Terms of Service

Terms of Service

This website is operated by Monture Footwear. Throughout the site, the terms "we", "us" and "our" refer to Monture Footwear. Monture Footwear 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.

When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "TOS"), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants and/or content providers. Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools added to the current offering will also be subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use.

SECTION 1 - TERMS AND CONDITIONS OF ONLINE STORE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the province or territory in which you reside, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction (including, without limitation, copyright laws) while using the Service. You must not transmit any worms, viruses or code of a destructive nature. Violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service at any time for any reason. You acknowledge that your content (other than credit card information) is transmitted unencrypted and (a) may involve transmission over different networks and (b) modifications may be required to meet technical requirements when connecting networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us. The titles used in this Agreement are for convenience only and are not intended to limit or restrict these Terms of Use.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on this website is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Use of the material on this site is at your own risk. This site may contain certain historical information, which is provided for reference only. We reserve the right to change the content of this site at any time, but are under no obligation to update the information on our site. You agree that it is your responsibility to be aware of any changes to our site.

SECTION 4 - CHANGES IN SERVICES AND PRICES

The prices of our products are subject to change. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Conclusion of the contract

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Buy" button, you make an offer to conclude a purchase contract. A confirmation of receipt of your order follows immediately after sending by an automated e-mail. This e-mail confirmation does not constitute acceptance of the contract.

Warranty

The statutory warranty rights apply. Canadian consumers may also have additional rights under applicable provincial consumer protection legislation, including but not limited to the Consumer Protection Act (Ontario) and equivalent legislation in other provinces and territories.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and may only be returned or exchanged in accordance with our returns policy. Every effort has been made to represent as accurately as possible the colours and images of our products. We cannot guarantee that the display of colours on your computer monitor will be accurate. We reserve the right to restrict the sale of our products or services to any particular person, geographic area or jurisdiction. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or prices are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for a product or service on this website is void where prohibited.

All our products are shipped directly to the consumer from our supplier. Please note that orders shipped to Canada may be subject to import duties, customs fees, and applicable taxes upon arrival. These charges are determined by the Canada Border Services Agency (CBSA) and are the responsibility of the customer. We recommend checking with your local customs office for more information prior to placing your order.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities per person, per household or per order. These limitations may apply to orders placed under the same customer account, the same credit card and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we may complete your transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or authority. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We do not accept any liability arising out of or in connection with your use of any optional third party tools. Any use of optional tools offered through the Website is at your own risk and discretion.

SECTION 8 - LINKS TO THIRD PARTY PROVIDERS

Certain content, products and services available through our Service may contain material from third parties. Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for verifying or evaluating the content or accuracy of third party websites and we do not assume any liability or responsibility for third party material, products or services. Complaints or questions about third party products should be directed to the relevant third party provider.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If you send certain submissions or unsolicited creative ideas, suggestions, proposals or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use the Comments in any medium at any time without restriction. We are not obligated to keep any Comments confidential, pay compensation for any Comments, or respond to any Comments.

We have the right, but not the obligation, to monitor, edit or remove any content that we deem to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

You agree that your Comments will not infringe the rights of any third party and will not contain defamatory, unlawful or obscene material. You are solely responsible for all your Comments and their accuracy.

Please note that any applicable customs clearance charges and/or import duties are not included in the product price and remain the responsibility of the customer.

SECTION 10 - PERSONAL INFORMATION

The provision of personal information via the Store is subject to our Privacy Policy, which complies with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. To view our Privacy Policy, please visit our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping costs, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service is inaccurate at any time and without notice.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to encourage or participate in any unlawful activity; (c) to violate any international, federal, provincial or territorial regulation, rule, law or local ordinance; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track personal information of others; (i) for spam, phishing or scraping purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violation of any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained from use of the Service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services are provided "as is" and "as available" without any representation, warranty or condition of any kind. Nothing in these Terms of Use is intended to limit any rights you may have under applicable Canadian consumer protection legislation.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Monture Footwear and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use will remain in effect until terminated by you or by us. If you breach any term or provision of these Terms of Use, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us.

SECTION 18 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

SECTION 19 - CHANGES TO THE TERMS OF USE

You can view the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates on our website. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.