Terms And Legal
Any purchases on the website www.montblanc.com and any other associated mobile or digital applications shall be made through the Global-e Checkout facility, and from, Global-e NL B.V. (referred to as “Global-e”, “we”, "our" or "us".).
Please read these Terms before using the Checkout and placing an Order (as defined below) through the Checkout. Please print or save these Terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
Where we refer to “Consumer” in these Terms we mean an individual acting for purposes which are wholly outside that individual’s trade, business, craft or profession.
1.1. Global-e is authorized to make merchandise available on www.montblanc.com (“Montblanc’s website”) to you for purchase from, Global-e ("Merchandise"). This allows you to buy such Merchandise from Global-e in your local currency and at a price that includes any applicable sales taxes (such as VAT), plus international delivery costs and fees (“Delivery Costs") and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination country ("Import Charges").
1.2. You are advised that the characteristics of the Merchandise you are buying from Global-e, as well as the price, Delivery Costs and (if available for pre-payment) Import Charges, shall be those displayed to you by Global-e at the checkout (or similar) facility, operated by Global-e on Montblanc's website you were browsing (“Checkout”). Please make sure you review your checkout page so that you can identify and correct any input errors.
1.3. By placing an order via the Checkout ("Order"), you acknowledge that the seller is Global-e, and that upon successful verification by Global-e of your Order and payment information, Global-e will buy the Merchandise and resell it to you in accordance with these Terms.
2.1. Browsing for Merchandise is done on Montblanc’s site. You place the Order for selected Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart (or basket, or any similar facility operated on the Site) and transmitting the order by clicking on the “PAY AND PLACE ORDER” button (or similar button) through the Checkout. This process permits you to check and amend any errors before making an order by using the “back” button.
2.2. To place an Order, you must be at least 18 years of age (or any age legally required under local law where you are resident to bind yourself legally to these terms). By doing so, you confirm to us that you meet this requirement.
2.3. Once you have placed your Order, we will promptly acknowledge your Order by sending you an email which will contain the relevant details of your Order. Please note, this does not constitute Global-e’s acceptance of your Order to buy the Merchandise – it only constitutes our acknowledgement of your Order. We do not accept your Order (and therefore we make no commitment to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until we specifically accept your Order and notify you by email that we have dispatched the Merchandise to you ("Order Confirmation").
2.4. If the payment method you selected at Checkout supports an authorisation mechanism (e.g. most credit/debit cards), when you place your Order we will only authorise the applicable amounts, and you will be charged only after the Merchandise has been dispatched to you. Please note that we charge the full Order amount even if the Order is dispatched in parts. Where we offer Paypal/PayPal Express as a payment method the full amount of your purchase may be taken immediately following the placement of your Order. Pre-Payment shall not affect Consumers’ legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations we will notify you via email and we will refund the pre-payment without delay.
2.5. We make the appropriate efforts to process and fulfil any Order as quickly as possible. However, we may, upon notice to you, decline to accept your Order if: (a) the Merchandise is unavailable (in which case, if the payment was processed, we will refund you in accordance with these Terms); or (b) we are unable to verify the payment information you provided.
2.6. We may, if we suspect someone's identity, address, email address and/or payment information is being used fraudulently or in an unauthorised manner, also require additional verifications or information before accepting any Order.
2.7. We are under a legal duty to supply Merchandise that is in conformity with the contract. Furthermore, nothing in these Terms affects Consumers’ legal rights in relation to Merchandise that is not in conformity with the contract, whether because they are faulty, not as described or otherwise.
2.8. You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the relevant website, e.g., in relation to appearance / colour / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the site.
2.9. When your Order has been fulfilled and payment has been taken for the chosen Merchandise, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).
2.10. All Orders placed through the Checkout ordering process on the Montblanc site, are subject to availability and acceptance of such orders by us. Merchandise shown on the Site, which cannot be added to the shopping bag, are not available for sale via the Site. Quantity limits may apply in relation to Orders for certain products. We have the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorised products.
3.1. The price of Merchandise may be either pre-set in your local currency or calculated according to the rate of exchange between the base currency on Montblanc's site and the currency that you select as part of the purchase process at the time you create your Order and displayed on the Checkout.
3.2. Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. You will be charged according to the applicable exchange rate at the time you actually make your Order via the Checkout as displayed on the Checkout.
4.1. Ownership of the Merchandise you order shall pass in accordance with these Terms.
4.2. We pass the ownership of the Merchandise ordered to you the moment the Merchandise is dispatched to you (provided you have made full payment of the Merchandise price plus delivery charges and any other charges payable under these Terms, as applicable).
4.3. Risk of damage or loss to the Merchandise passes to you on delivery to you or to somebody identified by you to carry or take possession of the Merchandise on your behalf.
4.4. You will be considered the importer of record’ of the Merchandise, and we will only be facilitating the importation on your behalf as your agent. You therefore need to comply with all applicable laws, regulations, certifications and rules of the country into which you import the Merchandise. Please note the standard for using the Merchandise in your own country BEFORE ordering. Merchandise ordered to a territory with different standards cannot be returned for this reason and do not accept any liability for any circumstances which may arise for purchasing an item without the correct standards for your territory.
4.5. You agree that you will not re-export or re-sell any Merchandise purchased by you via the Checkout.
5.1. You acknowledge and agree that we, or one of our third-party fulfilment services providers acting on our behalf (each a "Fulfilment Provider") may handle the delivery and fulfilment of your Order, and that we have sole discretion as to the Fulfilment Provider we chose to use.
5.2. Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination country) but the Checkout will not permit you to submit your Order if the Merchandise cannot be delivered to your specified address.
5.3. Delivery will be complete when we deliver to the address which you specify when ordering (that may include the port of entrance to the destination country as specified on the Checkout, in case you have selected not to pre-pay customs duties).
5.4. Shipping time or delivery dates given on Montblanc’s website delivery page and/or as part of the Checkout process are estimates only. Delivery timeframes are affected by your delivery address and the delivery method selected. We are unable to specify an exact delivery date and time.
5.5. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside our control, or delays resulting directly from your actions or omissions.
5.6. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you have selected a delivery method that does not require a delivery to be signed for and nobody is available to receive the Merchandise, we reserve the right to leave them at the doorstep, hall or reception as available.
6.1. The following complimentary services will be proposed, free of charge, by us:
(a) Gift Wrap and Packaging: Gift orders will be shipped with the branded box gift wrapped in branded special packaging.
(b) Engravings / Embossing: Engraving and embossing may be available on specific products, and offered only through sales transactions completed from the shopping bag.
6.2. If you wish to have your product engraved or embossed, please provide the details in the shopping bag.
6.3. Orders for personalized products cannot be cancelled and personalized products cannot be returned for refund.
(c) Gift Note: You may personalize your order by adding a personalized note that will be printed by the provider appointed by Global-e on a gift card to be included in your order package. Global-e reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Montblanc-logo stationery.
7.1. You may pay with the payment methods specified at Checkout. The availability of such payment methods is dependent on your geographical location. When being charged, the descriptor you will see shall include Global-e identified as ‘Global-e’ and will substantially look like this: **Global-e//merchant** or **Global-e//Merchant**.
7.2. You acknowledge and agree that: (i) we, or one of our third party payment processors ("Payment Processor"), will charge you through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Global-e charges or fees, and neither have control over this nor do we have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and our commitment is to acquire the amount set at Checkout in your local currency.
Depending on your geography, payment may be routed through Global-e Australia Pty Ltd., our affiliate.
8.1. For certain delivery destination countries and/or Merchandise, you shall pre-pay applicable Import Charges, which will then be calculated and included in the final price when you place an Order. You acknowledge that such Import Charges are set by the delivery destination country and therefore may vary from country to country.
8.2. When pre-payment of Import Charges is required, our final price will be fully guaranteed by Global-e, and Global-e or the provider appointed by Global-e will be fully responsible for paying the actual Import Charges as will be determined by your delivery destination country upon import of your Order.
8.3. Global-e or the provider appointed by Global-e may contract with a local licensed customs broker in your country. Agreement to these Terms serve as an authorisation for the applicable customs broker to act as your agent to: (a) conduct transactions with the local applicable authority, (b) execute related documents on your behalf in connection with the import of Merchandise in your Order, (c) facilitate the payment of applicable Import Charges; and (d) if applicable, return such Merchandise to Global-e (subject to these Terms). However, you acknowledge that, in certain cases of a return of Merchandise under the Additional Returns Policy below, you (and not Global-e or anyone on its behalf) may be fully responsible for claiming back such Import Charges from the applicable tax authority, to the extent possible, and Global-e shall have no responsibility or liability in connection with such claim.
8.4. Where pre-payment Import Charges does not apply: you will be fully responsible for paying all applicable Import Charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or return or a return of Merchandise, to the extent permitted in the these Terms) as determined by the authorities of the delivery destination country, and Global-e shall have no responsibility or liability in connection with the foregoing.
8.5. If you failed to pay Import Charges, or refused to accept Merchandise not in accordance with a due cancellation procedure under these Terms, in each case resulting with the Merchandise being returned or need to be returned to Global-e or to the entity appointed by Global-e, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you. We may also charge you with additional direct or indirect charges resulting from said failure or refusal. We may, if that is in accordance with these Terms, reimburse and refund you for the cost of the Merchandise, but not the import charges which may or may not be reimbursable by the relevant authority.
9.1. If you are a Consumer and a resident of a member state of the European Union or Iceland, Liechtenstein, or Norway ("EEA"), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms.
9.2. The “cooling-off” cancellation period will expire after 14 days after the day of delivery.
9.3. To exercise the right to cancel, you must: a) pack the items in the order box (or any rigid carton box) and stick the pre-paid DHL label over the prior delivery information; b) fill out 5 copies of the Returns Proforma Invoice that came with your parcel. If the forms are not complete, the package will not pass Customs and will be returned to you; c) Contact DHL to arrange the pick-up of your package wherever you wish.
9.4. There is NO right to cancel Orders for the supply of:
• goods made to your specifications or which are clearly personalised. This includes, without limitation, products that that have been personalized in any way or otherwise made for you with bespoke specifications. This includes, without limitation, products that have been engraved or embossed. These products cannot be returned to us for refund
• Writing instruments that have been filled with ink, as well as bottles and refills that have been opened;
• Fragrance and aerosols;
• goods liable to deteriorate or expire rapidly;
• newspapers, periodicals or magazines (excluding subscriptions);
• sealed audio, video or computer software, such as DVDs, which you have unsealed upon receipt
9.5. Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund. If you are a Gift Recipient and wish to return a product, please contact us to discuss your options.
9.6. You lose the right to cancel Orders for the supply of:
• sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
• sealed audio or video recordings or software if unsealed after delivery.
9.7. If you do have the right to cancel, the following instructions apply:
• If you duly cancel, we will reimburse to you payments received from you, excluding the Delivery Costs where you are charged (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
• In the event of defective Merchandise, we will reimburse to you all payments received from you including the Delivery Costs.
• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by you beyond what is necessary to establish the nature, characteristics and functioning of the goods.
• We will refund you within 14 days from receipt of your cancellation, but we can delay refunding you if we have not received the Merchandise or evidence that you have returned the Merchandise. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
• Depending on your geography, when payment was routed through Global-e Australia Pty Ltd., our affiliate, refund shall be made accordingly.
• You shall send back the goods or hand them over us using the DHL pre-paid label included in the parcel.
10.1. The Returns Policy applies to all customers. This policy does not apply to faulty or personalised Merchandise.
10.2. It is in addition to, and does not affect, the separate legal right of cancellation which is available only to EEA Consumers in some circumstances as explained above.
10.3. Please note, that, in the case of returns, returns (including whether you have a right to return Merchandise) are nevertheless restricted by any applicable terms and conditions of the returns policy of Montblanc’s website, available at the following link www.montblanc.com/terms-and-legal/return-policy ("Montblanc Return Policy").
10.4. Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.
10.5. Return Procedure.
• Upon receipt of the returned Merchandise by the entity appointed by Global-e, and confirmation that it has been returned in accordance with the applicable requirements, Global-e will reimburse you for the actual paid price of the returned Merchandise.
• If you have paid Import Charges upon receipt of the Order directly to the applicable authority, you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your country, (b) it will be your sole responsibility to claim such Import Charges back from the applicable authority in your country, and (c) Global-e cannot guarantee that such claim will be successful. If you have pre-paid Import Charges through at Checkout, such Import Charges will be reimbursed by Global-e.
Any initial Delivery Costs paid by you in connection with the Order are non-reimbursable or refundable, other than in the event of defective Merchandise where we will reimburse you the cost of any delivery costs. Any clearance costs when returning Merchandise will be covered by us if you use pre-printed DHL return label to make the return. In case of loss of the pre-printed DHL label, please contact Customer Service to receive a new one. In case you decide to use a different courier, delivery and clearance costs will be borne by you.
11.1. If any Merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
12.1. Montblanc as the manufacturer is committed to ensuring that the Merchandise strictly complies with its quality criteria and that it has passed all Montblanc controls, both technical and aesthetic.
12.2. Selected Merchandise is covered by the applicable Montblanc Guarantee.
12.3. If you wish to repair a product covered by the applicable Montblanc Guarantee, please refer to the applicable Montblanc Guarantee or contact us.
12.4. In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale or the applicable Montblanc Guarantee.
13.1. Nothing in these Terms shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by applicable consumer rights legislation and which, by law, may not be limited or excluded;
• for any other liability that, by law, may not be limited or excluded.
13.2. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Order shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
13.3. Global-e will not be responsible for any loss or damages incurred by unauthorised use of your payment card on the Checkout, and we are not responsible for notifying your card issuer or any law enforcement authority in these instances.
13.4. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
13.5. We cannot guarantee that the Checkout will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the Checkout for repair, maintenance, improvement or other technical reason.
13.6. Global-e shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.
14.1. Any access or use of the Checkout for any reason other than your personal, non-commercial use is prohibited. You further acknowledge that any other use of the material and content of this Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
14.2. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by us or our licensors.
14.3. You may print off one copy, and may download extracts of any page from this Checkout for non-commercial, personal use.
15.1. These terms shall be governed by Dutch law, or other applicable laws in case such laws prevail Dutch laws.
15.2. You agree that any dispute between you and us regarding these Terms or any Order will only be dealt with by the Dutch courts.
16.1. We may send all notices by electronic means such as email to the most recent email address you have supplied to us (unless otherwise stated in these Terms). Any complaint from you must be sent by recorded delivery letter or in writing on any other durable medium to Global-e by post at our trading address, or by email at firstname.lastname@example.org.
16.2. Headings used in these Terms are for information and not binding.
16.3. Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. We may transfer these Terms to a third party but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.
16.4. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Order, and your use of the Checkout, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Global-e, our users or the public.
16.7. Global-e reserves the right to modify these Terms at any time by posting the changes on our site. Such change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after we have posted such changes means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed with us.
16.8. These Terms constitute the entire agreement between us with respect to the subject matter of the Order. We are required by law to advise you that the contract in respect of any Orders may be officially concluded in the English language only and that no public filing requirements apply.
16.9. We aim to constantly improve. If you have any questions or complaints about Global-e, these Terms or the Checkout, please contact us at service@Global-e.com. Our company registration number is 859146492and our registered office is at Krijn Taconiskade 430 1087 HW Amsterdam The Netherlands. Our VAT number is NL859146492B01.
If you are making your purchase from Australia, you may contact us at email@example.com or at Australian trading address 34 Quin St., Melbourne, VIC, 3000 Australia.
Last updated: August 2020