, within a single order, several items of goods have been ordered to be delivered separately, or goods are delivered in several parts or several consignments, the period starts to run from the day of delivery of the last part or the last consignment of the goods.
In order to exercise the right to unilaterally withdraw from the contract, the consumer must, before the expiry of the above period, deliver to the trader a completed withdrawal form or another unequivocal statement of withdrawal from the contract.
Notice of withdrawal from the contract may be submitted in electronic form through the electronic form available on the website siemoto.me, or by sending an email to info@siemoto.me.
If the notice of withdrawal from the contract is submitted through the website, the trader shall, without delay, provide the consumer with confirmation of receipt of such notice in electronic form.
2. Consequences of unilateral withdrawal from the contract
2.1. Refund of the amount paid
In the event of unilateral withdrawal from the contract, the trader shall refund to the consumer everything paid under the contract, including the costs of standard delivery, without delay and no later than within 14 days from the date of receipt of the notice of withdrawal from the contract.
If the consumer chose a type of transport that is more expensive than the cheapest standard transport offered by the trader, the trader is not obliged to reimburse the additional costs arising from such choice.
In the case of a sales contract, unless the trader has offered to collect the goods returned by the consumer himself, the refund of the amount paid shall be made after receipt of the returned goods or after receipt of proof that the goods have been sent to the trader, whichever occurs first.
The refund shall be made using the same means of payment that the consumer used, unless the consumer has expressly agreed to another method of refund, without any additional costs to the consumer.
In the cases provided for in Section 2.4 of this form, the amount of the refund may be reduced by the amount of the depreciation in value of the returned goods.
2.2. Return of goods
In the event of unilateral withdrawal from the contract, the consumer is obliged to return the goods to the trader without delay, and no later than within 14 days from the day on which the consumer informed the trader of the withdrawal from the contract.
The deadline shall be deemed to have been met if, before its expiry, the goods were sent to the trader or handed over to the trader or to a person authorised by the trader to receive the goods.
The fact and date of dispatch or handover of the returned goods are legally relevant for confirming the proper and timely fulfilment of the consumer’s obligation to return the goods.
Upon receipt of the returned goods, the trader has the right to draw up a record of receipt and inspection of the returned goods, recording the completeness and condition of the goods at the time of return.
2.3. Costs of returning the goods
In the event of unilateral withdrawal from the contract, the consumer shall bear the direct costs of returning the goods, unless the trader has agreed to bear those costs or unless the consumer was not previously informed of that obligation.
If, in the case of a contract concluded off-premises, the goods had been delivered to the consumer’s address at the time the contract was concluded and, by their nature, cannot be returned by the usual postal method, the trader shall collect the goods at his own expense.
Goods delivered by postal shipment under the “Free Shipping” terms shall be returned by the consumer by return postal shipment to the sender’s address indicated in the postal documentation.
In cases where the consumer bears the direct costs of return, vehicles shall be returned at the place of delivery of the goods (place of pickup: Đenovići, Herceg Novi).
The consumer may order from the trader a separate return transport service for the vehicle, subject to prior agreement with the trader.
For addresses falling within the trader’s standard tariff zones, the direct costs of return transport of the vehicle shall be determined in accordance with the trader’s valid tariff list, published on the trader’s official website, and shall range from EUR 50 to EUR 140, depending on the zone.
For other addresses in Montenegro that are accessible by public roads with a hard surface and are suitable for safe access, manoeuvring and loading of the returned vehicle, the price of return transport shall be determined individually, but may not exceed EUR 350.
If access to and loading of the returned vehicle at the specified address are objectively not possible, the return shall be carried out from the nearest suitable location appropriate for the safe performance of loading operations.
2.4. Consumer’s responsibility for depreciation in the value of the goods
The consumer shall be liable for any depreciation in the value of the goods resulting from handling of the goods in a manner exceeding what is necessary to establish the nature, characteristics and functionality of the goods.
Circumstances which, depending on the specific condition of the returned goods, may lead to a reduction in the value of the goods include, in particular:
for vehicles (scooters):
— starting the engine;
— changing the odometer reading;
— adding fuel, oil or other operating fluids;
— any movement or operational use of the vehicle;
— installation of additional equipment, accessories or parts;
— adjustments or other actions exceeding a visual inspection and a check of seating position / ergonomics;
— registration of the vehicle in the consumer’s name, if this affects the possibility of its further sale as a new vehicle;
— damage, dirt, traces of use;
— missing parts of the set, tools, keys, documents, instructions, protective elements or other component parts.
for protective helmets:
— removal of the protective film from the visor or other protective elements;
— traces of wearing or trying on exceeding a usual brief inspection;
— contact with hair, sweat, skin or cosmetics, if it has left traces on the goods;
— damage, dirt, odours;
— missing packaging, inserts, covers, labels, instructions or other component parts.
for additional equipment, spare parts and consumables:
— opening of packaging, where applicable;
— traces of installation, fitting or trial installation;
— contamination with oil, fuel, dust or other substances;
— damage, incompleteness;
— missing fastening material, protective films, packaging, instructions or other component parts.
For the purpose of acquainting the consumer with the properties and characteristics of the vehicle (scooter), and, where permitted by the nature of the goods, with the manner of its use, the trader allows a prior inspection limited to a visual inspection of the goods and a check of seating position / ergonomics.
In exceptional cases, a short controlled demonstration ride on a special demonstration scooter of the same or a similar type is permitted. The scooter that is the subject of sale is not used for these purposes.
The amount of the depreciation in value shall be determined according to the condition of the returned goods, their completeness and the possibility of their further sale.
2.5. Separately contracted vehicle delivery service
If the consumer separately orders and separately pays for a vehicle delivery service, such service shall not be regarded as an integral part of the sales contract for the goods, but shall constitute a separate service provided under special terms.
This service shall be subject to the trader’s special delivery terms and the applicable regulations.
In cases where the subject of such contract is a goods transport service agreed for a specific date or within a specific period of time, the right to unilaterally withdraw from the contract shall not apply, in accordance with the applicable regulations.
This does not affect the consumer’s right to unilaterally withdraw from the sales contract for the goods, where such right exists in accordance with the law.