Terms of service
OVERVIEW
Welcome to MontClaire (“MontClaire”, “we”, “us”, “our”).
MontClaire operates this website and provides all associated content, tools, features, products, and services (the “Services”).
Our store is powered by Shopify, which enables us to operate our e-commerce platform.
By accessing or using our Services, you agree to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy.
If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least the age of majority in your place of residence, or that you have permission from a legal guardian for any minors using the Services through your devices.
You agree to provide accurate, current, and complete account, billing, and shipping information.
You are responsible for maintaining the confidentiality of your login details and for all activity under your account.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products as accurately as possible.
However, colours and appearance may vary depending on your device and settings.
We do not guarantee that the quality of any products will meet your expectations.
Product descriptions, availability, and pricing may change at any time without notice.
We reserve the right to limit quantities or discontinue products at our discretion.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase.
We reserve the right to accept or decline any order.
Your order is accepted once payment has been processed and we send you an order confirmation.
Orders may not be modified or cancelled once accepted.
Purchases are strictly for personal use and not for resale.
All returns are governed by our Return Policy.
SECTION 4 – PRICES AND BILLING
Prices, promotions, and discounts may change without notice.
Unless stated otherwise, prices do not include:
- taxes
- duties
- shipping
- handling
- customs charges
You agree to provide valid and current payment details and authorise us to charge your payment method for all purchases.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed.
We are not responsible for delays caused by carriers, customs, weather, or events outside our control.
Once your order is handed to the carrier, the risk of loss transfers to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services—including trademarks, logos, text, images, and designs—is owned by MontClaire, VIVAZZ LLC, or our licensors.
You may use the Services for personal, non-commercial purposes only.
Unauthorised use, reproduction, distribution, or modification of our content is prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties.
Your use of third-party tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites.
We do not control or endorse these websites and are not responsible for their content or practices.
Your interaction with third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
MontClaire operates independently from Shopify.
Shopify is not a party to your transactions with MontClaire and assumes no liability for purchases or claims arising from your use of our Services.
SECTION 10 – PRIVACY POLICY
Personal information submitted through the Services is governed by our Privacy Policy and Shopify’s Privacy Policy.
By using the Services, you acknowledge that Shopify may process your data in accordance with its own policies.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, or ideas (“Feedback”), you grant us a perpetual, worldwide, royalty-free licence to use, modify, publish, and distribute such Feedback for any purpose.
You must not submit unlawful, offensive, defamatory, or infringing material.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions at any time without notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for:
- unlawful purposes
- harassment or abuse
- transmitting harmful or misleading content
- violating intellectual property rights
- uploading viruses or malicious code
- interfering with security features
We may suspend or terminate access for any violations of these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer, Liability, Indemnification, Governing Law.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services are provided “as is” and “as available”, without warranties.
Use of the Services is at your own risk.
Some jurisdictions may not allow certain disclaimers; if so, they may not fully apply.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, MontClaire, VIVAZZ LLC, Shopify, and affiliates shall not be liable for:
- loss of profits
- loss of data
- indirect or consequential damages
- delays, omissions, or errors
- issues arising from your use of the Services
SECTION 17 – INDEMNIFICATION
You agree to indemnify MontClaire, VIVAZZ LLC, Shopify, and affiliates against any claims arising from your breach of these Terms or violation of laws or third-party rights.
SECTION 18 – SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions shall continue in full force.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and MontClaire.
SECTION 20 – ASSIGNMENT
You may not assign your rights under these Terms.
We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the State of New Mexico, USA, where VIVAZZ LLC is legally registered.
You consent to exclusive jurisdiction in New Mexico courts for all disputes.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time.
Material changes will be communicated as required by law.
SECTION 24 – CONTACT INFORMATION
MontClaire is operated by VIVAZZ LLC, a company registered in the US.
EIN: 98-1779213
Website: MontClaire
Phone: +44 20 8040 3450
Email: info@usemontclaire.com
Address:
8206 Louisiana Boulevard NE
Albuquerque, NM 87113
United States
Opening Hours:
Monday - Friday: 9:00 a.m. to 5:00 p.m. (EST)
Average response time: 24 hours