Terms and Conditions

Introduction

Welcome to the montaudon.ng website (the "Site"), operated and managed by Montaudon Nigeria (the “Company” / “we” / “our”). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

Please read these Terms and Conditions carefully before proceeding on the Site. By accessing the Site, you confirm your understanding of and agreement with the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you should not use this Site. By using the Site, You agree unequivocally to the Terms and Conditions contained herein, which govern use of the Site.

The Company reserves the right, to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided.

It is recommended that you check these Terms and Conditions of use regularly for updates. Your continued use of the Site after any amendment, modification or substitution to these Terms and Conditions constitutes your acceptance of those changes.

If any Term or Condition or part of any Term or Condition herein is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision is deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Company.

Use of the Site

By continuing on this Site, you confirm that you are at least 18 years of age.

You are not permitted to link any other website to the Site without obtaining the prior written consent of the Company.

Access to the Site is at Your own risk. The Company does not represent or warrant that use of the Site or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.

The Company shall not be responsible for any loss, omission or damage that may arise in connection with Your use of the Site due to IT or network downtime.

The Company will make all reasonable attempts to ensure that the Site is fully operational at all times. However, the Company makes no guarantees as to fitness for purpose of the Site.

The Company will use every reasonable endeavor to ensure the integrity and security of the server associated with the Site, however, the Company does not guarantee that the server will be free from unauthorized users or hackers.

Under no circumstances shall the Company be liable directly or indirectly for special, punitive, or consequential damages that result in any way from Your use of or inability to use the Site or any part thereof, or You or any third parties reliance on or use of information, or services provided on or through the Site or that result from interruptions, delays in operation or transmission or any failure of performance in connection with the Site. If You are dissatisfied with the Site or any of these Terms and Conditions, Your sole exclusive remedy is to discontinue using the Site.

Commercial use of the Site or use of the Site on behalf of any third party is prohibited, except as explicitly permitted by the Company in advance. Any breach of these Terms and Conditions shall result in the immediate denial of access to the Site without notice to you.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.

You are solely responsible for keeping passwords and other account identifiers safe and secure.

You are entirely responsible for all activities that occur under your password or account. Furthermore, you must notify the Company as soon as possible of any suspected or confirmed unauthorized use of your password or account.

You shall be held responsible for any misuse or compromise to Your account of which the Company is not properly notified. You agree that if any security violations are believed to have occurred in association with Your account, the Company has the right to suspend all access to Your account pending an investigation and resolution. You also agree that the Company has the right to cooperate in any government, legal or other investigation regarding any aspect of its services or Your use of the Site.

The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Ordering

The Company shall not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this. If we suspect the customer to be under the age of 18 years at the point of delivery, we will ask for an ID card to verify their age. If the customer is found to be under the age of 18 years we will cancel the order and return the goods to our warehouse.

The Site includes systems to check your order against the delivery. In the event that a product is unavailable when you place your order, we shall contact you to arrange a replacement, or another acceptable arrangement for the completion of your order.

The placing of an order on the Site does not constitute a contract between the Company and you, which is made only when we accept your order and process payment.

We reserve the right not to accept any order for any reason whatsoever.

All goods displayed on the Site are offered subject to availability. We cannot guarantee the availability of specific vintages.

Products sold to trade customers are only for resale within the Federal Republic of Nigeria. Should you breach this term, then you may be held liable for a breach of intellectual property or other proprietary rights and accordingly, legal action may be brought against you by or on behalf of the Company as well as other owners of such intellectual or proprietary rights in the products sold on this Site. You may also be barred from future sale of the product as well as a termination of any contracts entered between you and the Company.

Delivery

Delivery is free of charge for orders within Lagos.

Lagos orders will be delivered with our same day delivery service if ordered before 3:00pm.

Orders placed after 3:00pm will be delivered the next day.

We do not deliver to destinations outside Nigeria.

Prices

All prices are inclusive of VAT.

Special offers and prices are as stated.

Although we shall endeavour to ensure that all pricing information on this Site is accurate, occasionally an error may occur and goods may be mis-priced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order. Where an end date is specified on any offer on the Site, it is intended as a guide only. We reserve the right to change prices at any time.

Returns/Refunds

Goods inspected and accepted at the time of delivery are accepted by the customer as “fit for purpose”. If a bottle is found to be damaged upon inspection, the bottle will be retrieved and replaced.
Sale or Return
We do not offer a sale or return service.
Refunds
We do not offer refunds on completed orders.

Complaints

Should you have any complaints, please email info@montaudon.ng giving as much detail as you can.

All complaints shall be acknowledged within 48 hours and you can expect a full resolution of your complaint within 5(five) business days.

You will be kept informed if there is any delay beyond this. Each complaint will be treated as confidential and will be attended to by a senior manager or Director of the Company.

Crime prevention

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect on this Site with the Police, other public or private sector agencies or representative bodies in accordance with applicable laws. Information shared in this way shall not be used by the Company for marketing purposes.

Reviews, Comments and Content

Users of the Site may post reviews, ratings, comments and other such testimonial thereon. This license is granted solely on the condition that the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, content should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings.

You should not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

We reserve the right, but have no obligation to you, to remove or edit any content on this Site.

If you post content or submit material, unless indicated otherwise you:

Grant montaudon.ng, the Company and its affiliated companies a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such content throughout the world in any media.

Grant montaudon.ng, the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, at their discretion.

Agree that the rights you grant above are irrevocable during the period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to montaudon.ng, the content and material is accurate; use of the content and material you supply does not breach any montaudon.ng policies or guidelines or these Terms and Conditions, and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify montaudon.ng and its affiliates for all claims brought by a third party against montaudon.ng or its affiliates arising out of or in connection with a breach of any of these warranties.

Indemnification

You shall indemnify, defend, and hold harmless the Company from all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action or claims caused by or resulting directly or indirectly from Your use of the Site

Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the Company’s property.

The entire contents of the Site also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by applicable laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of the licenses granted under the Terms and Conditions.

Upon revocation of any or all of the licenses granted herein, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any denial of access to the Site or termination of the agreement entered into between you and the Company as stated under the section “Ordering” above, shall not affect the respective rights and obligations (including without limitation, payment obligations) of you and the Company arising before the date of termination. You furthermore understand that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of montaudon.ng in operating the Site, your sole and exclusive remedy is to discontinue using the Site.