These Terms and Conditions are applicable to the Montejaur Webshop (“Online Shop”) at www.Montejaur.com/us/en and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Montejaur Inc, a division of MontejaurAB (herein, “Montejaur”, “we” or “us” as the context may require).
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Terms and Conditions give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
- AboutThese Terms and Conditions
These Terms and Conditions only apply to purchases made in this Online Shop. Other Montejaur web sites on the internet may have different terms and conditions. From time to time Montejaur may change or alter these Terms and Conditions which will be applicable to orders placed on or after the effective date stated by Montejaur.
Information contained in Montejaur’s advertising, brochures or other written materials, on Montejaur web sites or given to you, is for information only and not an offer by Montejaur to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS
- Placing an Order
Please note that we only deliver the Products within the United States.
To be able to buy Products you have to:
provide your name and address, phone number, email address, payment details and other required information;
be at least 18 years of age;
provide a delivery address in the United States (Note that Montejaur is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses); and
be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the “Place order” button.
- Order Processing and Contract Formation
You agree that your order is an offer to buy the Products listed in your order under these Terms and Conditions. All orders must be accepted by Montejaur. We may choose not to accept abnormal orders and orders which Montejaur suspects are not placed in good faith.
After having received your order, we will send you an acknowledgement email (“Your Montejaur Order”) with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between Montejaur and you will not take place unless and until you have received Your Montejaur Order confirmation email.
You have the option to cancel your order at any stage by contacting Montejaur customer service by e-mailing to email@example.com before we have printed the freight documents.
- Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product and its Freight will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Montejaur may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
- Product Availability and Delivery, Circumstances Beyond Reasonable Control
Montejaur does not guarantee the availability of any Product in the Online Shop. Montejaur reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
For details on different delivery options please see summary of our services.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Montejaur.
Montejaur shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
- Compatibility, Product Information
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Montejaur web site the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment alternatives offered are credit/debit card payment via DIBS, and transaction via Paypal. Both DIBS and Paypal are certified third-party online payment solutions.
Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products.
- Title to Products
Montejaur retains full legal title to Products until it has received all amounts due on the ordered Products.
- Return and Refund, Other Options
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the unused and undamaged product within ten (10) calendar days after the date of receipt of the delivery.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service either via email (firstname.lastname@example.org) or by phone for assistance.
- How to ReturnItems?
A return label will be sent to you once you have notified us and requested a return.
You must return the items in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
Please treat the items with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, or 5) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card fifteen (15) calendar days after the date of receipt of the delivery.
Please note that Montejaur will only process returns and refunds for items bought in this Online Shop.
- Warranties and StatutoryRights
Montejaur limited manufacturer’s warranty, applicable to products being purchased from the Montejaur online shop:
Montejaur Inc warrants this product to the original purchaser to be free of material and/or workmanship defects for a period of one year after the date of original retail purchase. Proof of the original purchase is required to obtain a remedy under this limited warranty and the product must be returned to Montejaur at your expense.
During the limited warranty period, Montejaur or its authorized service representative will repair or replace at Montejaur’s option, without charge, a materially defective product. We may use new or refurbished replacement parts. If we replace the product, it may be with a new or refurbished product of same or similar design. Montejaur may keep any removed or defective parts, and/or replaced product. The repaired or replaced product is warranted for the remainder of the original warranty or 90 days, whichever is greater. Repair or replacement of this product at Montejaur’s option is your exclusive remedy.
This limited warranty only applies to products purchased, used and serviced in the United States and its territories. If you purchased this product outside of the United States, contact Montejaur for service information.
This is the only warranty applicable to this product. All other warranties express or implied including all implied warranties of merchantability of fitness for a particular purpose are hereby disclaimed. Montejaur is not liable for any indirect, incidental, consequental or similar damages including, but not limited to, lost profits or revenue, inability to use the product, or any other associated equipment, the cost of substitute equipment, and any claims by third parties resulting from the use of this product.
This warranty gives you specific legal rights, and you may have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions stated above may not apply.
What Is NOT Covered Under This Limited Warranty:
Normal wear and tear or cosmetic damage.
Damage due to accidents, misuse, physical force, improper installation or operation, mishandling, neglect, fire, heat, chemicals, insect infestation, or other intrusion.
Products that have been repaired, altered or modified by anyone other than Montejaur or its authorized service representative.
Damage caused by use of non Montejaur accessories or misapplication.
Products purchased, shipped from, used or serviced outside the United States.
Damage caused by acts of nature such as, but not limited to, lightning damage.
Products returned without valid proof of purchase.
There are no other warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the ordered items (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the ordered items are suitable for your purposes.
For other than Montejaur Products (even if they are contained in Product bundles or promotions), all warranty claims are to be made in accordance with the warranty terms and conditions of the manufacturer.
If you believe that you are entitled to repair services under the Montejaur limited manufacturer’s warranty or based on your statutory rights, please contact our customer service either via email (email@example.com) or by phone.
This Policy applies to personal data collected in connection with products and services offered by Montejaur.
By using the relevant website /or by submitting personal data to Montejaur, you express your consent and agreement to the processing of your personal data in the manner provided in this Policy. If you do not agree with this Policy, please do not use this website, or provide Montejaur with your personal data, or do not grant your consent otherwise.
We collect your personal data when you make a purchase, or otherwise interact with us. We endeavor to collect personal data only with your knowledge or consent. Below are examples of the categories of data collected.
Information you provide us with when you make a purchase, or otherwise interact with us, we may ask you to provide us with information such as your name, email address, postal address, phone number, that may be needed to provide you with the products you have requested or to communicate with you, as well as information uploaded by you such as location, pictures etc. Your transactions with us We collect or ask for information relating to your purchase and/or use of our products and/or services and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products provided (including delivery details), financial details (including payments made, billing address, and other such financial information), details of agreements between you and Montejaur, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information.
The Purposes For Which We Process Your Personal Data
We may use your personal data to fulfill your requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and Montejaur, to ensure the functionality and security of our products and services, to identify you and to prevent and investigate fraud and other misuses.
We may use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services. We may also use your personal data to personalize our offering and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising in our websites. We may combine personal data collected in connection with your use of a particular Montejaur product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose. We may create aggregate and statistical information based on your personal data.
We may use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may use your personal data for marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer.
Sharing Your Personal Data
We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.
We may share your personal data to third parties not mentioned in this document only if we have your consent to do so. Your consent may, depending on the service, be implied or express. For example, if you submit and publish your own personal data to our user communities, such actions will be construed as you granting your consent to such processing.
We may share your personal data to authorized third parties who process personal data for the purposes described in this Policy, such as e.g., logistics service providers. Such parties are not permitted to use your personal data for other purposes, and we require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Montejaur’s legitimate interests, for example, in civil or criminal legal proceedings.
Collecting the Data of Minors
Montejaur does not seek to collect any information from or engage in any transactions with persons under the age of 13. Our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to determine precisely the age of the user. We reserve the right to block the service from any person who is under 13 years of age.
Montejaur’s policy is to request that minors (the legal age of majority and therefore the age of minors is determined by local law where you reside) do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law.
We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data. Please remember that it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes.
Montejaur takes reasonable technical and organizational information security measures to prevent and minimize such risks associated with providing personal data.
Such measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidential damage or destruction to your personal data. If a particular part of a Montejaur website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions.
In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Terms and Conditions. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
- Contact details
Montejaur customer support will assist you with any questions. You can contact us either via email or by phone.
These Terms and Conditions shall be governed and construed in accordance with laws of the State of Wisconsin, USA.