This website is operated by MONAK. Throughout the website, the terms “MONAK”, “we”, “us”, and “our” refer to the business operating this online store.
```By accessing this website, creating an account, placing an order, or using any part of our services, you agree to be bound by these Terms of Service and by the policies referenced within them.
These Terms apply to all website users, including visitors, customers, account holders, and anyone who accesses or interacts with our content or services.
If you do not agree with these Terms, you should not use the website or place an order.
```1. About MONAK
```MONAK is an independent watch brand offering automatic watches prepared individually after an order is placed.
Each watch follows a controlled production, testing, inspection, and quality-control process before being approved for shipment.
Our watches are powered by quality automatic movements selected from trusted manufacturers within the watch industry. These movements are chosen for their reliability, accuracy, durability, and proven long-term performance.
MONAK operates as an independent brand and is responsible for the products offered and sold through this website.
```2. Eligibility and Acceptable Use
```By agreeing to these Terms, you confirm that you have reached the legal age required to enter into a purchase contract in your place of residence or that you have obtained the necessary authorization from a parent or legal guardian.
You must not use this website or our services:
- For an unlawful, fraudulent, or deceptive purpose
- To infringe the intellectual-property, privacy, or other rights of another person
- To introduce viruses, malicious code, or harmful technologies
- To attempt to gain unauthorized access to the website, customer accounts, or connected systems
- To interfere with the security, performance, or operation of the website
- To submit false payment, identity, shipping, or order information
We may restrict or terminate access to our services where we reasonably believe these Terms have been violated.
```3. Product Information
```We make reasonable efforts to ensure that product descriptions, photographs, dimensions, materials, features, and specifications are accurate at the time they are published.
Product colors and finishes may appear differently depending on your screen, browser, lighting conditions, and device settings.
Minor visual variations may occur between individual watches as a result of manufacturing tolerances, finishing processes, component batches, and the individual preparation of each piece.
These minor variations do not constitute a defect where the product remains consistent with its description, agreed specifications, and reasonable quality expectations.
Product images may include styling elements or accessories that are not included with the watch. The product description and order summary will identify what is included in the purchase.
```4. Automatic Watch Characteristics
```Automatic watches are mechanical instruments powered by the movement of the wearer and by energy stored within the movement.
Their timekeeping performance and power reserve may vary depending on wrist movement, wearing habits, resting position, temperature, magnetism, maintenance, and other operating conditions.
Reasonable variations in daily accuracy are an inherent characteristic of mechanical watches and do not necessarily indicate a defect.
If a watch appears to be operating outside reasonable expectations, customers should contact us so that the issue can be properly assessed.
Automatic watches require appropriate care and may require periodic servicing to maintain long-term performance.
```5. Orders and Contract Formation
```By submitting an order, you are making an offer to purchase the products listed in your order under these Terms.
Receiving an automated order confirmation does not necessarily mean that the order has been finally accepted. The purchase contract is formed when we accept the order and begin processing it, or when the order is dispatched, depending on the circumstances and applicable law.
We reserve the right to refuse, place on hold, or cancel an order where reasonably necessary, including in cases involving:
- Incorrect product or pricing information
- Payment authorization failure
- Product or component unavailability
- Incomplete or inaccurate customer information
- Suspected fraud or unauthorized payment activity
- Orders placed for unlawful resale or commercial misuse
- Technical errors affecting the website or checkout
- Delivery restrictions affecting the destination
If we cancel an order after payment has been collected, the applicable amount will be refunded to the original payment method.
We may contact you to verify an order before accepting or dispatching it.
```6. Made-to-Order Production
```MONAK watches are normally prepared individually after the customer’s order has been confirmed.
Production generally includes the preparation of the selected model, assembly, functional testing, inspection, quality control, and packaging.
Estimated production and processing times are shown in our Shipping Policy. These timeframes are estimates and may vary depending on order volume, component availability, technical inspection requirements, and circumstances outside our reasonable control.
The fact that a standard watch is prepared after an order is placed does not, by itself, remove any mandatory right of withdrawal available under consumer law.
However, a watch made according to a customer’s individual specifications or clearly personalized for that customer may be excluded from the statutory right of withdrawal where permitted by applicable law.
```7. Order Changes and Cancellations
```If you need to change or cancel an order, contact us at help@monak.com as soon as possible.
We will make reasonable efforts to assist, but we cannot guarantee that an order can be changed or cancelled after production, personalization, processing, or fulfillment has begun.
Requests involving a personalized or individual-specification product may be subject to additional restrictions where production has already started and where permitted by applicable law.
Nothing in this section limits a mandatory statutory right of withdrawal or another consumer right that cannot legally be excluded.
```8. Prices, Taxes, and Currency
```Product prices are displayed in the currency selected or shown on the website.
The final amount payable, including any applicable taxes and shipping charges collected by MONAK, will be displayed before the order is submitted.
Depending on the delivery destination, the customer may be responsible for customs duties, import taxes, brokerage charges, or other fees imposed by local authorities or delivery providers.
Unless expressly stated otherwise during checkout, customs duties and import charges are not included in the product price.
If your payment account uses a different currency from the currency charged at checkout, your bank or payment provider may apply currency-conversion fees or its own exchange rate. MONAK does not control these charges.
Prices may be changed at any time. A price change will not affect an order that has already been accepted, except where there is an obvious pricing or technical error and applicable law permits correction.
```9. Payment
```Payment must be completed using one of the payment methods available during checkout.
Payments are processed through secure third-party payment providers. MONAK does not ordinarily receive or store complete payment-card details.
Payment providers may carry out verification, fraud-prevention, identity, or authorization checks before approving a transaction.
By submitting payment information, you confirm that:
- The information provided is complete and accurate
- You are authorized to use the selected payment method
- Sufficient funds or credit are available to complete the transaction
- The payment is not connected to fraudulent or unlawful activity
We are not responsible for delays or declined transactions caused by a bank, card issuer, payment provider, or security-verification process.
```10. Shipping and Delivery
```Shipping methods, production estimates, processing periods, tracking information, customs conditions, and estimated delivery times are explained in our Shipping Policy.
Current estimated timelines are:
- Production: 2 to 3 business days
- Processing and quality control: 1 to 2 business days
- Shipping and delivery: 4 to 10 business days
- Estimated total: 7 to 15 business days
Business days do not include weekends or public holidays.
Delivery dates are estimates unless we expressly agree to a guaranteed delivery date.
Delays may occur because of customs inspections, carrier disruption, severe weather, public holidays, incorrect delivery details, remote-area delivery, peak order periods, or other circumstances outside our reasonable control.
Where applicable law provides the customer with rights relating to delayed or failed delivery, those rights remain unaffected.
```11. Delivery Information and Risk
```Customers are responsible for providing a complete and accurate delivery address.
We are not responsible for avoidable delays or additional expenses caused by incorrect or incomplete information supplied by the customer, except where applicable law provides otherwise.
Risk of accidental loss or damage passes to a consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the product, unless applicable law establishes a different rule.
If a customer independently appoints a carrier that was not offered by MONAK, risk may pass when the product is delivered to that carrier, subject to applicable law.
Ownership of the product passes only after full payment has been received, to the extent permitted by applicable law.
```12. Right of Withdrawal
```Consumers in the European Union, European Economic Area, or another jurisdiction providing an equivalent mandatory right may be entitled to withdraw from an eligible distance purchase without giving a reason.
For eligible goods, the withdrawal period generally expires 14 days after the day on which the consumer, or a person designated by the consumer other than the carrier, receives the product.
To exercise this right, the customer must send a clear statement of withdrawal to help@monak.com before the applicable period expires.
After notifying us, the product must be returned within the period established by applicable law and in accordance with the return instructions provided by our team.
The customer may be responsible for the direct cost of returning an eligible change-of-mind purchase unless MONAK agrees otherwise or applicable law requires us to cover that cost.
The customer may also be responsible for any reduction in the product’s value resulting from handling beyond what is reasonably necessary to establish its nature, characteristics, and functioning.
Complete conditions and return instructions are available in our Returns and Refund Policy.
```13. Personalized Products
```The statutory right of withdrawal may not apply to products made according to the customer’s individual specifications or clearly personalized for that customer.
This may include, where applicable:
- Personal engraving
- Permanent customization requested by the customer
- A non-standard configuration created according to individual instructions
- A unique combination of components not ordinarily offered as a standard model
Where this exception applies, the relevant information should be presented to the customer before the order is completed.
This exception does not affect the customer’s rights where a personalized product is defective, damaged, incorrect, or does not match the agreed specifications.
```14. Returns, Refunds, and Exchanges
```Returns, refunds, inspections, exchanges, damaged orders, and withdrawal requests are governed by our Returns and Refund Policy and by applicable consumer law.
Returned products must be sent according to the instructions provided by our customer-support team.
Products sent without prior communication or to an unauthorized address may be delayed or returned to the sender.
Where a refund is approved, it will ordinarily be issued to the original payment method.
The time required for a refund to appear in the customer’s account may depend on the bank, card issuer, or payment provider.
Nothing in our Returns and Refund Policy limits any mandatory right or remedy available under applicable law.
```15. Legal Guarantee and Product Conformity
```Consumers may benefit from a mandatory legal guarantee where a watch is defective, does not match its description, lacks an agreed characteristic, or is otherwise not in conformity with the purchase contract.
For consumers protected by European Union law, new goods are generally covered by a legal guarantee for at least two years from delivery. National law may provide additional or longer protection.
Where a lack of conformity is confirmed, the customer may be entitled to repair or replacement without charge.
A price reduction or termination of the purchase contract may be available where repair or replacement is impossible, disproportionate, not completed within a reasonable period, causes significant inconvenience, or where another condition established by applicable law is met.
Remedies will be determined in accordance with the nature and seriousness of the issue and the requirements of applicable law.
Any commercial warranty offered by MONAK is additional to, and does not replace or restrict, the mandatory legal guarantee.
```16. Product Care and Excluded Damage
```The customer is responsible for using and caring for the watch according to the product information and care instructions provided.
Unless applicable law provides otherwise, the following are not normally considered manufacturing defects:
- Normal wear and tear
- Surface scratches or marks caused by ordinary use
- Damage caused by impact, drops, pressure, accidents, or misuse
- Damage caused by unauthorized opening, alteration, servicing, or repair
- Damage caused by use outside the stated water-resistance limits
- Water damage caused by leaving the crown unsecured
- Damage caused by operating the crown or pushers while the watch is wet or submerged
- Damage caused by chemicals, cosmetics, perfumes, cleaning products, or extreme temperatures
- Loss, theft, or accidental damage occurring after delivery
- Reasonable mechanical timekeeping variation within normal operating tolerances
- Problems caused by improper storage, insufficient use, magnetism, or lack of routine maintenance
These exclusions will not be used to restrict a mandatory consumer right where the reported issue is legally considered a lack of conformity.
```17. Promotions, Discount Codes, and Gifts
```Promotional offers, discount codes, gifts, and limited-time campaigns may be subject to additional conditions displayed with the relevant offer.
Unless expressly stated otherwise:
- Discount codes cannot be combined
- Discounts cannot be applied retrospectively to completed orders
- Promotional offers have no cash value
- Promotional gifts are available only while stocks last
- A promotion may be limited to particular products, customers, regions, or dates
If an order is returned, any promotional gift received as part of that order may also need to be returned.
If a promotional gift is not returned, its reasonable value may be deducted from the refund where permitted by applicable law and clearly disclosed.
```18. Website Accounts
```Where account registration is available, you are responsible for maintaining the confidentiality of your login details and for activity carried out through your account.
You must provide accurate and current information and update it where necessary.
Contact us promptly if you believe your account has been accessed without authorization.
We may suspend or close an account where we reasonably suspect fraud, misuse, security risks, or violation of these Terms.
```19. Reviews and User Content
```If you submit a review, photograph, comment, testimonial, or other content to MONAK, you confirm that you have the right to provide that material and that it does not infringe the rights of another person.
User content must not be unlawful, misleading, defamatory, threatening, abusive, discriminatory, obscene, fraudulent, or harmful.
By voluntarily submitting content for publication, you grant MONAK a non-exclusive, worldwide, royalty-free license to use, reproduce, display, adapt, and distribute that content for operating and promoting the business, unless otherwise agreed.
We may remove or decline to publish content that violates these Terms or applicable law.
We will not knowingly alter a customer review in a way that materially changes its meaning.
```20. Intellectual Property
```The MONAK name, logos, website design, product photography, written content, graphics, visual identity, and other original materials made available through this website are owned by MONAK or used under appropriate authorization.
You may access and use the website for personal, non-commercial purposes.
Without prior written permission, you must not:
- Copy, reproduce, republish, or distribute substantial parts of the website
- Use MONAK branding in a manner that suggests authorization or affiliation
- Use product photographs or written materials for commercial resale
- Modify, reverse engineer, or interfere with the website or its technical systems
- Use automated tools to extract website content except where permitted by law
Nothing in these Terms transfers ownership of any intellectual-property right to the customer.
```21. Third-Party Services and Links
```Our website may use or link to third-party services, including payment providers, shipping carriers, analytics services, social-media platforms, and other technology providers.
Third-party websites and services are governed by their own terms and privacy policies.
MONAK is not responsible for the content, security, availability, or practices of an independent third-party website.
This does not exclude responsibility where MONAK remains legally responsible for a provider used to perform our obligations to the customer.
```22. Website Availability and Accuracy
```We aim to keep the website accurate, secure, and available, but we do not guarantee uninterrupted or error-free access.
We may temporarily suspend or restrict parts of the website for maintenance, security, updates, technical issues, or circumstances outside our reasonable control.
We may correct typographical errors, inaccuracies, omissions, product information, availability, or pricing information at any time.
If a material error affects an accepted order, we will contact the customer and provide an appropriate solution, which may include confirming the corrected terms or cancelling the affected order for a full refund.
```23. Privacy and Data Protection
```Personal data collected through this website is handled in accordance with our Privacy Policy and applicable data-protection law, including the General Data Protection Regulation where applicable.
Our Privacy Policy explains what information we collect, why we use it, the legal bases for processing, how long information may be retained, when it may be shared, and the rights available to individuals.
Our use of cookies and similar technologies is explained in our Cookie Policy.
```24. Fraud Prevention
```We may use reasonable fraud-prevention and order-verification measures to protect customers, MONAK, and payment providers.
These measures may include requesting additional information, confirming billing or shipping details, placing an order on temporary hold, or cancelling a transaction where there are reasonable grounds to suspect fraud.
We may report suspected unlawful activity to payment providers, financial institutions, carriers, or competent authorities where legally permitted or required.
```25. Limitation of Liability
```To the maximum extent permitted by law, MONAK will not be responsible for indirect or unforeseeable losses arising from the use of the website or products.
MONAK will not be responsible for business losses, loss of profit, loss of revenue, loss of opportunity, or loss of commercial data where the customer purchased the product primarily for personal consumer use.
We are not responsible for losses caused solely by:
- The customer’s misuse or improper care of a product
- Incorrect information provided by the customer
- An unauthorized repair or alteration
- A third party acting independently of MONAK
- An event outside our reasonable control that could not reasonably have been avoided
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, intentional misconduct, gross negligence where it cannot legally be excluded, or any other liability that cannot be excluded under applicable law.
Nothing in these Terms excludes or restricts mandatory consumer rights.
```26. Indemnification
```To the extent permitted by applicable law, users acting for business or commercial purposes agree to compensate MONAK for reasonable losses, liabilities, or expenses arising directly from their unlawful use of the website, infringement of third-party rights, or material breach of these Terms.
This clause does not apply in a manner that would unfairly restrict the rights of an individual consumer.
```27. Events Outside Our Reasonable Control
```MONAK will not be responsible for a delay or failure to perform an obligation caused by an event outside our reasonable control.
Such events may include natural disasters, severe weather, war, civil unrest, government action, transport disruption, customs delays, labor disputes, widespread technical failures, interruption of essential services, epidemics, or significant supply-chain disruption.
Where such an event occurs, we will make reasonable efforts to reduce its effects and resume performance as soon as reasonably possible.
Mandatory customer rights relating to prolonged delay, non-delivery, or contract termination remain unaffected.
```28. Complaints and Customer Support
```If you have a complaint or believe there is a problem with an order, contact us at help@monak.com.
Please include:
- Your name
- Your order number
- A clear description of the issue
- Relevant photographs, videos, or supporting information
- The outcome you are requesting
We will review the complaint and aim to respond within a reasonable period.
More complex product issues may require a physical inspection before a final resolution can be offered.
```29. Alternative Dispute Resolution
```Consumers may have the right to refer a dispute to an authorized consumer alternative dispute resolution entity.
Alternative dispute resolution may include mediation, conciliation, or arbitration and may allow a dispute to be addressed without immediately beginning court proceedings.
Information about authorized Portuguese consumer dispute resolution entities is available through the Portuguese Directorate-General for Consumers.
The appropriate entity may depend on the customer’s location, the location of the business, the value of the dispute, and the subject of the complaint.
The former European Online Dispute Resolution platform was discontinued in 2025 and is no longer available for submitting new complaints.
Customers should contact us first at help@monak.com so that we have an opportunity to resolve the matter directly.
```30. Governing Law and Jurisdiction
```These Terms and contracts concluded through this website are governed by Portuguese law, subject to any mandatory consumer protection provisions that apply in the consumer’s country of habitual residence.
A choice of Portuguese law does not deprive a consumer of mandatory protections available under the law that would otherwise apply to that consumer.
Any dispute may be submitted to the competent Portuguese courts, without restricting a consumer’s right to bring proceedings before another court where that right is provided by mandatory applicable law.
```31. Severability
```If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.
The remaining provisions will continue to apply to the extent permitted by law.
```32. No Waiver
```If MONAK does not immediately enforce a right or provision under these Terms, this does not mean that the right or provision has been waived.
Any waiver must be clear and will apply only to the specific circumstances for which it was given.
```33. Entire Agreement
```These Terms, together with the Privacy Policy, Cookie Policy, Shipping Policy, Returns and Refund Policy, Warranty Policy, product information, and any additional terms shown during checkout, form the agreement between the customer and MONAK in relation to the purchase.
Where a specific written condition relating to a product or promotion conflicts with a general provision in these Terms, the more specific condition will apply, subject to mandatory law.
```34. Changes to These Terms
```We may update these Terms to reflect changes to our products, services, business processes, technology, payment methods, legal obligations, or regulatory requirements.
Updated Terms will be published on this page with a revised “Last updated” date.
Changes will not retrospectively remove rights that have already arisen under an accepted order.
Continued use of the website after updated Terms have been published means that the updated Terms apply to future website use and future purchases.
Last updated: July 2026.
```35. Contact
```For questions about these Terms, an order, a product, or any of our policies, contact:
MONAK
Portugal, European Union
help@monak.com
```
