TERMS & CONDITIONS
1. Introduction
Welcome to MONTARO FASHION. By accessing our website and purchasing our products, you agree to be bound by the following terms and conditions. Please read them carefully before using our services.
2. Definitions
Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
Day: Calendar day.
Durable Medium: Any means that allows the consumer or entrepreneur to store information directed to them personally in a way that future consultation and unaltered reproduction of the stored information is possible.
3. Applicability
These terms and conditions apply to every offer made by MONTARO FASHION and to every distance contract concluded between MONTARO FASHION and the consumer.
4. The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
5. The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, MONTARO FASHION will immediately confirm receipt of the acceptance of the offer electronically.
6. Right of Withdrawal
The consumer can dissolve a contract regarding the purchase of a product during a cooling-off period of 14 days without giving reasons.
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.
7. Obligations of the Consumer During the Cooling-off Period
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
8. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
If the consumer exercises their right of withdrawal, they will notify MONTARO FASHION within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) MONTARO FASHION.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by MONTARO FASHION.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
9. Obligations of MONTARO FASHION in Case of Withdrawal
If MONTARO FASHION enables the notification of withdrawal by the consumer electronically, it will send an acknowledgment of receipt immediately after receiving this notification.
MONTARO FASHION reimburses all payments made by the consumer, including any delivery costs charged by MONTARO FASHION for the returned product, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal.
MONTARO FASHION uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
10. Exclusion of the Right of Withdrawal
MONTARO FASHION can exclude the following products and services from the right of withdrawal, but only if MONTARO FASHION clearly stated this in the offer, at least in time before concluding the contract:
Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or are clearly intended for a specific person.
11. The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. The prices mentioned in the offer of products or services include VAT.
12. Compliance and Warranty
MONTARO FASHION guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the contract was concluded.
13. Delivery and Execution
MONTARO FASHION will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to MONTARO FASHION.
With due observance of what is stated in article 4 of these general terms and conditions, MONTARO FASHION will execute accepted orders expeditiously but no later than within 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs.
14. Payment
Unless otherwise agreed, the 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 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to MONTARO FASHION without delay.
15. Complaints Procedure
MONTARO FASHION has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaint’s procedure.
Complaints about the execution of the contract must be submitted to MONTARO FASHION fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to MONTARO FASHION will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, MONTARO FASHION will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
16. Disputes
Contracts between MONTARO FASHION and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
17. Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
