Terms

1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Kuban Digital, trading as "KubanPay" (hereinafter referred to as "Provider"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with product vendors (hereinafter referred to as "Sellers") in respect of the goods sold by Sellers in this online presence of the Provider. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

3. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the course of his commercial or independent professional activity.

4. The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

5. The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

6. The seller may accept the customer's offer within five days, by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer's order has been placed.

7. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

8. When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and communicated to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

9. Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.

10. The Montenegrian, German, English and Russian languages are available for the conclusion of the contract.

11. Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

12. Consumers are generally entitled to a right of rescission. Further information on the right of rescission can be found in the seller's instructions on rescission.

13. Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. The customer will be informed of the payment method(s) in the seller's online shop. If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

14. If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

15. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision on this in the seller's instructions on withdrawal shall apply to the costs of return.

16. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment; The customer shall be deemed to have transferred the goods to the seller as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to effect the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to effect the shipment and the seller has not previously named this person or institution to the customer.

17. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately.

18. All legal relations between the parties shall be governed by the laws of the Republic of Montenegro to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.