Thank you for visiting “Montview Service”!! These Terms and Conditions and Use of montviewservice.com are hereby made effective “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of “Montview Service”, hereby amend and restate any such prior terms and conditions.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Montview Service is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
PAYMENT AND PRICES
Prices for products are quoted on the tire listing. Our shop contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Tire size, descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Prices for our tires are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
REFUNDS AND CANCELLATIONS
We assume no liability for purchaser error, tires purchased for the wrong vehicle, or any other errors related to your actions or choices. When purchasing tires, wheels, and/or any other Products through this Site without providing accurate vehicle information, you accept full responsibility for the Products purchased or otherwise obtained by you through the Site.
Return of or refund for used tires shall not be entertained by Montview Service on used tires.
Tires that become unserviceable due to:
Conditions resulting from road hazards, such as (A) impact damage, (B) cuts, (C) snags, or (D) punctures.
Conditions such as, but not limited to, uneven, cupping, feathering tread wear resulting from (A) improper installation, (B) wheel misalignment, (C) tire/wheel assembly imbalance, (D) use of an improper rim, (E) improper mounting or dismounting or (F) misapplication.
Conditions resulting from consumer damage, such as (A) improper tire and vehicle maintenance, (B) misuse, (C) abuse, (D) accident, (E) under inflation, (F) overloading and (G) over inflation.
However, our clients can avail manufacture warranty on new tires purchased as a complete set. Warranty by the manufacturer is extended to the purchaser on new tires sold by montviewservice.com. Warranty details can be found at the manufacturer’s websites. New tires (within mileage warranty)returned for defects are subject only to the warranty and warranty process of the manufacturer of that tire.
For more information regarding refunds and cancellations, please contact us at contact@montviewservice.com
FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with USA law, and the courts of the United States Of America will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
INDEMNIFICATION
By using the site you indemnify montviewservice.com from liability for loss or damage of whatever nature and howsoever arising from your use of the website and or any services, content or obligation in terms of these terms and conditions. We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
TERMINATION
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, “Montview Service” in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. Your service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued.
REFUSAL OF YOUR ORDER
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular tire displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SEVERABILITY
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
DISCLAIMER
We work hard to provide the best tires we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
LIABILITIES
We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages.
SECURITY
Montview Service value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and Montview Service cannot guarantee its absolute security.
LINKS TO OTHER SITES
This website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by Montview Service. Therefore, Montview Service strongly advise you to review the Privacy Policy of these websites. Montview Service has no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
CHANGES TO THE TERMS
“Montview Service”, reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions.
WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.