Terms & Conditions
The following Terms and Conditions apply only to orders placed via the Montana Furniture website. www.montana.ie
Welcome to the Montana Furniture website terms and conditions for use. Please read them through carefully before using the website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
Montana Furniture Limited (“Montana Furniture”, “we”, or “us”) reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Online team by e-mail or call us on (01) 2937000 for assistance. Current office hours are as per shop hours
A. PURCHASE OF PRODUCTS
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the instructions.
1.2 You will have an opportunity to check and correct any input error in your order up until you click the Submit Order button.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail from us. Please note that this e-mail is an acknowledgement and not acceptance of your order.
1.4 If you are paying by laser or credit card, we will authorize your laser or credit card payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it.
1.5 Once payment has been authorised, or your cheque has cleared, and we have determined the availability of stock we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you.
1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details. 1.7 It is recommended that you retain all e-mails relating to your order and contract.
1.8 The details of your specific contract are filed by us. Should you want any information regarding your order you may contact us on (01) 2937000
2.1 If you have chosen to pay by card, once your order is received we will process the payment for your order by way of the credit or debit card details you have provided. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through your chosen credit or debit card used for the payment of the order.
2.2 If you have chosen to pay by cheque, please send payment in full to: 11 Maple Avenue Stillorgan Business Park Stillorgan Co Dublin We are unable to accept deposits via this payment method. Once your order is received we will deposit your cheque. Once the cheque has been cleared for payment, we will begin processing your order. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be made by cheque from us to you.
2.3 If your order contains any item with a lead time of more than 4 weeks and you have opted to pay a 30% deposit by card, the balance outstanding must be paid in full on the same card before final delivery is made. As part of the checkout process, you will be requested to confirm that you agree to this. A receipt for the balance payment will be posted to your billing address. We do not operate a ‘cash on delivery’ system.
2.4 We will advise you if your payment details cannot be authorized for any reason or if your cheque has failed to clear. We may then invite you to pay by another method.
2.5 All prices and charges on this website are quoted in Euro. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges. Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our nearest distribution centre. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
3. Security and Clearing
3.1 All credit and laser card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.
3.2 As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed.
3.3 If you have authorised us to obtain a second or final payment of your order on your chosen card, we will use the same secure connection to request these monies to be transferred to the bank for authorization. Your CV2 number is not retained by our Secure Payment Provider (SSP).
4. Delivery of goods to you 4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to addresses within Ireland.
4.2 We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss. 4.3 The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas of 40 miles radius from a store or distribution centre. Should your postcode fall outside our normal delivery area, delivery times may vary. We will inform you of this when confirming acceptance of your order.
4.4 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
4.5 Our expert delivery team will carefully install your new furniture in your home, exactly where you want it (subject to access). They will remove all wrappings and packaging and dispose of them for you.
4.6 All deliveries are signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional charge for this.
5. Access to the destination room
5.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room.
5.2 As part of the checkout process, you will be requested to confirm that you have checked access thoroughly.
5.3 Should you have any concerns over access, then please note them on the comments box on the order or contact us by e-mail or on (01) 2937000.
6. Cooling Off Period (applicable to online orders only.)
6.1 You are entitled to a statutory cooling off period beginning from the date you placed your order online and ending 7 working days after you received the goods. Certain goods are exempt from this cooling off period, for example a mattress which has been taken out of its sealed packaging in which it was delivered, and special order or bespoke items ordered.
6.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
6.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the cost of collection of the goods, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.5 If you have received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the original delivery charge, and, excluding the cost of collection if that service has been rendered by us. The refund will be in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
6.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective in any way at the time of delivery, you must complete an incident form immediately, which will be provided by the home delivery team. If damage is discovered after delivery, you must contact us within 3 days of delivery of the goods.
7.3 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been returned to us.
7.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the delivery charges) together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible.
7.5 The amount of any refund under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise. Our guarantee does not extend to non-domestic usage, nor to goods which are taken outside Ireland
8. Cancellation by Us
8.1 We reserve the right not to accept any order request if: 8.1.1 we have insufficient stock to deliver the goods you have ordered;
8.1.2 we do not deliver to your area;
8.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 the payment transaction is not authorized; or
8.1.5 you have not complied with the provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order.
9.2 If any item is out of stock we will notify you and proceed in terms of paragraph 2.1 or 2.2 as appropriate.
10. Unforeseen Circumstances While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by facsimile, telephone or e-mail, the details of which are contained under the “Contact Us” page.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:- 12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
12.1.2 be over the age of 18.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
14. Law These terms and conditions shall be governed by and construed in accordance with Irish law and you hereby agree to be subject to the jurisdiction of the Ireland.
15. Data Protection and Privacy Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your laser or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information.
16. Entire Agreement
16.1 These terms and conditions together with our current website prices, delivery details and contact details set out the whole of our agreement relating to the supply of goods to you by us.
16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. B. INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors). C. DISCLAIMER Montana Furniture is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Montana Furniture makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Montana Furniture howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither Montana Furniture nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Montana Furniture accepts no liability for any information or content contained in external third party websites which link to or from this Website. Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.