Legal Pages

Terms and Conditions

This website is operated by Montaire-London. Throughout the site, the terms "we", "us" and "our" refer to Montaire-London. Montaire-London offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these terms, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise the right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;

  • Day: calendar day;

  • Duration contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  • Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Trader: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

  • Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being simultaneously in the same place;

  • General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the Trader

  • Email address: info@montaire.com

  • Company name: Montaire-London

  • Chamber of Commerce number: 98014250

  • Address: Bossestraat 53

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded and orders placed between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the trader's premises and will be sent free of charge at the consumer's request as soon as possible.

If the distance contract is concluded electronically, the text of these terms may be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms can be accessed electronically and that they will be sent free of charge upon request.

If in addition to these general terms and conditions specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision most favorable to them.

If any provision of these terms is wholly or partially void or annulled, the agreement and these terms shall otherwise remain in effect, and the provision concerned shall be replaced promptly by a provision that approximates the intent of the original as much as possible.

Situations not covered by these general terms shall be assessed in the spirit of these general terms. Uncertainties about the interpretation or content of one or more provisions must also be explained in the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price (excluding customs clearance costs and import VAT, which are the responsibility of the customer and may be collected by postal/courier services upon delivery);

  • any shipping costs;

  • the manner in which the contract will be concluded and what actions are required;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for acceptance of the offer or the period during which the trader guarantees the price;

  • the cost of distance communication if calculated differently from the basic rate;

  • whether the contract will be archived after conclusion, and if so, how it can be accessed;

  • the way in which the consumer can check and, if desired, correct the information provided before concluding the contract;

  • the possible languages in which the contract may be concluded in addition to Dutch;

  • the codes of conduct to which the trader has submitted and the way in which the consumer can consult them electronically;

  • the minimum duration of the distance contract in case of a duration transaction;

  • optional: available sizes, colors, type of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and fulfillment of the corresponding conditions.

If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may, within legal limits, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The trader shall provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium at the latest upon delivery of the product or service:

  1. the trader’s business address where the consumer can lodge complaints;

  2. the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. information about guarantees and after-sales service;

  4. the data referred to in Article 4(3) of these terms, unless the trader has already provided these to the consumer prior to performance of the contract;

  5. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a duration contract, the provision in the previous paragraph applies only to the first delivery. Every contract is concluded subject to the condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and known to the trader.

During the cooling-off period, the consumer will handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receipt of the product. Notification must be made in writing/email. After notifying, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by means of proof of shipment.

If the consumer has not notified within the deadlines mentioned above, or has not returned the product, the purchase is binding.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been returned or conclusive proof of complete return has been submitted.

Article 8 – Exclusion of Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. Exclusion is only possible if the trader clearly stated this in the offer, or at least before conclusion of the contract.

Exclusion is only possible for products:

  1. manufactured according to consumer specifications;

  2. clearly personal in nature;

  3. that cannot be returned due to their nature;

  4. that can spoil or age quickly;

  5. whose price depends on fluctuations in the financial market beyond the trader’s control;

  6. newspapers and magazines;

  7. audio/video recordings and software if the seal has been broken;

  8. hygiene products if the seal has been broken.

Exclusion is only possible for services:

  1. relating to accommodation, transport, catering or leisure activities on a specific date or during a specific period;

  2. that have begun with the consumer’s express consent before the cooling-off period has expired;

  3. relating to bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, prices of the products and/or services will not be increased, except for changes due to VAT rates.

By way of exception, prices of products or services subject to fluctuations in the financial market that are beyond the trader’s control may vary. Any such fluctuations and the fact that stated prices are guide prices will be indicated in the offer.

Price increases within 3 months after conclusion of the contract are only allowed if they result from legal regulations. Price increases after 3 months are only allowed if agreed and:

  1. they result from legal regulations; or

  2. the consumer may terminate the contract effective the day the price increase takes effect.

The place of delivery, based on Dutch VAT law, is the country where transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and/or clearance costs will be collected from the recipient by the postal or courier service. No VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In case of errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and legal provisions and government regulations in force on the date of the conclusion of the contract.

If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the consumer’s legal rights under the agreement.

Defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in original packaging and in new condition.

The warranty period corresponds to the manufacturer’s warranty. The trader is never responsible for the ultimate suitability of the products for individual application by the consumer, nor for any advice regarding use or application of the products.

The warranty does not apply if:

  • the consumer has repaired or altered the delivered products themselves or had them repaired/altered by third parties;

  • the delivered products have been exposed to abnormal conditions or treated carelessly or contrary to the instructions of the trader and/or packaging;

  • the defect results wholly or partly from regulations imposed by the government regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The trader will take the utmost care in receiving and executing orders for products.

Subject to what is stated in Article 4, accepted orders will be executed promptly and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified within 30 days after placing the order.

In such cases, the consumer has the right to dissolve the contract without cost and may be entitled to compensation. If dissolved, the trader shall refund any amounts paid as soon as possible, but at the latest within 14 days.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement product. No later than delivery, it will be clearly stated that a replacement product is being provided. For replacement products, the right of withdrawal cannot be excluded. Return costs in this case are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and known to the trader, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Termination and Renewal

Termination
The consumer may terminate a contract of indefinite duration for the regular supply of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular supply of products or services at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.

The consumer may:

  • always terminate contracts referred to above, without being limited to termination at a specific time or period;

  • terminate in the same way as they were concluded;

  • always terminate with the same notice period that the trader has stipulated for themselves.

Renewal
A fixed-term contract for the regular supply of products or services may not be automatically renewed or extended.

By way of exception, a fixed-term contract for the supply of daily or weekly newspapers or magazines may be tacitly renewed for up to three months, provided that the consumer may terminate at the end of the extension with no more than one month’s notice.

A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month, and no more than three months in the case of less-than-monthly deliveries of newspapers or magazines.

Trial or introductory subscriptions for newspapers or magazines are not automatically renewed and end after the trial period.

Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). For service contracts, this period starts after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in payment details provided immediately to the trader.

In case of non-payment, the trader has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the trader will send an acknowledgment within 14 days and indicate when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.

If a complaint is found justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these terms relate are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – Contact Information

Questions about the Terms of Service can be sent to us at info@montaire.com.

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