Terms Of Service
This website and all of the Products (as defined below), content, information, online store, tools and services made available on the website (collectively, the “Site”) is made available and operated by Mondetta (the “Organization”). Throughout the Site, the terms “we”, “us” and “our” refer to the Organization. The Organization makes the Site available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing any services or other products (collectively “Products”) from us, you agree to be bound by the following terms and conditions (“Terms of Service” or the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access or use the Site or an of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer our Products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this Site.
All orders made through the Site are subject to these Terms of Service, as well as any other applicable terms and conditions outlined on the Site relating to the order. Use of any Products is subject to the terms of the Organization end user license agreement. Pricing and other conditions relating to the purchase of Products may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any orders indicated to be made by you. By completing an order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and duties (if applicable) or other fees in relation to your order, either by credit card or other permitted payment method.
We reserve the right, in our sole discretion, to change the permitted methods of payment, including, without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order, it may not be accepted or acknowledged.
Please note that Products are only held for you once you have completed your order. Adding an item or items to your shopping cart does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your cart. If an item was removed from your cart, this may mean that we have sold out prior to you completing your order. We reserve the right, in our sole and absolute discretion, to change the prices offered on the Site at any time, including, without limitation, items that have been placed in your cart.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of the Site.
All prices quoted do not include shipping charges and, unless otherwise stated, do not include any applicable taxes such as GST, PST, QST or HST.
If we have your Products in stock, and where applicable, we will email you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders normally ship within 1-2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock, and will be shipped to the address you provide to us. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the Products depends on the shipping method you have chosen. The risk of loss and title for purchased Products pass to you upon our delivery to the carrier. We reserve the right to limit quantities. We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any Products you order was incorrectly displayed on our website, we will provide you with an opportunity to place an order at the correct price.
Advertisements on the Site are invitations to you to make offers to purchase Products on the Site and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order. The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to the Site to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the Site is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site or any Products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any Products.
SECTION 5 – MATERIALS
Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our Products that are available in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer.
All descriptions of Products or Products’ pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Products at any time.
Any offer for any Products made on this Site is void where prohibited.
We do not warrant that the quality of any Products or information purchased or obtained by you will meet your expectations, or that any errors on the Site or Products will be corrected.
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 quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are solely responsible for the accuracy of all information that you provide to us.
For more detail, please review our Return/Exchange Policy.
If you have registered for an account, it is your sole and absolute responsibility to keep the username, password and other information confidential and secure. In the event that your username, password and/or account are used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, Products, products and services available via our Site may include products from third-parties available via link or otherwise.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party products or websites, or for any other products, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of Products, or any other goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER GENERATED CONTENT
If you post, provide or contribute certain content, submissions, creative ideas, suggestions, proposals, plans, or other products, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You represent, warrant and covenant that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third-party. For greater certainty, we may remove any User Content at any time.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website or in the Products, including without limitation, pricing information, except as required by law. No specified update or refresh date reflected on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. Without limiting the generality of the foregoing, you agree that you shall not: (a) use, copy, modify, download or transfer the Site or any component of the Site, in whole or in part, except as expressly provided in the Terms of Service, (b) (i) reverse engineer, disassemble, decompile, or translate the Site or any component of the Site, (ii) attempt to derive the source code of the Site or any component of the Site, (iii) create any derivative work from the Site or any component of the Site, and/or (iv) authorize or assist any third-party to do any of the foregoing, (c) rent, lease, loan, resell, or otherwise distribute the Site or any component of the Site, (d) remove or alter any proprietary notice or legend regarding our, or any third-party’s, proprietary rights in the Site or any component of the Site, and/or (e) use the Site or any component of the Site except in accordance with the Terms of Service and all applicable laws and regulations. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 13 – OWNERSHIP OF THE WEBSITE
The Site consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trademarks, brand names, Products and other products that have been provided by us and/or other individuals or entities. All such Site content is owned by us and/or the applicable third-party. You hereby acknowledge that the Site and each component of the Site are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trademark, patent and all other applicable intellectual property and other laws. Your use of the Site and/or any Site content or Products does not grant or transfer to you any ownership or other rights in the Site or any component of the Site or Products, and nothing herein or within the Site or any component of the Site shall be construed as conferring on you or any other person or entity any license under any of ours or any third-party’s intellectual property or other rights. Any rights not expressly granted to you under these Terms of Service are expressly reserved by us. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Site, any component of the Site, or any of the Site content, in whole or in part, except as expressly authorized by us. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with our ownership of the Site and/or our ownership of, or any third-party’s ownership of, any Site content. You are hereby expressly prohibited from removing any proprietary notice of the Organization or any third-party, from any copy of the Site or any component of the Site.
SECTION 14 – TRADEMARKS
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site and/or site content may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of the Organization, its related entities or other third-party individuals or entities.
The following trademarks are all registered and unregistered trademarks of the organization: MPG, MPG Sport, Designed for Life in Motion, Mondetta Originals, Mondetta & Modern Ambition.
Trademarks may be unregistered or registered in Canada and in other countries, as applicable. All Trademarks not owned by us are the property of their respective owners, and, where used by us are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with our ownership of, or any third-party’s ownership of, the Trademarks.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or take down the Site, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Products and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mondetta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Organizational Entities and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, damage, claim or demand, including reasonable legal fees, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or your negligence.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Site (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 19 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Products constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
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.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without reference to conflict of laws rules.
SECTION 21 - 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.