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Terms & Conditions
TERMS OF WEBSITE USE
1. INTRODUCTION
Welcome to the Website.
1.1 When you use, view or browse the Website, you are agreeing to comply with, and be bound by, these Terms of Website Use and the Privacy Policy. If you do not agree with any part of these Terms of Website Use and the Privacy Policy, please do not use our website.
2. PRIVACY POLICY
2.1 We are committed to safeguarding the privacy of our website. Please read our Privacy Policy for further information, which can be accessed via the following link: https://montirex.com/pages/privacy-policy-1.
3. WEBSITE PROHIBITIONS
3.1 With regards to the Website, you must not: misuse the Website; commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as spam; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. We will report any breach by you of this provision, that constitutes a criminal offence, to the relevant law enforcement authorities and disclose your identity to them.
3.2 We, our directors, employees or representatives shall not be responsible for any damage, loss, cost or expense in relation to a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Linked Websites
4. WEBSITE INTELLECTUAL PROPERTY RIGHTS
4.1 The copyright and other intellectual property rights (including but not limited to trademarks, patents, design, text, logos, trade names, graphics and any other materials) (“Intellectual Property Rights") in all software and content made available to you on or through the Website remains the property of us, or our licensors (as applicable).
4.2 Save as permitted below, you cannot, without our written consent, publish, manipulate, distribute, copy, otherwise reproduce or use in a business or commercial enterprise, in any format, any of the content, copies of the content or the Intellectual Property Rights supplied to you or appearing on the Website.
4.3 You are permitted to download, store, print and display the content supplied on the Website for personal use on the following basis:
4.3.1 none of the content, copies of the content or the Intellectual Property Rights supplied or appearing on the Website are modified in any way.
4.3.2 no graphics on the Website are used separately from accompanying text; and
4.3.3 our copyright and trademark notices and this permission notice appear in all
4.4 We may prohibit you from providing others with links to the Website from time to time.
4.5 If you notice any infringement or breach of Intellectual Property Rights, please notify our technical support team on the following email address: info@Montirex.com.
5. LINKED WEBSITES
5.1 The Website contains links to other websites, which are not operated or controlled by us (“Linked Websites”). We do not accept any responsibility for the Linked Websites and shall not be responsible to you for any damage, loss, cost or expense you suffer in relation to the Linked Websites or from your use of the Linked Websites. Your use of the Linked Websites will be governed by the respective terms and conditions of each individual Linked Website which you should read.
6. REGISTRATION
6.1 Registration on the Website is for your use only. You must not share your username, password or any other registration information with any other person nor with multiple users on a network.
6.2 You have responsibility for the security of any passwords in relation to the Website and, if you know or suspect that someone else knows your password, you must immediately contact our technical support team following email address: info@Montirex.com
6.3 We may suspend or remove your registration at our reasonable discretion if you intentionally act contrary to these Terms of Website Use.
7. SERVICE ACCESS
7.1. Your access to the Website is permitted on a temporary basis. We may at any time withdraw or amend or restrict your access to parts or the whole of the Website for any reason without notice.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.3 We, our directors, employees or representatives shall not be liable or responsible for any damage, loss, cost or expense you suffer in relation to the Website being unavailable at any time or for any period.
7.4 We do not warrant that any materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
8. VISITOR MATERIAL AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary (“Transmitted Material”). We will not be required to do anything in relation to the Transmitted Material, and we shall not be responsible for any damage, loss, cost or expense you suffer in relation to the use of Transmitted Material. We and our nominees shall be free to copy, disclose, distribute, incorporate and otherwise use Transmitted Material and all data, images, sounds, text and other things relating to it for all commercial or non-commercial purposes.
8.2 You must not post or transfer to or from this Website any material:
8.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
8.2.2 which you are not permitted to use.
8.2.3 which is or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
8.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 8.2.
9. DISCLAIMER
9.1 While we try our best to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We, our directors, employees or representatives shall not be liable or responsible for any damage, loss, cost or expense you suffer in relation to the inaccuracy or incompleteness of any material on the Website.
9.2 We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
9.3 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms in relation to this Website.
9.4 We, our directors, employees or representatives or other companies within our corporate group shall not be responsible to you for any damage, loss, cost or expense you suffer due to your use of or reliance on the Website
TERMS AND CONDITIONS OF SALE
1. ORDERING AND DELIVERY
1.1 We display Goods for sale and information relating to those Goods to invite you to make an Order via the Website. You are deemed to have placed an Order with us by ordering Goods through the Website and using the checkout process on the Website. While you may place Orders from time to time, we are not required to accept, and may refuse, the Order.
1.2 As part of the checkout process on the Website, you will be given the opportunity to check your Order and to correct any errors within Your Order. We will send You an Order acknowledgement, detailing the Goods you have ordered. This Order acknowledgement is not our acceptance of your Order. All Orders are subject to the availability of the relevant Goods and confirmation of the Order price.
1.3 You may include multiple types of Goods in an Order. Each Order placed by you will, if accepted by us, form a separate contract between us and you.
1.4 We may refuse to accept your Order in the following circumstances:
1.4.1 where the Goods you have ordered are not available or are out of stock;
1.4.2 where we cannot obtain authorisation for your payment.
1.4.3 if there has been a pricing or product description error on the Website.
1.4.4 if you do not meet any eligibility criteria set out in these Conditions; or
1.4.5 if we suspect that fraudulent activity has or is taking place in connection with your Order; or
1.4.6 if you fail to provide us with all details that are necessary to enable us to complete your Order.
1.5 Shortly after you place an Order, we will contact you via email to confirm our acceptance or rejection of the Order. Our acceptance of an Order takes place only when we contact you to confirm our acceptance of the Order via email. Once we have accepted your order, a binding contract for the purchase of Goods will form between us and you. You will then receive an email notification to confirm your Order has been dispatched with a tracking number.
1.6 We may cancel an Order and/or terminate the contract between you and us if you breach any term of these Conditions.
2. PAYMENT AND PRICING
2.1 The prices displayed on the Website at the time of our acceptance of your Order are the prices applicable to the Goods in your Order.
2.2 Where we charge separately for packing, delivery and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on the shipping page of our website. The rates shown at the time of our acceptance of your Order are applicable to your Order. All prices listed on the site are inclusive of VAT and any import customs clearance (detailed in clause 5.11 below). Additional charges such as delivery charges will be clearly displayed and be included in your “Total Cost.”.
2.3 Before we can dispatch your Order, we must have received your payment in respect of any Goods and any other applicable charges included in your Order (including packing, delivery and insurance) in full, cleared payment.
2.4 While we do our best to ensure there are no errors made on the Website, errors may occur. If you notice any error with regards to price or charges on the Website, please contact our technical support team on the following email: info@Montirex.com, so that we can take note of and rectify the error. We always reserve the right to amend or alter such errors prior to accepting the Order. Additional charges such as delivery charges will be clearly displayed and be included in the total cost of your Order.
2.5 Discount codes may be given out by us from time to time and are only valid in relation to the purchase of non-sale items. Additional terms and conditions may apply in respect of the discount codes. At the time you receive a code, you will also be provided with the specifications, terms and the expiration date that apply to the code. You may only use one discount code per Order you place. You cannot use discount codes together with any other offers, promotions or discounts.
2.6 We may change or withdraw any offers or promotions displayed on the Website without notice and at any time. Any additional term and conditions that apply to an offer or promotion will be provided on the Website.
2.7 If we discover that we do not have sufficient stock of Goods forming part of your Order, we will contact you and cancel or refund your payment transaction within 30 days of your Order. You will not be entitled to any further compensation in connection with the lack of availability of any Goods.
3. RESELLING OF GOODS
3.1 The Goods displayed on the Website are intended for your personal use only and you shall not resell those Goods or use them for commercial purposes. We, our directors, employees or representatives up shall not be liable or responsible for any damage, loss, cost or expense you suffer in relation to the reselling of the Goods or the use of the Goods for a commercial purpose.
3.2 If we reasonably suspect that you intend to resell the Goods or use the Goods for a commercial purpose, we may:
3.2.1 limit the total value of Goods in any Orders you have placed; and
3.2.2 if the total value of Goods in any Order that you have placed exceeds such any such limit, contact you and cancel that Order.
4. CANCELLATION AND RETURNS
4.1 Once you have placed an order with us, you have 15 minutes to amend your order. You can amend the following within your order:
4.1.1 Contact and shipping information: You can update the shipping address, email address, and phone number associated with the order.
4.1.2 Products and quantities: You can add or remove products, and you can adjust the quantity of existing items.
4.1.3 Discounts: Some systems allow you to apply, adjust, or remove discounts on specific line items or the entire order.
4.1.4 Shipping fees: You can change the shipping method in your order.
This does not affect your right to return the Goods in accordance with our Returns Policy.
4.2 You are required to post any returned Goods to us within 28 days of the date on which you notified us of your intention to return such Goods to the following address:
FAO: Montirex
Montirex LTD, Hurricane 52, Estuary Boulevard, Estuary Business Park, Liverpool, L24 8RF
4.3 Where you have returned Goods in accordance with these Conditions, we will provide you with a full refund of the amount you paid, less the original delivery charge, within 14 days of our receipt of the returned Goods.
4.4 Any Goods that you return will be inspected by our quality assurance team and your right to return the Goods to us, as referred to in clause 4.1, will not apply if the relevant Goods have been worn, are not in the original packaging and/or the original tags are not in place (please take care when trying on your item that you are not wearing perfume or makeup). The provisions of this clause 4.5 do not affect your statutory rights, which cannot be changed by us.
4.5 Where you return Goods to us due to a pre-existing fault or defect in the Goods, we will inspect the Goods and, subject to (i) our agreement that a pre-existing fault or defect exists and (ii) you returning the faulty or defective Goods to us within 30 days of your receipt of the Goods, we will replace the Goods or provide you with a refund (including any delivery charges and other costs you have incurred in returning the Goods) as required. This represents our entire liability to you for any claim in respect of the Goods, to the extent we are permitted to limit our liability to you under law.
4.6 We will not replace or refund you for any faulty or defective Goods (i) if we do not reasonably agree that there is a pre-existing defect or fault, (ii) if you continue to use the Goods after discovering the pre-existing fault or defect or (iii) if the defect or fault has been caused:
4.6.1 by wear and tear.
4.6.2 by you, or somebody else, deliberately or accidentally.
4.6.3 by your negligence.
4.6.4 by your failure to follow any product instructions that we have provided; or
4.6.5 if you, or someone else, has misused, altered or repaired the Goods without consulting us.
4.7 These Conditions do not affect your statutory rights, which cannot be changed by us.
4.8 Where you return faulty or defective Goods to us in accordance with these Conditions, you must return the Goods to us in an unused and reasonable condition to the address set out in paragraph 12.3 above.
4.9 We will process your refund or replace defective or faulty Goods within 30 days of you returning the Goods to us in an unused and reasonable condition. Please note that any Goods that You claim are faulty or defective may be sent to our inspections team.
4.10 We are not responsible for any returned Goods (for any reason) that are lost or damaged in the post.
Returns Process
4.11 The following steps must be followed when applying for the return of Goods:
4.11.1 visit our Returns Portal (with your Order number to hand).
4.11.2 enter the order number and email associated with the original order.
4.11.3 select the items of which you’d like to return and why.
4.11.4 select your chosen return method.
4.11.5 print your returns label and attach to the outside of your parcel (there are alternative options other than print).
4.11.6 your parcel will then be ready to be taken to your chosen drop-off point.
4.12 Please view our terms relating to Returns (which can be found at: https://montirex.com/pages/returns-information for more information.
5. DELIVERY
5.1 When placing your Order, you will be given delivery options to choose from (which will include an estimated delivery time depending on the option selected and delivery address).
5.2 Once your Order is dispatched, you will receive a notification from us containing your tracking number. This can be used on the relevant courier’s tracking app/website to track your parcel. Alternatively, you can track your Order via the “Your Orders” page on your Montirex account.
5.3 While we will do our best to deliver the Goods to you in accordance with delivery timescale given on the Website, any such timescales are estimates only. If we are unable to deliver the Goods in accordance with the estimated delivery timescale, we will do our best to inform you of this and to provide you with an updated estimate of the delivery date.
5.4 Dispatch times may vary because of conditions which are outside of our control (including adverse weather conditions and circumstances arising with third parties who carry out deliveries on our behalf). For these (or any other similar) uncontrollable events we will not be responsible for any damage, losses, costs or expenses you suffer resulting from the Goods being delivered outside of the estimated delivery timescale.
5.5 You should inform us of any non-delivery of the Goods within 30 days of the date on which delivery was estimated to take place by contacting our customer service team via info@montirex.com. We will initially try to assist you in finding the location of your parcel and if this is unsuccessful, we will raise an investigation with the courier and provide such other assistance as you may reasonably require.
5.6 We cannot guarantee that all Goods contained in an Order will be delivered to you as part of a single delivery and we may deliver Goods to you as part of separate deliveries.
5.7 Once the Goods have been delivered to you, the ownership and risk in the Goods will pass to you.
5.8 If on the delivery of the Goods to you, you become aware of errors that mean that the Goods you receive are not consistent with the Goods set out in your Order, please contact our technical support team, on the following email address: info@Montirex.com, so that we can take note of and rectify the error. If you have received Goods due to such an error, and intend to return those to us, the Goods must not be used by you.
5.9 We may make alternative arrangements for the delivery of the Goods to you. Such alternative arrangements include leaving the Goods with a neighbour or in a safe place in or around the delivery address that is contained in the Order or that we agree with you.
5.10 We will deliver the Goods to the location set out in the Order or such other location as we may agree with you. We will not be able to complete the delivery of Goods unless you provide a valid address for delivery.
5.11 For all orders being delivered outside of the United Kingdom, you will be named as “declarant” for import customs clearance purposes, and you hereby authorise us to act (or appoint a customs clearance agent to act) as your Direct Representative in order to arrange any import customs clearance. In doing so, we will pay the relevant customs charges (being import duty / VAT) on your behalf, but without incurring any liability to the relevant customs authority for the import charges). This information can also be found within the Shipping policy located at the bottom of the Checkout page when you are placing an Order.
5.12 Due to international delivery constraints, the Goods are not eligible for delivery to certain territories. We currently deliver to the following countries and regions: United Kingdom, Republic of Ireland, France, Netherlands, Sweden, Denmark, Finland, Belgium, Italy, Spain, Portugal, Poland, Germany, Austria, Singapore, Isle of Man, Hong Kong, and Jersey. An up-to-date list of delivery destinations is also provided during the checkout process on the Website.
5.13 Please view our terms relating to Delivery (which can be found at: https://montirex.com/pages/shipping-information).
6. INTELLECTUAL PROPERTY RIGHTS IN THE GOODS
6.1 We, or our licensors, shall retain the ownership of all Intellectual Property Rights in the Goods and no rights, title or interest in the Intellectual Property Rights in the Goods shall pass to you at any time.
7. LIABILITY
7.1 Subject to clause 7.3 below, in the event of a liability arising under these Conditions which is directly due to our negligent act or omission, we shall be liable up to the value of the Order to which the issue relates.
7.2 In no event will we or any of our officers, directors, employees, shareholders or agents of any of them be responsible for any damage, loss, cost or expense suffered by you in relation to:
7.2.1 your misuse of the Goods.
7.2.2 the wear and tear of the Goods; and
7.2.3 Goods that were damaged after they had been delivered to you.
7.3 Nothing in these Conditions shall exclude or limit our liability or responsibility to you for:
7.3.1 death or personal injury caused by negligence.
7.3.2 fraud or fraudulent misrepresentation; or
7.3.3 any other liability that we cannot exclude or limit under applicable law.
8. GOVERNING LAW AND JURISDICTION
8.1 These Conditions are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
9. MISCELLANEOUS
9.1 You may not assign, sub-license or otherwise transfer any of your rights under these Conditions without first obtaining our consent.
9.2 Where circumstances exist that are beyond our reasonable control, including but not limited to extreme bad weather, a natural disaster, fire, war or an act of god, we will not be responsible to for a failure to sell products to you, a failure comply with these Conditions or for costs or for any damages, losses, costs and expenses you suffer as a result of any circumstances beyond our reasonable control.
9.3 We may amend these Conditions from time to time without providing you with notice of any such amendments. Any such change be effective immediately after being posted on the Website and any person who uses, view or browses the website will be deemed to have accepted such amendments. Those amendments will apply to any Orders placed after the time at which they became effective.
9.4 These Conditions are the entire agreement and understanding between us and you in relation to the Website and the sale and purchase of the Goods, and will supersede and replace all previous agreements relating to the Website and the sale and purchase of Goods including, but not limited to, any relevant terms and conditions previously displayed on the Website.
9.5 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
9.6 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
10. VARIATION
10.1 We reserve the right at any time and without notice to change, remove or vary the products displayed on, and/or any page of, the Website.
10.2 We reserve the right to change, update, alter or amend the Conditions from time to time.
11. COMPLAINTS
11.1 We operate a complaints procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. With regards to any customer care query or for technical support, suggestion, site improvement query please contact us at the following email address: info@Montirex.com