Terms of service
PLEASE KEEP A COPY OF THESE TERMS ALONG WITH YOUR ORDER FOR FUTURE REFERENCE
OVERVIEW
MonsterTi is serving people who love fashion sports and extreme sports. "MonsterTi" is a new website for oversea retail. Throughout the site, the terms “we”, “us” and “our” refer to MonsterTi. MonsterTi 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.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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 our website. 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 all the terms and conditions of this agreement, then you may not access the website or use any 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 current store 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Definitions
1. Any reference to Company/Seller/We/Us shall mean MonsterTi. We specialize produce, selling, or supplying a wide variety of titanium products, from high-strength titanium alloy fasteners for the aviation and navigation industry to aftermarket upgrades in the motorcycle and automobile industry.
2. Any reference to You/Buyer shall mean any person, sole trader, partnership, business, body corporate, or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs, and assignees. Where the term buyer appears within these terms it shall mean both Trade Buyer and Consumer Buyer unless specified as relating to a Trade Buyer or Consumer Buyer individually.
3. Where the Buyer purchases in the course of a trade, profession, vocation, or sport (where the Buyer is a specialist or enthusiast) it is agreed that such a buyer shall mean a Trade Buyer and that any Implied Statutory Rights will not apply to that contract (“Trade Buyer”). In respect of a contract with a Trade Buyer the MonsterTi Business Terms and Conditions shall also apply to that contract and if there is any conflict between the terms of the MonsterTi Business Terms and Conditions and these MonsterTi Consumer Terms and Conditions the MonsterTi Business Terms and Conditions will take precedent
4. Where a person deals entirely as a consumer (“Consumer Buyer”), we are under a legal duty to supply Goods that are in conformity with this contract. As a consumer, you have legal rights known as statutory rights which include, but are not limited to, rights regarding Goods that are of satisfactory quality, are fit for purpose, and are as described and rights.
5. Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components, or ancillary items, not detailed within the sales order form, shall be added to this agreement (“Goods”).
6. Price shall mean the consideration due for purchase. The price is exclusive of the cost of delivery and exclusive of Value Added Tax, customs duties, and all other taxes, duties, and expenses in respect of the Goods all of which (where applicable) shall be added to the order and be included in the total payment due from the Buyer in respect of such order.
Confirmation of Order & Price
7. In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be binding upon MonsterTi, until confirmed or acknowledged in writing by MonsterTi by means of invoice or statement confirming acceptance of your order or by dispatch of Goods to you. Confirmation by MonsterTi that an offer to purchase and/or payment has been received by MonsterTi shall not amount to confirmation or acceptance of an order.
8. Current prices are quoted at the time of submission of the order and whilst we use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information is entered onto the order management system MonsterTi reserves the right to refuse any offer to purchase prior to the issuing of written confirmation of acceptance or despatch of the Goods if we discover an error in the price of Goods you ordered if the Goods become unavailable if there is an error in the description if the price of the Goods has varied or for any other reason. If we refuse an offer to purchase a full refund of your payment will be made to you, in the method payment was originally made to us.
9. These conditions shall apply to all of our quotations and contracts, and orders (including telephone, facsimile transmittal, postal, and internet orders) for the sale or supply of goods accepted by MonsterTi. For the Trade Buyer, any other terms or representations, whether implied by statute, made prior to, collateral with, or subsequent to the contract or order are hereby excluded and shall not be binding upon MonsterTi. The placing of an Order for or the acceptance of the Goods by the Buyer shall indicate unqualified acceptance of these terms and conditions.
10. Web Site information and samples on display are indicative only and any specifications, weights, measurements, and technical data (whether relating to performance or otherwise) have been prepared by MonsterTi and are for guidance only. Additionally, parts or components pictured or described within websites are for illustration purposes only and may vary in size, specification, color, and fitment. Buyers are therefore required to check current specifications, colors, weights, and measurements with MonsterTi prior to order. Manufacturers also allow tolerances within the manufacturer of their Goods and also reserve the right to amend specifications, without notice, in order to improve Goods or where amendment becomes necessary and MonsterTi shall endeavor to inform the Buyer of any such amendment or change.
11. We reserve the right to amend technical or clerical errors in any order without notice. In addition, the Buyer shall ensure that all details contained within the order are correct prior to submission to MonsterTi. Subsequent to delivery, MonsterTi shall accept no liability for any error or inaccuracy in any order.
Guarantees
12. MonsterTi does not offer any guarantee on its Goods. In addition, the company shall accept no liability for death or personal injury.
Cancellation of Orders and Returns
13. You need to let us know if you have decided to cancel. The easiest way to do this would be to inform MonsterTi in writing by email, detailing the Consumer Buyer’s name, address, and sales order number in the notification. You can also inform us of your cancellation by telephone, or fax, the contact details you should use can be found on our internet page(monsterti.com/contact).
14. If a notice of cancellation is received by MonsterTi in accordance with clause 13 and the Goods have already been dispatched by MonsterTi then the Consumer Buyer shall become liable to return the Goods to MonsterTi forthwith, to such address as directed by MonsterTi in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact, save that the Consumer Buyer is entitled to handle the Goods to establish their nature, characteristics or functioning). Please refer to our Delivery and Returns Page for instructions as to how to return the Goods (including obtaining a returns reference prior to returning the Goods).
15. Where goods purchased by the buyer are alleged to be defective, MonsterTi agrees to accept a return of such goods for inspection and report (without MonsterTi replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect, or other failures prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure, or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
16. Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by the Company. It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause.
17. Any Delivered Goods should be returned at the Consumer Buyer’s sole expense to the Standard Returns Address.
18. The Consumer Buyer is required to return the goods within fourteen days starting with the day after the Consumer notifies MonsterTi of the cancellation of the contract. If the Consumer Buyer fails to return the Goods within that time, we shall be entitled to recover any reasonable costs involved in such collection from the Consumer Buyer
19. Within fourteen days of receipt of your notice of cancellation, or if the Goods of the following orders or replacement have been dispatched to you within fourteen days of MonsterTi’s receipt of the returned goods, we shall refund you the price you paid for the Goods. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way that would not be permitted in a shop. We shall also refund you any delivery costs you have paid, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer.
20. Where Goods purchased by the Buyer are alleged to be defective, MonsterTi agrees to accept a return of such goods for inspection and report (without MonsterTi replacing the said Goods prior to such inspection). Please refer to our Delivery and Returns Page for returns. Parts modified or adapted by the Buyer shall no longer be warranted by MonsterTi nor shall MonsterTi be liable for any failures resulting subsequent to modification as a result of such modification.
21. If you have returned Goods to us under clause 20 because they are faulty or misdescribed, we will (following our inspection and providing that inspection confirms the fault/misdescription) refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.
22. Goods purchased and delivered to the Consumer Buyer (that are not subject to the Consumer Right of Cancellation) may be returned if they are returned within 30 days and incomplete, in a re-saleable condition, and have not been fitted, installed, or used and with all relevant seals and enclosures intact. If you wish to return items in accordance with this clause 22 please contact us in advance in order to obtain a returns reference. A refund, credit, or exchange (as requested) will be issued within fourteen days of receipt of the returned Goods however any delivery charges will not be refunded.
23. Special Order Goods shall not be returnable.
Title & Delivery
24. Ownership or Title to the product shall not pass to the Buyer until MonsterTi has confirmed acceptance of your order and received payment in full for your order.
25. Delivery times will be estimated at the time of order and all times are given for dispatch and/or deliveries are approximate and time shall not be of the essence. We will use reasonable efforts to deliver the Goods without undue delay and will try to ensure Goods are delivered no later than 30 calendar days from the date of acceptance of your order (“30 Day Period”) unless an extended delivery period is agreed upon between the parties.
26. If the Goods are not delivered within either the 30 Day Period or a different period agreed between the parties the Buyer agrees to give MonsterTi at least 20 days written notice to deliver the Goods and make the time of the essence (“the Extended Period”). If MonsterTi fails to deliver the Goods by the expiry of the Extended Period the Buyer shall be entitled to cancel the contract and we shall issue to the Buyer a full refund. The Buyer acknowledges in respect of Special Order Goods, that further delays may occur and allows MonsterTi 30 days in any written notice setting out the Extended Period for delivery.
27. The Buyer is required to notify MonsterTi, in writing, of any shortage, mis-delivery, or other discrepancies immediately, or at the latest within seven days of receipt of delivery. Thereafter MonsterTi shall not be liable for any such discrepancy. Where delivery is affected to the Buyer’s own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier however MonsterTi will use reasonable efforts to assist Buyer the Buyer in making a claim against the carrier. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
Limitations upon Liability
28. Competition Goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and Buyers should note that any claim for failure/wear, shall not be entertained by MonsterTi. It is acknowledged by the Buyer of such Goods that the foregoing statement shall be a relevant and important issue in any claim brought against MonsterTi and MonsterTi shall, in turn, place importance upon this clause.
29. We strongly recommend that you seek the assistance of a fully qualified mechanic trained in servicing and maintaining your particular vehicle when fitting any MonsterTi product. We will not accept any liability should you incorrectly install any product.
30. MonsterTi does not accept any responsibility for any labor charges incurred during fitment or removal of Goods in any circumstances, including (but not limited to) whether Goods are allegedly faulty or incorrectly supplied.
31. No liability is accepted by MonsterTi where Buyers attempt to modify or install components supplied where it is known or thought reasonably to be known to that Buyer that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
32. MonsterTi accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of MonsterTi, including but without limitation, strikes, lockouts, civil disputes, acts of nature, war, or actions by third parties.
33. The Buyer confirms that they shall comply with any or all rules and instructions relating to installation and use of the Goods concerned and fully accepts that any loss which results from forced, misdirected, inappropriate, or unqualified installation or use shall not be accepted by MonsterTi.
General
34. These terms and this agreement (including an agreement concluded by means of distance communication) shall be interpreted in accordance with International Trade Law and industry customs and practices.
35. These Terms will apply to any contract between us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that if placing an order on this website, you will be deemed to agree to these terms. You should print a copy of these Terms or save them to your computer for future reference.