Free shipping on all orders

30-day return policy

General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can make use of their right of withdrawal.

Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Montara-Fashion.

Day: Calendar day.

Duration transaction: 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 data carrier: Any means that enables the consumer or Montara-Fashion to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

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

Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers, namely Montara-Fashion.

Distance contract: An agreement whereby, within the framework of a system organized by Montara-Fashion for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

Technique for distance communication: Means that can be used to conclude an agreement without the consumer and Montara-Fashion being in the same room at the same time.

General Terms and Conditions: The present General Terms and Conditions of Montara-Fashion.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.

If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions provided by Montara-Fashion.

Article 3 – Applicability

These general terms and conditions apply to every offer made by Montara-Fashion and to every distance contract concluded and order placed between Montara-Fashion and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at Montara-Fashion and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced in mutual consultation without delay by a provision that approximates the original intent as closely as possible.

Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. Montara-Fashion 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 a proper assessment of the offer by the consumer.

If Montara-Fashion uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Montara-Fashion.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. Montara-Fashion cannot guarantee that the displayed colors exactly match the real 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 concerns in particular:

Any shipping costs.
The manner in which the agreement will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period for accepting the offer, or the period within which Montara-Fashion guarantees the price.
The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used.
Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
The way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding it.
Any other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which Montara-Fashion has submitted and the way in which the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

If the consumer has accepted the offer electronically, Montara-Fashion will immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by Montara-Fashion, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Montara-Fashion will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Montara-Fashion will observe appropriate security measures.

Within legal frameworks, Montara-Fashion may inform itself whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Montara-Fashion has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Montara-Fashion will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

The visiting address of Montara-Fashion’s establishment where the consumer can submit complaints.
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information about guarantees and existing after-sales service.
The data included in Article 4 paragraph 3 of these terms and conditions, unless Montara-Fashion has already provided this data before execution of the agreement.
The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 30 days.

This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Montara-Fashion.

During the cooling-off period, the consumer shall 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 the product.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to Montara-Fashion, in accordance with the reasonable and clear instructions provided by Montara-Fashion.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify Montara-Fashion within 30 days after receipt of the product. Notification must be made by means of a written message or email.

After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not made known their wish to exercise their right of withdrawal and/or has not returned the product to Montara-Fashion after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, Montara-Fashion shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by Montara-Fashion or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

Montara-Fashion may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Montara-Fashion has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

That have been created by Montara-Fashion in accordance with the consumer’s specifications.
That are clearly personal in nature.
That by their nature cannot be returned.
That can spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which Montara-Fashion has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.

Article 9 – The Price

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

In deviation from the previous paragraph, Montara-Fashion may offer products or services whose prices are subject to fluctuations in the financial market and over which Montara-Fashion has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if Montara-Fashion has stipulated this and:

They are the result of statutory regulations or provisions; or
The consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Montara-Fashion is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

Montara-Fashion guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, Montara-Fashion also guarantees that the product is suitable for other than normal use.

A warranty provided by Montara-Fashion, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against Montara-Fashion under the agreement.

Any defects or incorrectly delivered products must be reported to Montara-Fashion in writing within 30 days after delivery. Return of the products must take place in the original packaging and in new condition.

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

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Montara-Fashion and/or treated contrary to the packaging instructions.
The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

Montara-Fashion will observe the greatest possible care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these general terms and conditions, Montara-Fashion will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, Montara-Fashion will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, Montara-Fashion will endeavor to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Montara-Fashion.

The risk of damage and/or loss of products rests with Montara-Fashion until the moment of delivery to the consumer or a representative designated in advance and made known to Montara-Fashion, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite duration, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

At any time and not be limited to termination at a specific time or during a specific period;
At least in the same manner as they were entered into;
Always with the same notice period as Montara-Fashion has stipulated for itself.

Extension

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.

In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement 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, the amounts owed by the consumer must be paid within seven working days after the cooling-off period as referred to in Article 6 paragraph 1 has commenced.

In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to Montara-Fashion without delay.

In the event of non-payment by the consumer, Montara-Fashion has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to Montara-Fashion within seven days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to Montara-Fashion will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, Montara-Fashion will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

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 obligations of Montara-Fashion unless Montara-Fashion indicates otherwise in writing.

If a complaint is found to be justified by Montara-Fashion, Montara-Fashion will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between Montara-Fashion and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Even if the consumer resides abroad.