GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
This document (together with the documents mentioned herein) establishes the general terms and
conditions that govern the use of this website (www.monterra.online) and the purchase of products on it
(Hereinafter referred to as the "Conditions").
We urge you to read the Conditions and our Privacy and Cookies Policy (hereinafter, jointly, the “Privacy
and Cookies Policy”) carefully before using this website. When using this website or placing an order on
it, you are bound by these Conditions and our Privacy and Cookies Policy. If you don’t agree with the
Conditions and with the Privacy and Cookies Policy, do not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at
the time of using the website and any documents mentioned herein will constitute the entire Contract
between the Parties.
If you have any query regarding the Conditions or the Privacy and Cookies Policy, you may contact via our
2. OUR DETAILS
Sale of goods through this website is carried out under the name MONTERRA SOUTH AFRICA (PTY) LTD., a South African entity with registered address at Faerie Glen, Pretoria, South Africa.
Registered in the Companies and Intellectual Property
Commission of South Africa under registration number 2013203284.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Privacy
and Cookies Policy. When you use this website, you agree to the processing of the information and
details and you state that all information and details provided are true and correspond to reality.
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
i. Use this website to make enquiries and legally valid orders only.
ii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to
have been placed, we shall be authorised to cancel it and inform the competent authorities.
iii. Provide us with your email address, postal address and/or other contact details truthfully and
exactly. You also agree that we may use this information to contact you in the context of your order if
necessary (see our Privacy and Cookies Policy).
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you confirm that you are over the age of 18 and are legally
eligible to enter into binding contracts.
5. SERVICE AVAILABILITY
Delivery service for the articles offered on this website is available worldwide. However plants can NOT be delivered to Australia, other products on monterra.online can be delivered to Australia.
6. FORMALISING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on "Authorise payment".
After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You
will be informed via email that the order is being sent (the "Shipping Confirmation"). This Contract, which
includes these Conditions and any documents mentioned herein, constitute a written agreement between
us. An electronic receipt with the details of your order will also be attached to the Shipping Confirmation
(the “Electronic Receipt”). If you are a registered user, a record of each transaction placed by you is also
available in the "My Account" section for a 2-year period.
7. TECHNICAL MEANS TO CORRECT ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a
user of this website, you can modify them in the section "My Account".
In any case, you will be able to correct errors related to the personal data provided during the purchase
process by contacting us via our contact channels, as well as exercising the right of rectification
contemplated in our Privacy and Cookies Policy. This website displays confirmation boxes in various
sections of the purchase process that do not allow the order to continue if the information in these
sections has not been correctly provided. Also, this website offers details of all the items you have added
to your shopping cart during the purchase process, so that before making the payment, you can modify
the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately
contact our customer service via our contact channels.
8. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. If problems should arise in supplying the products or of items
are out of stock, we will refund the amount paid.-
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any
material or content from the same. Although we will always do everything possible to process all orders,
there may be exceptional circumstances that force us to refuse to process an order after having sent the
Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for
removing or modifying any material or content from the website or not processing an order once we
have sent the Order Confirmation.
Notwithstanding Clause 8 above regarding product availability and except for extraordinary
circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery
Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is
specified, in the estimated timeframe indicated when selecting the delivery method and, in any case
within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order
"delivered" as soon as you or a third party indicated by you acquires physical possession of the goods,
which will be evidenced by the signing of the receipt or equivalent procedure with the same purpose of
the order at the delivery address indicated by you.
11. INABILITY TO DELIVER
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot
find a safe place, your order will be returned to our warehouse. If this is not possible, your order will
be returned to our warehouse and we will refund all payments received from you, including
delivery costs (with the exception of any additional charges resulting from your choice of a delivery
method other than the least expensive ordinary delivery method we offer), without any undue
delay and, in any case, in a maximum of 30 days from the date we consider the contract to be
If after 30 days from the date your order is available for delivery, the order could not be delivered for
reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be
terminated. As a result of the termination of the Contract, we will return to you all payments received
from you, including delivery charges (except for any additional charges resulting from your choice of any
delivery method other than the ordinary delivery method that we offer) without any undue delay, and at
any rate, within 14 days of the date on which this Contract has been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional
cost which we will be entitled to pass on to you.
12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you as outlined in Clause
You will take ownership of the products when we receive full payment of all amounts due, including
delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place
at a later time.
13. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious
error. Although we make every effort to ensure that the prices featured on the website are correct, error
may occur. If we discover an error in the price of any of the products that you have ordered, we will inform
you as soon as possible and give you the option of confirming your order at the correct price or cancelling
it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be
reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent
the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably
been recognized by you as an incorrect price.
The prices on the website include VAT, but exclude delivery charges, which are added to the total price as
indicated in our Shopping Guide (see the section on Delivery Charges).
Prices may change at any time. However, except as stipulated above, the changes shall not affect the
orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step
will be to process the order and make the payment. To that end, you must follow the steps of the purchase
process, indicating or verifying the information requested in each step. Furthermore, throughout the
purchase process, before payment, you can modify the details of your order. You are provided with a
detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a
record of all the orders placed by you is available in "My Account" area.
You may use, as payment method, the following cards: Visa and MasterCard.
To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we receive
your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to
complete the transaction. The charge on your card will be made at the time your order leaves our
When you click "Authorise payment", you are confirming that the credit card is yours.
Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not
authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable
to conclude any Contract with you.
14. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase,
only such data which are essential to process your order will be requested from you. Upon completion of
the purchase process, you will be offered the possibility of registering as a user or continuing as a nonregistered user.
15. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are
subject to Value Added Tax (VAT), as may be required in terms of the Value-Added Tax Act, No. 89 of 1991.
16. EXCHANGE/RETURN POLICY
16.1 Statutory right of withdrawal
Right of withdrawal
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 7 days,
without giving any reason.
The withdrawal period will expire after 7 days from the day on which you acquire, or a third party other
than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple
goods in one order delivered separately, after 14 days from the day on which you acquire, or a third party
other than the carrier indicated by you acquires, physical possession of the last good ordered in one order.
To exercise the right of withdrawal, you may notify us at MONTERRA by contacting us via our contact
channels, of your decision to withdraw from this contract by an unequivocal statement (example: a letter
sent by post or email or an email). You may use the model withdrawal form as set out in the Annex, but it
is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your
exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you decide to withdraw from this Contract, we will return to you all payments received from you,
including delivery charges (except for any additional charges resulting from your choice of any delivery
method other than the ordinary delivery method that we offer) without any undue delay, and at any rate,
within 14 days of the date on which this Contract has been terminated. We will carry out such
reimbursement using the same means of payment as you used for the initial transaction. In any event,
you will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, we may
withhold reimbursement until we have received the goods back or you have supplied evidence of having
sent back the goods, whichever is the earliest.
You shall send back to us at MONTERRA, with the provided address
without undue delay and in any event not later than 14 days from the day on which you communicate
your withdrawal from this contract to us. The deadline is met if you send back the goods before the period
of 14 days has expired.
However, you shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is
necessary to establish the nature, characteristics and functioning of the goods.
In addition, should you need further assistance when exercising the right of withdrawal, you can contact
us through any of our contact channels.
16.2 Contractual right of withdrawal
In addition to the statutory right to cancel for consumers, mentioned in Clause 16.1 above, we grant you
a period of 30 days from the date of shipping of the products to return the products (except those
mentioned in Clause 16.3 below, for which the right to cancel is excluded).
In case you return the goods within the contractual term of the right of withdrawal after the statutory
period has expired, you will only be reimbursed with the amount paid for said products. Delivery charges
will not be reimbursed.
You may exercise your contractual right of withdrawal in accordance with the provision of Clause 16.1
above. However, should you inform us about your intention of withdrawing from the Contract after the
legal term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from
the Shipping Confirmation.
16.3 Common provisions
You shall not have the right to withdraw from the Contract when it is for the delivery of any of the
i. Customised items
ii. Plants without their phytosanitary certificate and original receipt.
iii. Damaged purchased goods; like plants that have undergone more damage because of a delay in returning the plant within 3 days of receiving it.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same
condition in which you received them. No reimbursement will be made if the product has been used once
for products that are not in the same condition as when they were delivered or if they
have been damaged, so take care of the products(s) while in your possession. Please return the products
using or including all their original packaging, instructions and other documents, if any, accompanying the
products. In any case, you must send the product to be returned together with the receipt that you
received when the product was delivered.
Upon cancellation, the respective products shall be returned as follows:
If in the case you have lost the receipt the delivery came with, you can print out and include the Electronic Receipt that was attached to the Shipping Confirmation, which is also saved under
your account on our website, and on the MONTERRA mobile app.
You will be asked for phot proof of the damaged goods, after examining the article and considering the time of communication, we will inform you of whether you have the right to reimbursement of the
amounts paid. Delivery charges will be reimbursed when the right of withdrawal is exercised within the
statutory period and all relevant goods are returned. The refund will be paid as soon as possible and, in
all cases, within 14 days from the date on which you notified us of your intention to cancel.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back
or you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will
always be paid using the same payment means you used to pay for your purchase.
You shall assume the cost and risks of returning the products to us, as indicated above.
If you have any questions, you can contact us via our contact channels..
16.4 Returns of defective products
If you think that at the moment of delivery the product is not as stipulated in the Contract, you must
contact us immediately via our contact channels, providing the product details.
We will carefully examine the returned product and will notify you by email within a reasonable period if
the product may be exchanged or whether you have a right for a refund (as appropriate). The refunding
or replacement of the article shall take place as soon as possible and in all cases within 14 days from the
date on which we send you an email confirming that the refund or replacement of the product is going
If a defect or damage is confirmed on the returned products, we will give you a complete refund including
the charges you have accrued of delivery and return. The refund will always be paid using the same
payment means you used to pay for your purchase.
All rights recognised in current legislation shall be, in any case, safeguarded.
17. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired
on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
i. in case of death or personal harm caused by our negligence;
ii. in case of fraud or fraudulent deceit; or
iii. in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions
indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales;
ii. operating loss;
iii. loss of profits or contracts;
iv. loss of forecast savings;
v. loss of data; and
vi. loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital
information, we do not warrant the accuracy and security of the information transmitted or obtained
by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no
express or implied warranties on the same, except those legally established. In this sense, if you are
contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the
Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood
that the goods are in conformity with the Contract if they: (i) comply with the description given by us and
possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods
of this kind are normally used; (iii) show the quality and performance which are normal in goods of the
same type and which can reasonably be expected. To the extent permitted by law, we exclude all
warranties, except those that may not be excluded legitimately.
18. INTELLECTUAL PROPERTY
You recognise and agree that all copyright, registered trademarks and other intellectual property rights
on all materials or contents provided as part of the website belong to us at all times or to those who
grant us the licence for their use. You may use said material only to the extent that we or the usage
licencers authorise expressly. This does not prevent you from using this website to the extent necessary
to copy the information on your order or contact details.
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic
bombs or any other software or technologically damaging or harmful material. You shall not attempt to
make unauthorised access to this website, the server on which the site is hosted or any server, computer
or database related to our website. You undertake not to attack this website through any attack of denial
of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable
regulations. We will report any failure to comply with this regulation to the corresponding authorities and
we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure
to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall
not be held liable for any damage or harm resulting from a denial-of-service attack, virus or any other
software or technologically damaging or harmful material that may affect your computer, IT equipment,
data or materials as a result of using this website or downloading content from the same or those to
which this site redirects you.
20. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for
information purposes only and we have no control whatever over the content of those websites or
materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
21. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to you be in
written form. By using this website, you agree that most of the communication with us will be electronic.
We will contact you by email or we will provide you information by posting alerts on this website. For
contractual purposes, you agree to use this electronic means of communication and accept that all
contracts, notifications, information and other communication that we send you electronically complies
with the legal requirements of providing, it in writing. This condition will not affect your statutory rights.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the
provisions in Clause 21 above and unless otherwise stipulated, we may send you notifications either by
email or to the postal address you provided us when placing an order.
It is understood that notifications will be received and acted upon as soon as they are posted on our
website, 24 hours after they have been sent by email As evidence that the notice was sent, it will be
sufficient to prove that the email was sent to the email address specified by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or
obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or
obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said
transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as
a consumer recognised by law or cancel, reduce or limit in any way the express and tacit warranties that
we may have given you.
24. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we
assume under a Contract when caused by events that are beyond our reasonable control ("Force
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our
reasonable control, including, among others, the following:
i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or
preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in
which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil
these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We
will provide all reasonable resources to end the situation of Force Majeure or to find a solution that
enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
25. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations
assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the
rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute
the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or
actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract
shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and
notified to you in accordance with the provisions of the Notifications section above.
26. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution
from the corresponding authority, the remaining terms and conditions shall remain in effect without being
affected by said declaration of annulment.
27. ENTIRE CONTRACT
These Conditions, together with any document mentioned herein, constitute the entire Contract between
the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made
between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any
declaration or promise made by the other Party or that could have been inferred from any statement
or document in the negotiations entered into by the two Parties prior to said Contract, except those
expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally
or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently).
To the extent permitted by applicable consumer protection laws, the only action that may be taken by
the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
28. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or
place each order, except when by law or decision of governmental entities we must make changes
retroactively to said policies, Conditions or Privacy and Cookies Policy. In this case the possible changes
will also affect orders made previously by you.
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the
South African legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the
non-exclusive jurisdiction of the South African courts.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights
you have, as recognised in any applicable legislation in this area.
30. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions by
contacting us via our contact channels.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only for paper forms)
(*) Delete as appropriate