Cancellation & Replacement Policy
This Cancellation and Replacement Policy (the Policy) governs the conditions under which a kitten or puppy
purchased through the Balkitten.me Marketplace (the Marketplace) may be returned, replaced, or refunded.
This Policy forms an integral part of the Balkitten.me
Public Offer Agreement
and must be read in conjunction with it.
By placing an order on the Marketplace, the Buyer acknowledges and accepts the terms set out below.
Where a direct purchase contract between the Buyer and the Breeder contains provisions regarding returns or exchanges,
those provisions shall take precedence. In the absence of such provisions, this Policy shall apply in full.
The Marketplace Operator is Real Application DOO Bar, registered in Montenegro
(Company No. 03641163), acting as an intermediary between Buyers and Breeders.
The Operator does not own, breed, or sell the animals listed on the platform, but facilitates the purchase process
and may act as arbitrator in eligible disputes where payment was made through the Marketplace.
§ 01 Legal Basis
1.1.
Living animals are not classified as standard consumer goods and are therefore
excluded from the statutory 14-day right of withdrawal applicable to distance contracts under the
Law on Consumer Protection of Montenegro. This exclusion reflects the biological nature of live animals
and the individual care requirements that arise from the moment of transfer to the Buyer.
1.2.
Notwithstanding the above, in specific justified circumstances a Pet may be eligible for return, replacement, or partial refund
in accordance with the provisions of this Policy. Any such claim must be supported by appropriate documentation
as detailed in the sections below.
1.3.
The Marketplace acts solely as an intermediary and arbitral body in eligible disputes.
The contractual relationship for the sale of the Pet exists between the Buyer and the Breeder.
The Marketplace's arbitral role is available only where payment was processed through the Balkitten.me platform.
Transactions settled outside the platform cannot be mediated by the Marketplace.
§ 02 Valid Grounds for Return
The following circumstances constitute valid grounds for initiating a cancellation request.
All claims must be substantiated by official documentation from a qualified professional, as specified below.
2.1. Allergy Manifesting After Arrival.
A confirmed allergic reaction in a member of the Buyer's household, arising within
seven (7) calendar days of the Pet's arrival, constitutes a valid ground for return.
The allergy must be confirmed by an official written conclusion from a licensed allergy specialist,
specifically attributing the reaction to the purchased animal and not to another cause.
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Buyers who have a pre-existing allergy diagnosis are strongly advised to undergo allergy testing
for the relevant species before placing an order.
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If a Buyer with a previously diagnosed allergy to cats or dogs proceeds with a purchase and subsequently
returns the Pet on allergy grounds, the Breeder is entitled to retain 50% of the purchase price
as compensation for lost opportunity and care costs.
2.2. Undisclosed Congenital Defects.
A congenital defect or hereditary health condition identified in the Pet after purchase constitutes a valid ground for return,
provided the Breeder did not disclose the condition prior to concluding the sale.
If the Breeder disclosed such defects or peculiarities in advance and the Buyer nonetheless agreed to proceed,
those circumstances shall not be considered a basis for return.
2.3. Infectious Disease Within Five Days of Arrival.
An infectious disease diagnosed in the Pet within the first five (5) calendar days following its arrival
at the Buyer's premises constitutes a valid ground for return, provided the diagnosis is confirmed in writing by a licensed
veterinary professional. Unsubstantiated suspicion of illness is not sufficient.
Where an immediate diagnosis is not possible, the Buyer must obtain an official veterinary report documenting
the observed clinical signs.
2.4. Other Circumstances.
Other issues arising in the Pet's new home, including significant behavioural problems,
may be considered on a case-by-case basis at the discretion of the Marketplace arbitral body.
Such claims require objective supporting evidence, such as a veterinary behavioural assessment or documented video footage.
§ 03 Grounds Not Accepted for Return
The following circumstances do not constitute valid grounds for cancellation under this Policy.
Where a Buyer nonetheless wishes to discuss a return, the Breeder retains the sole discretion to agree or decline.
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Allergy of the Pet to substances in the Buyer's home.
The Buyer may notify the Breeder, who may agree to accept the cancellation voluntarily, but is not obliged to do so.
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Infectious disease manifesting more than five (5) days after arrival.
Given that the incubation period of most common feline and canine pathogens is two to three days,
illness appearing after five days is more likely attributable to exposure in the Buyer's environment
rather than to the Breeder's premises.
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Developmental or structural defects not apparent at the time of purchase
and not attributable to conditions that existed prior to transfer.
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Intestinal parasites (worms).
Worm infestations are common in growing animals and typically persist despite standard deworming protocols.
They can be effectively managed with one or two courses of appropriate antiparasitic medication
and are generally not hazardous to humans when basic hygiene is maintained.
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Epiphora (watery eyes).
Epiphora is a clinical sign, not an independent diagnosis. It does not constitute a ground for return
unless it is confirmed in writing by a veterinarian as a symptom of infectious disease or
a structural defect of the eyelid that was present prior to transfer.
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Behavioral and socialization difficulties.
Common adjustment behaviors — including reluctance to use a litter tray in a new environment,
scratching of furniture, excessive vocalisation, avoidance of contact, or hiding — do not constitute
grounds for return. These behaviors can almost always be resolved through consistent handling
and adherence to the Breeder's care guidance. Severe psychological disorders,
confirmed by a licensed veterinary behaviourist or documented on video, may be considered
for cancellation or exchange at the Breeder's discretion.
§ 04 Buyer's Cancellation Procedure
4.1.
As a prerequisite to any Cancellation request, the Buyer must obtain official documentation supporting the stated ground for return.
In cases of health-related grounds, this requires a written diagnosis or clinical report from a licensed veterinary professional.
In cases of behavioural grounds, this requires video evidence and, where possible, a written assessment
from a qualified veterinary behaviourist.
4.2.
Once the supporting documentation has been obtained, the Buyer must submit a written cancellation request to the
Marketplace Administration at
info@balkitten.me.
The request may be written in free form but must include:
- a description of the ground for return;
- a scanned copy of the official veterinary or medical report; and
- any supporting video material, where applicable.
4.3.
Upon receipt of the cancellation request, the Breeder shall have three (3) business days to confirm acceptance
or raise an objection. If the Breeder accepts, the parties shall correspond directly to agree on the logistics of the return.
4.4.
When returning the Pet, the Buyer must place the animal in an appropriate transport carrier and hand it over to an
authorised courier together with the original veterinary or medical report bearing an ink stamp and authorised signature.
Photocopies are not accepted. Following dispatch, the Buyer must notify the Breeder with full shipment details.
4.5.
All cancellation transportation costs are the sole responsibility of the Buyer.
Veterinary expenses incurred by the Buyer prior to the cancellation are likewise borne by the Buyer
and are not eligible for reimbursement by the Breeder or the Marketplace.
4.6.
Upon receipt of the returned Pet, the Breeder must issue the applicable refund within
three (3) business days. Both parties are required to notify the Marketplace Administration
in writing upon settlement of the dispute.
§ 05 Dispute Resolution
5.1.
If the Breeder considers the cancellation request unsubstantiated, the Breeder may submit a written objection to the
Marketplace Administration within three (3) business days of receiving the cancellation request.
5.2.
The Balkitten.me arbitral body shall review the appeal and issue a written recommendation within
three (3) business days of receipt. Where the Buyer's documentation corresponds to a valid ground
listed under § 02 of this Policy, the recommendation shall be issued in favour of the Buyer.
Where the documentation is insufficient or the ground does not meet the criteria set out in this Policy,
the recommendation shall be issued in favour of the Breeder.
5.3.
The Marketplace's arbitral recommendation is advisory in nature and is not legally binding.
However, it constitutes an official record that may be presented in court proceedings should the parties
fail to reach an agreement through negotiation.
5.4.
If the parties are unable to resolve the dispute by agreement, either party retains the right to seek resolution
through the competent court of jurisdiction.
5.5.
The Marketplace's arbitral role is available exclusively in cases where payment was processed through the
Balkitten.me platform. Where payment was made directly between the Buyer and the Breeder,
the Marketplace holds no record of the transaction and cannot act as arbitrator.
§ 06 Refund Settlement
6.1.
Where the valid ground for cancellation is an infectious disease or an undisclosed congenital defect identified
within five (5) days of the Pet's arrival, the Breeder shall refund
the full purchase price of the Pet to the Buyer.
cancellation transportation costs and veterinary expenses are excluded from the refund in all cases.
6.2.
Where the valid ground for cancellation is an allergy confirmed by a licensed allergy specialist within
seven (7) days of arrival, the Breeder shall refund 50% of the purchase price.
The retained portion compensates the Breeder for direct care costs and the loss of opportunity
to sell the Pet to other prospective buyers during the period of reservation and transfer.
6.3.
No refund shall be issued after thirty (30) calendar days from the original date of delivery
or collection, regardless of the circumstances. The Breeder may, however, elect to accept the cancellation of
the Pet at the Buyer's request after this period at their sole discretion, without any obligation to issue a refund.
6.4.
Refunds shall be issued by the Breeder within three (3) business days of receiving the returned Pet.
Payment shall be made by the same method originally used by the Buyer, unless otherwise agreed in writing.
§ 07 Pet Exchange
7.1.
In lieu of a refund, the Buyer and the Breeder may agree to exchange the returned Pet for another kitten or puppy
of comparable value. Any such exchange is subject to mutual written agreement and to the availability of a suitable animal.
7.2.
The exchange option is confirmed separately following the submission of an accepted cancellation request.
The exchange does not affect the Buyer's obligation to comply with the cancellation procedure set out in § 04 of this Policy.
7.3.
All transportation and associated costs related to the exchange — including both the cancellation of the original Pet
and the delivery of the replacement — shall be borne exclusively by the Buyer.
This Policy was prepared for Balkitten.me and is subject to the laws of Montenegro.
In the event of any conflict between this Policy and the applicable Public Offer Agreement,
the Public Offer Agreement shall prevail. For questions or clarifications, please contact
info@balkitten.me.
