Terms of service
OVERVIEW
This website is operated by MONA Motors GmbH (MONA THE MACHINE). Throughout the site, the terms "we", "us" and "our" refer to MONA THE MACHINE. MONA THE MACHINE offers this website, 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 website and/or purchasing anything from us, you are engaging our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content creators.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any portion of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of changes constitutes your acceptance of those changes.
1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given us your consent to allow your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, and you may not use the Service in violation of any applicable laws in your country (including, without limitation, copyright laws).
You may not transmit any worms or viruses or other code of a destructive nature.
Violation of any of the Terms will result in immediate termination of your Services.
2 - GENERAL CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that Your Content (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
3 - ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION.
We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but are under no obligation to update the information on our website. You agree that it is your responsibility to keep track of any changes to our website.
4 - CHANGES IN SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our refund policy. [LINK TO REFUND POLICY].
We have made every effort to represent the colors and images of our products that appear in the store as accurately as possible. However, we cannot guarantee that the colors will display correctly on your computer screen.
We reserve the right, but have no obligation, to limit the sale of our products or services to any particular 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 or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other materials purchased or received by you will meet your expectations or that any errors in the services will be corrected.
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 limits may also apply to orders placed from the same customer account or with the same credit card, and/or to orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict 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 in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we may complete your transactions and contact you as needed.
For more details, please read our refund policy: https://monathemachine.com/policies/refund-policy
7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or have any control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement of any kind. We assume no liability arising out of or related to your use of the Optional Third Party Tools.
Any use of the Optional Tools provided through the Website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party providers.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.
8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third party links on this Site may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites or for any other third-party materials, products or services.
We are not liable for any damages in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with any Third Party Sites. Please read the policies and practices of third parties carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about third party products should be directed to the applicable third party.
9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.
If you submit certain Submissions (e.g., Contest Submissions) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you submit in any medium at any time and without restriction. We are under no obligation to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove any Content that we, in our sole discretion, deem to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.
You agree that your comments do not violate any rights of any third party, including copyrights, trademark rights, privacy rights, rights of publicity, or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or mislead us or any third party as to the origin of any Comments. You are solely responsible for the comments you submit and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
10 - PERSONAL INFORMATION
The transmission of personal information through the Shop is subject to our Privacy Policy, which can be consulted here: https://monathemachine.com/policies/privacy-policy
11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, 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 in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, unless required by law. No stated update or refresh date used in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been changed or updated.
12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit or engage in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that in any way interferes or may interfere with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collecting or tracking the personal information of others; (i) for spamming, phishing, pharming, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to compromise or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
13 - DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
We do not provide any guarantee, representation, or warranty that the use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that can be obtained through the use of the service will be accurate or reliable. You agree that we may remove the service from time to time indefinitely or terminate the service at any time and without notice. You expressly agree that the use of the service, or the inability to use the service, is at your own risk. The service and all products and services provided to you through the service are provided to you "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, ownership, and non-infringement of rights. In no event shall MONA THE MACHINE, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from the use of the service or products obtained through the service, or for any other claims related in any way to the use of the service or a product, including but not limited to errors or omissions in content or losses or damages of any kind arising from the use of the service or content (or products) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MONA THE MACHINE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15 - SEVERABILITY
In the event that any provision of these Terms of Use 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 Use; such determination shall not affect the validity and enforceability of any other provisions.
16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you cease using our website. 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 Use, 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 may deny you access to our services (or any part thereof).
17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Use 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 Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to info@monathemachine.com. Our contact information can be found below:
MONA THE MACHINE, Neyer Landtechnik GmbH info@monathemachine.com Roßberger Str. 50, 88339 Bad Waldsee, Germany