Terms & Conditions

Welcome to https://www.monterrain.co.uk (the “Website”). These are MONTERRAIN’s website terms and conditions (“Terms”) that tell you important information about the legal terms and conditions on which we sell certain goods on our Website (“Products”) to you.

1. Information about us

We are Monterrain, Registered in England and Wales as Footasylum Ltd. References in these Terms to "we", "us" and "our " are to:
Footasylum Ltd, registered address: Sandbrook House, Sandbrook Park, Rochdale, OL11 1RY  
Company Number 05535565.
Our VAT number is GB927191120.
We operate the website https://www.monterrain.co.uk.  

2. About these Terms

These Terms (together with our Privacy Statement regarding personal information provided by you, cookies policy and terms and conditions for use of Website) will apply to any contract between us for the sale of Products, available on our Website (“Products”) to you (“Contract”).
By using this Website and/or placing an order you agree to be bound by these Terms. Before placing an order, if you have any queries relating to these Terms, please click here to email our customer services team.
We may change these Terms from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer.  Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 19.05.2022.
These Terms, and any Contract between us, is only in the English language. In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING LIABILITY TO YOU (PARAGRAPH 10) AND THE YOUR LEGAL RIGHT TO CANCEL (PARAGRAPH 7).

3. Product Information

We have made every effort to display as accurately as possible, the colours of Products that appear on the Website.  However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product you will receive.

All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are UK sizes. Please refer to the size guide for clarification here. Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation being received.
THE PLACING OF A PRODUCT ON OUR WEBSITE IS AN INVITATION TO ACCEPT OFFERS FOR PRODUCTS AND IS NOT AN OFFER TO SELL AT THE LISTED PRICE NOR IS IT BINDING ON US. WE ARE UNDER NO OBLIGATION TO ACCEPT YOUR OFFER.

4. Placing an Order with us

Once you have placed an order with us, we will send you an order confirmation email (“Order Confirmation”) to confirm that we are processing your order. Once you have received your Order Confirmation, we will not be able to make any changes to the delivery address provided. We will send you another e-mail when your order has been dispatched (“Dispatch Confirmation”). Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive the Dispatch Confirmation e-mail from us. A contract between us will only be formed when we send you the Dispatch Confirmation. If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued (including any relevant delivery charges paid if the order only contained that item). If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and refund you for the price of the Product (and the delivery charge if the order only contained that item). We will not dispatch the Product to you.
Please note that the recipient of any Products shipped outside the European Union may also have to pay import duty or other taxes, fees and charges applied by customs or other authorities in the country of receipt.  Please note that we have no control over these charges and we cannot predict their amount. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs authorities.

5. Delivery

Details about our delivery options can be found here. Your order will be fulfilled within the estimated delivery period set out in your Dispatch Confirmation, unless there is an Event Outside of our Control (as defined in paragraph 11). If we are unable to meet the estimated delivery deadline because of an Event Outside of our Control, we will contact you. In circumstances where the Products you have purchased are not delivered within the estimated delivery period confirmed in your Dispatch Confirmation, you will be entitled to treat this Contract as having come to an end.  In such instances, you may return the Product(s) which have been delivered late (in a new and unused condition) and receive a full refund, including any applicable delivery charges. We will also refund any reasonable costs you incur in returning the Products to us. UK customers are however requested to return Product(s) in these circumstances using the prepaid returns label on the reverse of the shipment notice provided with your Product(s).

6. Payment

The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s). We accept Visa, Visa Debit, Visa Electron, Maestro, MasterCard and PayPal. Your card will be charged when you place your order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION E-MAIL AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
Further details about credit card validation, and the use of Visa, Mastercard and Paypal, can be found here.

7. Your legal right to cancel

You have a legal right to cancel your Contract with us within 14 days without giving any reason.  The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the purchased Products. In the event that you have ordered Products consisting of multiple lots or pieces of something which, as a result, are delivered on different days, the cancellation period will end 14 days after the day on which the last of the lots or pieces come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your rights to cancel, you must inform us of your decision to cancel this Contract by making a clear statement (e.g. letter, email or on the telephone).  Please note that returning Product(s) using the returns label provided, within the 14 day period, will be considered to be a clear statement  of your decision to cancel this Contract. For the avoidance of any doubt, you are entitled to exercise your right to cancel under this paragraph in relation to individual Product(s), notwithstanding that your order may have included multiple Products.

You may use our cancellation form to exercise your right to cancel, but it is not obligatory. To process your cancellation request as quickly as possible, we would advise that you write to us at customerservices@monterrain.co.uk quoting your order number or by returning the Product(s) to us by post by using the returns form provided with your Product(s).

Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the dispatch confirmation


To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel your Contract, any money you have paid (including the costs of delivery (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)) will be reimbursed to you. We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the purchased goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased goods you have received. We will make the reimbursement without undue delay, and not later than:

·       14 days after the day we receive back from you any purchased Products supplied; or
·       (if earlier) 14 days after the day you provide evidence that you have returned the purchased goods, or
·       If there were no purchased goods supplied, 14 days after the day on which we are informed about your decision to cancel this agreement.

All refunds will be made using the original payment method.  Please note that it can take between 5 and 10 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement. When returning the Products to us you must send back the Product(s) to us by following the process set out in our returns procedure, which can be found here without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this agreement to us. All products must be returned in their original boxes and packaging. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired. You will have to bear the direct cost of returning the Products to us.  If you use the prepaid returns label on the reverse of the shipment notice, we will deduct £2.50 from the amount we refund to you. If we do not receive the order back, we may arrange to collect it from you at your cost. We suggest that you obtain proof of postage in relation to any such returns. Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
 

8. Faulty or mis-described Products

In addition to your legal right to cancel without reason as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us. If we have made a mistake, or you receive Products that are faulty, mis-described, damaged or unfit for purpose, you may return them to us. When not returning the Products to us, please return them to us by post following the returns procedure, which can be found here. UK customers are requested to use the prepaid returns label on the reverse of the shipment notice when returning the Products.

When returning Products which you believe to be faulty, mis-described, damaged, unfit for purpose to the store, or upon receipt when posted back to us, the Products will be examined by our team to determine any such fault. All items should be returned in their original box/ packaging. If the Product is found to be faulty, mis-described, damaged or unfit for purpose, we will refund you in full for the price of the Product, including any applicable delivery charges paid by you. We will also refund any reasonable costs you incur in returning the Products to us. However, please note that UK customers are requested to use the prepaid returns label on the reverse of the shipment notice when returning the Products in these circumstances. We recommend that you obtain proof of posting for any returns. Please note, if you return any product as faulty and on inspection we deem the item(s) not to be faulty, you may be charged for the postage costs for the item(s) to be returned to you but the cost of the return to you will not exceed £3.95 unless you opt for an express delivery option.

9. Refunds

Refunds will be made in accordance with either paragraph 5, 7 or paragraph 8 above, depending on the reason why you are returning the Product(s). All refunds will be made using the original payment method.  Please note that it can take between 5 and 10 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.

10. Our Liability to You

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use.  You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
• defective Products under the Consumer Protection Act 1987.

11. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, pandemic, government imposed lockdown or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12. Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. The Contract is between you and us.  No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. These Terms are governed by English and Welsh law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree to that the courts of England and Wales will have jurisdiction.

13. Complaints Procedure

In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please put your complaint in writing and send it to us by post to:

Monterrain Customer Services, Point 62 Touchet Hall Rd Stakehill Industrial Estate Manchester M24 2RP

or by email to: 

customerservices@monterrain.co.uk.

We aim to provide an initial response to a complaint by email within 24 hours (Monday to Friday 9am to 5.30pm) and to postal complaints within seven working days of receipt.
We have a complaints process set out in the FAQs section for our website. For details of our complaints process please click here

14. Voucher Codes / Student Discount

Voucher Codes and Student Discount cannot be used in conjunction with any other offers, purchases of Gift Cards and selected products.


 

MONTERRAIN PAYMENT OPTIONS

1. Klarna

Monterrain works with Klarna to provide a Buy Now Pay Later & Slice it services. Your payment agreement is with Klarna & not Monterrain. We will not be responsible for any debt incurred from using the Klarna Service.
For full terms and conditions, please see the Klarna website:
Klarna Terms and Conditions Klarna Privacy Policy
 

Monterrain’s 2nd Birthday Giveaway Competition

Win a year’s supply of Monterrain product & a year of TRIB3 workout classes

Win a year’s supply of Monterrain product & a year of TRIB3 workout classes. All you need to do is follow the Monterrain Instagram account @monterrain_, follow the TRIB3 Instagram account @trib3_uk, like the post relating to this prize draw, reshare the post to your Instagram story and tag a friend in the comments of the post. Entrants can submit as many bonus entries as they want as each friend tagged in the comments of the post will be counted as a bonus entry.

 

• The prize draw is open from Thursday 3rd November 2022 at 12pm and will close on Thursday 17th November 2022 at 12pm.
• To enter, entrants must follow the Monterrain Instagram account @monterrain_, follow the TRIB3 Instagram account @trib3_uk, like the post relating to this prize draw, reshare the post to their Instagram story and tag a friend in the comments of the post. Only after these steps are complete is a consumer eligible to enter. Entrants can submit as many bonus entries as they want as each friend tagged in the comments of the post will be counted as a bonus entry.
• Footasylum Ltd (no.5535565) Sandbrook House, Sandbrook Park, Rochdale, OL11 1RY is the promoter of this prize draw (Footasylum).

The prize

 

• The winner of the prize draw will win a year’s supply of Monterrain product which will be up to £500 of Monterrain product to be claimed in a single order by no later than 28th February 2023. The winner of the prize draw will also win a year of TRIB3 workouts which will be up to 8 free classes of TRIB3 workouts per month for 1 year to start no later than 31st January 2023. The TRIB3 workouts will only be available at select TRIB3 locations.

Award of the prize

 

• The prize will be drawn on Thursday 17th November 2022 at 12pm. The winner of the prize draw will be announced within 7 days by 24th November 2022. Footasylum will contact the winner via their Instagram account. If the winner cannot be contacted, is not available, fails to respond or has not claimed their prize within 48 hours of contact, Footasylum reserves the right to offer the prize to the next eligible entrant selected from valid submissions received before the closing date Thursday 17th November 2022.
• The prize cannot be sold, exchanged, refunded or returned. There is no cash alternative.
• Footasylum’s decision on the validity or acceptance of entries and award of prizes is final and binding and Footasylum may cancel or modify the terms relating to this offer at any time.
• The winner will be chosen at random from all successful, eligible entries.

Other terms

 

• Entry into the prize draw is acceptance of these terms.
• Entrants must be a UK resident and aged at least 16 years of age.
• Footasylum accepts no responsibility for entries which are incomplete, which fail to be submitted properly or are entered after the closing date.
• Employees of the promoter and their immediate families are not entitled to participate in this prize draw.
• Entries via third parties or syndicates, entries by macros or other automated means and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of Footasylum using identities other than their own or any other automated means in order to increase that participant's entries or otherwise acting in violation of these terms, these participants will be disqualified and any prize entitlement will be void.
• Entry into the prize draw is at the entrant's sole risk. To the extent permitted by law, Footasylum does not accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the prize draw and/or accepting a prize. Footasylum further disclaims liability for any injury or damage to entrants or any other person relating to or resulting from participation with this prize draw save that nothing in these terms and conditions shall act to limit or exclude Footasylum's liability for death or personal injury resulting from its negligence or for fraud.
• Footasylum reserves the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use reasonable endeavours to avoid consumer disappointment.
• If Footasylum has, in its opinion, sound reason to believe that there has been a breach of these terms and conditions, Footasylum may, at its sole discretion, reserve the right to exclude entrants from participating in this prize draw.
• These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
• In entering the prize draw, you confirm that you are eligible to do so and eligible to claim the prize. Footasylum will require you to provide proof that you are eligible to enter the prize draw.
• If the winner fails to provide their details such as their proof of age within 48 hours of Footasylum contacting the winner, Footasylum reserves the right to offer the prize to the next eligible entrant selected from valid submissions received before the closing date Thursday 17th November 2022.

Data protection and publicity

 

• If you are the winner of the prize draw, you understand that Footasylum may use your full name as well as your Instagram @, to announce the winner of this prize draw.
• By entering the prize draw, you understand that any personal information provided by you with the prize draw entry may be held and used only by Footasylum or its agents and suppliers to administer the prize draw prizes.
• For more information view our privacy policy