Terms and conditions
This document establishes the conditions of use for the website www.monmart.es, as well as the conditions for purchasing products through it (hereinafter, the "General Conditions"). Our Privacy Policy and Cookie Policy also form an integral part of these General Conditions. Access to and browsing of this website, or use of its services, implies express and full acceptance of these General Conditions and the documents mentioned therein. Therefore, we recommend that you read them carefully. If you do not agree with their content, you should not use this website. If you have any questions about the General Conditions or the Privacy and Cookie Policies, you can contact us through any of the means described below.
1. LEGAL INFORMATION
The owner of this website is MONMART, a Spanish company with registered office at Calle Torrent del Llorer no. 25, 08192, Sant Quirze del Vallès.
2. CONDITIONS OF USE OF OUR WEBSITE
By using our website and placing orders through it, you agree to:
- Do not place any false or fraudulent orders, or register or place orders by deliberately providing false or inaccurate information or impersonating a third party.
- Do not take any action aimed at damaging, blocking, impairing, rendering useless, or overloading, temporarily or permanently, the website's functionalities, tools, content, and/or infrastructure, in such a way that its normal use is impeded.
- Do not use any of the materials and information contained on this website for any unlawful purposes or effects, expressly prohibited in these General Conditions of Use, or contrary to the rights and interests of MONMART, its users, and/or third parties.
- Periodically review these General Conditions, or any other applicable conditions, checking for any changes that may have occurred.
Likewise, the inclusion of hyperlinks for commercial purposes on websites other than MONMART's that allow access to our website is expressly prohibited without prior consent.
The existence of hyperlinks on third-party websites does not imply, under any circumstances, the existence of a commercial or business relationship with the owner of the website where the hyperlink is established, nor does it imply acceptance by MONMART of its contents or services.
The User shall be liable for any damages of any kind that MONMART or any third party may suffer as a result of the User's failure to comply with any of the obligations to which they are subject by virtue of these General Conditions or the law in relation to access and/or use of this website.
3. SERVICE AVAILABILITY
Items offered through the website www.monmart.es will be available in Spain.
4. ORDERS
To place your order, you must follow the online purchasing process and click "Authorize Payment." If your offer is accepted by MONMART, you will receive an email confirming that your order has been processed (the "Order Confirmation"). We will also inform you by email that the product has been shipped (the "Order Confirmation"). The contract for the purchase of a product will only be formalized when we send you the Shipping Confirmation.
Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion. If your offer is not accepted and your account has already been charged, you will be fully refunded.
By placing an order, you agree that all information and personal data provided is true and accurate, and that you authorize us to pay for the items ordered using the appropriate credit or debit card and that there are sufficient funds in the relevant account to cover the cost of the order.
5. PRICE
The price of the products will be as stipulated at any given time on our website, unless there is obvious error. These prices may change at any time, but except as provided above, any changes will not affect orders for which we have already sent you a Shipping Confirmation. The prices listed on the website include VAT, but exclude shipping costs, which will be added to the total amount due.
6. SHIPPING
Shipping time is 24-72 hours.
All orders are processed daily, and those placed after 10:00 a.m. will be processed the following business day. Holidays do not count as delivery days; orders placed on holidays will be processed the following business day. The actual delivery date may be affected by shipping delays due to weather or other external factors, as well as during peak season. Please check the shipment tracking information you will receive via email for the most accurate delivery date.
The total cost of each shipment will be automatically calculated and detailed at the time of purchase confirmation.
You can find more information on our help page about "Shipping"
7. RIGHT OF WITHDRAWAL
Requests for product exchanges and returns must be made within 14 calendar days of the product delivery date.
The product being exchanged or returned must be in perfect condition, meaning it must be unused, unwashed, have all its original tags attached, and be in the same packaging in which it was delivered.
MONMART reserves the right to reject a return if all of the above conditions are not met. In these cases, you will be notified by email that your order is not eligible for return.
8. PRODUCT AVAILABILITY
All orders are subject to product availability. In the event of product supply difficulties, we will refund any amount you have paid.
9. WARRANTIES
If you purchase products as a consumer or user, we offer warranties on the products we sell through this website, in accordance with the legally established terms for each type of product. We are therefore responsible for any lack of conformity that becomes apparent within two years of delivery.
Products are deemed to conform to the contract provided they fit the description provided by us and possess the qualities presented on this website, are suitable for the uses for which products of the same type are normally intended, and present the quality and performance normally expected of a product . Therefore, if any of the products do not conform to the contract, you must inform us immediately through our contact channels, providing the product details and any damages. Amounts paid for products returned due to a defect or flaw, when present and after verification by MONMART, will be fully refunded. Refunds will be made using the same payment method used to pay for the purchase.
10. RESPONSIBILITY AND EXEMPTION FROM LIABILITY
Unless expressly provided otherwise in these Terms and Conditions, our liability in connection with any product purchased through our website will be strictly limited to the purchase price of that product. However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
- Loss of income or sales; - Loss of business
- Loss of profits or loss of contracts;
- Loss of anticipated savings; - Loss of data; and
- Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website unless expressly stated otherwise on this website.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content published on this website, and in particular, designs, texts, graphics, logos, icons, trade names, trademarks, and any other signs susceptible to industrial and commercial use, are subject to the industrial and intellectual property rights of MONMART or third-party owners who have authorized their inclusion on the website. Under no circumstances shall this be construed as granting any license or as a waiver, transfer, or assignment of said rights in whole or in part, nor as conferring any right or expectation of rights on the User. The exploitation, alteration, reproduction, distribution, or public communication of the aforementioned rights without the prior express authorization of MONMART or the corresponding owners is expressly prohibited.
12. WRITTEN COMMUNICATIONS
Applicable law requires that some information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically satisfy any legal requirement that they be in writing. This condition will not affect your statutory rights.
13. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful programs or material. You must not attempt to gain unauthorized access to this website, the server on which this website is stored, or any server, computer, or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in violations classified under applicable regulations, and you will be reported to the competent authorities. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from an attack of the type listed above that may affect your computer, computer equipment, data or materials due to your use of this website or to your downloading of any content from it, or to any website linked to it.
14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This Contract is binding on both you and us, and on our respective successors, assigns, and legal representatives. You may not transfer, assign, encumber, or otherwise transfer this Contract or any of your rights or obligations under it without our prior written consent. We may transfer, assign, encumber, subcontract, or otherwise transfer this Contract or any of your rights or obligations under it to or from us at any time during the term of this Contract. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect your statutory rights as consumers, nor will they invalidate, reduce, or otherwise limit any express or implied warranties we may have granted.
15. EVENTS BEYOND OUR CONTROL
We will not be liable for any failure to perform, or delay in performing, any of our obligations where such failure or delay results from events beyond our reasonable control ("force majeure"). Force majeure includes any act, event, failure to perform, omission, or accident beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other industrial actions.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation, whether public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will be considered suspended for the duration of the force majeure, and we will have an extension to fulfill said obligations for a period of time equal to the duration of the force majeure.
duration of the force majeure. We will make all reasonable efforts to end the force majeure event or find a solution that allows us to fulfill our obligations.
16. WAIVER
Our failure to require strict performance of any of your obligations under any agreement or these Terms and Conditions, or our failure to exercise any rights or remedies to which we are entitled under any such agreement or these Terms and Conditions, shall not constitute a waiver or limitation of those rights or remedies nor relieve you from those obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other right or remedy arising from any agreement or the Conditions. No waiver by us of any of these Terms and Conditions or any of the rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing.
17. PARTIAL NULLITY
If any of these Terms and Conditions or any provision of a contract is declared invalid by a final decision of a competent authority, the remaining authority, the remaining terms and conditions will remain in force and will not be affected by such declaration of invalidity.
18. INTEGRITY OF THE CONTRACT
These General Conditions and any documents referenced herein constitute the entire agreement between the user and MONMART and supersede any previous agreement, understanding, or promise made between the user and us, whether verbal or written.
19. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. Modifications will not be retroactive. If you do not agree with the modifications, we recommend that you do not use our website.
20. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and any contracts for the purchase of products through it shall be governed by Spanish law. Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
LAST UPDATE 11/12/2023