Terms of Service
Terms of Service
Please read these Terms of Service carefully before using the Montria website or placing an order.
Overview
Welcome to Montria! The terms "we", "us" and "our" refer to Montria. Montria operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Montria is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.
You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ from how they may appear on your screen due to the type of device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction.
Orders
When you place an order, you are making an offer to purchase. Montria reserves the right to accept or decline your order for any reason at its discretion.
Your order is not accepted until Montria confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Montria may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
You represent and warrant that the payment information you provide is true, correct and complete and that you are authorized to use the selected payment method.
Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
Intellectual Property
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Montria, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
Montria's names, logos, product and service names, designs, and slogans are trademarks of Montria or its affiliates or licensors.
Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
We provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.
New features, tools and resources introduced through the Services will also be subject to these Terms of Service.
Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.
If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third-party provider.
Relationship with Shopify
Montria is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Montria.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Montria, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Montria.
Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in other countries than where you reside, in order to provide services to you.
Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to all Feedback and that your Feedback complies with these Terms.
We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.
We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.
Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Prohibited Uses
You may access and use the Services for lawful purposes only.
- For any unlawful or malicious purpose.
- To violate applicable laws or regulations.
- To infringe intellectual property rights.
- To harass, abuse, insult, harm or defame others.
- To transmit false or misleading information.
- To send spam or unauthorized promotional material.
- To impersonate another person or entity.
- To interfere with another person's use of the Services.
- To upload viruses or malicious code.
- To reproduce, duplicate, copy or exploit any portion of the Services.
- To collect or track personal information of others.
- To bypass security or authorization features.
We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated these Terms.
Agents
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.
No Agent may access, use, or interact with Services unless it identifies itself and operates in accordance with these requirements.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
Agents must not conceal or obfuscate that interactions are coming from an Agent and must not circumvent measures intended to control Agent access.
Termination
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
Provisions relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions that should survive termination will continue to apply.
Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
EXCEPT AS EXPRESSLY STATED BY MONTRIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MONTRIA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
Indemnification
You agree to indemnify, defend and hold harmless Montria, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, violation of law or third-party rights, or your access to and use of the Services.
We will notify you of any indemnifiable claim and may control the defense and settlement of such claim at your expense.
Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 Services.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Montria is headquartered.
You and Montria consent to venue and personal jurisdiction in such courts.
Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Changes to 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law.
Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
Contact Information
Albuquerque, New Mexico 87110
United States