This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.montaniashop.com) and the purchase of products on it (hereinafter referred to as the “Conditions”).
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract (as defined further on) shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.
The Contract (as defined below) may be executed, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
Sale of goods through this website is carried out under the name Montania with registered address at North Building, Salem Al Mubarak Street, Salmiya - Kuwait P.O. Box 22095 / Phone: +96522847077 / E-mail: email@example.com
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you confirm that all information and details provided are true and factually correct.
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
- Use this website to make enquiries and legally valid orders only.
- Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities.
- Provide us with your email address, postal address, and/or other contact details truthfully and exactly.
You also agree that we may use this information to contact you in the context of your order if necessary (see our Terms Of Service).
If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you confirm that you are over the age of 21, are legally eligible to enter binding contracts and consent to deal by electronic means.
5. FORMALIZING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on “Authorize Payment”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). You will be informed via email that the order is being sent (the “Shipping Confirmation”). These Conditions and the Contract constitute a written agreement between us. An electronic receipt with the details of your order will also be attached to the Shipping Confirmation.
6. TECHNICAL PROCESS TO CORRECT ERRORS
In the event an error occurred when entering your personal data during your registration as a user of this website, you can modify the information in the “My Account” section.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service, via email firstname.lastname@example.org to correct the error.
7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. If an item you have ordered is no longer available due to unexpected demand and there are no more items left in stock, we will provide you information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the
Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for
removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Shipping Confirmation prior to the date indicated in the Shipping Confirmation in question or, if no delivery date is specified, in the estimated time frame indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Please note that we do not make home deliveries on weekends or bank holidays.
For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
10. INABILITY TO DELIVER
If it is impossible for us not to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.
We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day.
If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and the Contract will be terminated.
As a result of the termination of the Contract, we will return to you all payments received from you, excluding delivery charges & any additional charges resulting from your choice of a delivery method) without any undue delay, and at any rate, within 30 days of the date on which the Contract has been terminated.
Please keep in mind that additional transport costs may be incurred due to the termination of the Contract and we will be entitled to pass these additional costs on to you and these costs may be deducted from the value of your refund.
11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time.
12. PRICE AND PAYMENT
Items purchased on www.montaniashop.com might be subject to VAT or any other applicable CUSTOMS in your country. The price of the products will always be as stipulated on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may NOT occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the
correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full in the delivery charges and taxes.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website include VAT (if applicable) but exclude delivery charges, which are added to the total price and the customs are collected on delivery by the courier guy upon delivery if any paid accordingly to country law.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order.
Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area of the website. You may use, as payment method, the following cards: Visa, MasterCard and American Express. In some of country in GCC, you can pay the courier in cash when your order is delivered, with certain additional charges which we had already confirmed at the time of order confirmation.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds
to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click “Authorize Payment”, you are confirming that the credit card is yours.
Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude the Contract with you.
Custom charges (duties & taxes) are applied and requested to be paid upon delivery by carrier companies due to charges of importation in your country, charges will differ based on your countries policy. At no time will you waive these charges or request company to bear such charges.
If order is cancelled or returned due to defaulting on payment, we reserve the right to deduct all shipping expenses, VAT, customer charges, surcharges, and any expense that may occur due to such cancellation.
In case of COD, customer will be requested to settle such charges via payment link.
Custom charges are not shown at checkout or once payment is confirmed. Blacklisting customer due to this is common practice please avoid such acts and check with your regulatory authority to be aware of your percentile charges applied on importation.
13. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
14. EXCHANGE/RETURN POLICY
14.1 Effects of withdrawal
If you decide to withdraw from this Contract, we will return to you all payments received from you, excluding delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless agreed otherwise.
For payments made in cash, the reimbursement in cash shall be via bank transfer if accepted and authorized by you when requesting the reimbursement on the website.
In any event, you will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall hand the goods over through a courier arranged by Montania without undue delay and in any event not later than 14 days from the Shipment Confirmation. Unless you handover the goods over through a courier arranged by Montania, you shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Other provisions
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made:
- If the product has been used,
- For products that are not in the same condition as when they were delivered or
- If they have been damaged.
You are responsible to take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In all case, you must send the product being returned together with the receipt that you received when the product was delivered.
Upon cancellation, the respective products shall be returned as follows:
– Returns at any Montania retail store:
Unavailable. Returns to store will not be accepted.
– Returns by Courier:
When returning the product(s) by Courier arranged by us, you should contact us through our web form to arrange for the product to be collected at your home. You should send the product in its original packaging and follow the directions on the “RETURNS” section of this website.
• If you have bought any goods as a guest, you may request returns through the contact form available on the website. The contact email is email@example.com. After examining the article, and confirming the item is in refundable condition, we will inform you of our acceptance of the return.
• If the item is not in a returnable condition and we are not able to accept the return the product will re-shipped to you at your cost. Delivery charges will be reimbursed when the right of withdrawal is exercised within the statutory period and all relevant goods are returned. The refund will be paid as soon as possible.
• Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase, unless agreed otherwise.
If you have any questions, you can contact us on our contact form.
14.3 Returns of defective products:
If you think that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our contact form, providing the product details and the damage sustained.
We will organize for a courier to come to you and collect the damaged product from you. You must return the product by giving it to the courier that we send to your home. We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be exchanged or whether you have a right for a refund (as appropriate).
The refunding or replacement of the article shall take place as soon as possible after the date on which we send you an email confirming that the refund or replacement of the product is going ahead.
If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase, unless agreed otherwise.
All rights recognized in current legislation shall be, in any case, safeguarded.
15. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence.
- in case of fraud or fraudulent deceit; or
- in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales
- operating loss.
- loss of profits or contracts.
- loss of forecast savings
- loss of data.
- loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description
given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we
exclude all warranties, except those that may not be excluded legitimately.
16. INTELLECTUAL PROPERTY
You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong at all times to a third party who had authorized to Montania the use of said content or material. You may NOT use said material unless you are expressly authorized by Montania. This does not prevent you from using this website to the extent necessary to copy the information on your
order or contact details.
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make illicit use of this website by intentionally introducing Viruses, Trojans, Worms, Logic Bombs, or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted, or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities
and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or
those to which this site redirects you.
18. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
19. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information, and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 19 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order. It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or three days after the postage date on any letter.
As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box; in the case of an email, that the notification was sent to the email address specified by the recipient.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors, transferees, and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have
as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
22. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
I. Strike, lockout, or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
23. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.
24. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
25. ENTIRE CONTRACT
These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
26. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
27. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the laws of Kuwait applicable thereto.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Kuwait courts.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.
28. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
Montania reserves the right to modify, change, remove, add, or alter the terms without prior notice and at the company’s connivance.