GENERAL TERMS AND CONDITIONS OF SALE
1.- Identification data of the holder
These general terms and conditions of sale comprehensively regulate all sales transactions that can be offered, loaned or carried out from the online store located on the website www.monoa ., owned by MONOA by S&M, SL , (henceforth MONOA), with Tax Identification Number or Code no. B05479019, registered office at Avinguda Negrals, 8, 3er. A. 25230 Mollerussa. LLEIDA and registered in the municipality of Manresa, volume 1620, page 185, sheet L33166.
2.- The user
Access, navigation and use of the website confers the status of user, therefore, from the moment you start browsing the Website, all the Conditions established here, as well as the modifications, are accepted later, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for correct use of the website. This responsibility will extend to:
Use the website only to make legally valid inquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases.
Provide truthful and lawful contact data, for example, email address, postal address and/or other data.
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through the website. The website is mainly aimed at users resident in Spain. MONOA does not guarantee that the website complies with the laws of other countries, either in whole or in part.
3.- Applicability of the general conditions
These Sales Conditions will be applicable only and exclusively to entrepreneurs and professionals, in no case to people who have the status of final consumer.
In order for users to have Customer status, they must meet the following requirements:
Be a professional and/or entrepreneur.
Act with a purpose related to your commercial, business, trade or profession.
These conditions will regulate the use of the website www.monoa.es that MONOA makes available to users and customers.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce and Law 7/1998 on General Conditions of Contract. MONOA may modify them without prior notice, so it recommends a periodic consultation, especially when you intend to make effective use of its online store located on the www.monoa.es website. However, MONOA undertakes to always keep them updated, to publish the latest version and to allow access and printing at any time.
MONOA makes available to Users the following products (henceforth indistinctly "the Products"): manufacture of textile products.
The products offered by MONOA will appear indicated on the website, with an indication of their characteristics and final price (indirect taxes, costs and price of additional services included), being therefore available to the user prior to their sole· service request The contracting of any of the products offered by MONOA will imply that it will only be obliged to comply with the General Contracting Conditions established here, in accordance with the products described.
MONOA will only be liable for or in relation to the provision of the products if the defects or irregularities are a direct consequence of any willful, wrongful or directly negligent act and irregularities are a direct consequence of any willful, wrongful or negligent act directly and exclusively attributable to MONOA
The territorial scope of service provision will coincide with the territorial scope described at www.monoa.es.
5.- Conditions of access and purchase
Access to the MONOA website is free and confers user status on the user, regardless of subsequent use of the services offered.
The User will have to register in order to buy in our store by filling out a form, which will entail assigning personal credentials composed of a unique identifier (which will be the email address) and a password , the conservation and custody of which will depend exclusively on the User, who will have to operate with due diligence. Therefore, you will not use keys other than yours, in order to impersonate other Users when using www.monoa.es.
The acquisition of products at www.monoa.es can only be done by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchase process, consistent, merely enunciative:
Completion of the registration form or identification of previously registered users.
On-screen display of the order summary, delivery conditions and - if applicable - shipping costs.
Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, of the existing Particular Conditions.
Immediate receipt of a summary email to the account used in registration or – if there is none – as soon as possible and always before the following twenty-four hours.
All orders shall be deemed offers to purchase subject to these terms and conditions. MONOA reserves the right to accept them if the requirements set out in them are not met.
Once an order has been placed, the system automatically generates a proof of receipt. However, this confirmation does not imply the automatic acceptance of the order, given that MONOA reserves the right to request additional information, related to the identity and address to guarantee, both a correct shipment of the order, and to ensure the absence of fraud related to transactions. Orders can be placed 365 days a year, at any time, except when the service is suspended for maintenance or other commercial circumstances and/or force majeure.
Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option to wait until the product is available or cancel the order.
Delivery will be deemed to have taken place at the time the user or third party indicated by him acquires material possession of the products.
The delivery time for the order will vary according to the shipping method selected and will be indicated on the website once the order confirmation is obtained, in any case it will not exceed 30 days from the date of confirmation of the order. In the event that the delivery date cannot be met, we will inform the user of this circumstance and you will be offered the option of proceeding with the purchase by setting a new delivery date or the possibility of canceling the order obtaining a full refund of the price paid.
If the recipient is absent at the time of delivery, a notice will be left so that he can collect the shipment at the place and within the times indicated. After the deadline has passed without collection, the shipment will be returned to MONOA.
Orders always travel at the expense and risk of the user/customer. Any additional expenses not provided for in our rates (maritime packaging, special unloading methods, shipments by baggage regime, airplane, etc.) will always be at the expense and risk of the user/customer.
The transport will be carried out by an external transport company that will make the deliveries on behalf of MONOA and will follow up the orders with the relevant security control measures.
8.- Price and payment
It is understood that the price of each product is the one that will appear on the website at the time of placing each order or in accordance with the particular agreement reached by the parties for a specific order. The user must pay the marked price, including applicable taxes, together with shipping costs, which will be added to the final price to be paid.
Prices can be modified by MONOA at any time and without prior notice without this affecting already confirmed orders. However, even if confirmed, MONOA will not be obliged to fulfill orders when the price is incorrect, especially when the error is obvious and easily recognizable.
Accepted means of payment are:
- Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
- Payment via PayPal.
- Cash on delivery payment.
MONOA reserves the right to change the payment methods, being able to create new ones or remove any of the existing ones, without the user/customer of www.monoa.es being able to make claims for this reason. However, if the change in the payment method affects an order already made, from www.monoa.es we will contact the user/customer to inform him, offering him the option to cancel the order if you consider it convenient.
Payment by credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated are correct With the aim of providing maximum security to the www.monoa.es payment system, it uses secure payment systems from leading financial institutions in electronic commerce. In this sense, confidential data is transmitted directly and encrypted (SSL) to the corresponding financial institution. The SSL encryption system used gives total security to the transmission of data over the network. User/customer data is completely confidential and protected. Credit card details are not recorded in any of our databases. They are only used at the virtual POS (Point of Sale Terminal) of the MONOA financial institution, through its Secure Payment Gateway. Credit cards will be subject to checks and authorizations by the issuing entity, but if this entity does not authorize payment, MONOA is not responsible for any delay or lack of delivery and will not be able to formalize any contract with the user / client. MONOA reserves the right to verify the personal data provided by the user/customer and take the measures it deems appropriate (including the cancellation of the order) so that the goods purchased are delivered in accordance with the data listed in the order . Credit cards will be subject to checks and authorizations by the issuing entity, but if this entity does not authorize payment, MONOA is not responsible for any delay or lack of delivery and will not be able to formalize any contract with the user / client. MONOA reserves the right to verify the personal data provided by the user/customer and take the measures it deems appropriate (including the cancellation of the order) so that the goods purchased are delivered in accordance with the data listed in the order . Credit cards will be subject to checks and authorizations by the issuing entity, but if this entity does not authorize payment, MONOA is not responsible for any delay or lack of delivery and will not be able to formalize any contract with the user / client. MONOA reserves the right to verify the personal data provided by the user/customer and take the measures it deems appropriate (including the cancellation of the order) so that the goods purchased are delivered in accordance with the data listed in the order .
Payment against refund: the user/customer will make the payment once the product is delivered to the requested shipping address, this mode will have an additional cost of approximately 3% on the total value of the basket. The user/customer who makes a purchase using this modality, except for cancellation of the same through the user/customer service, prior to the email sent by MONOA informing that the order has already been shipped, will be obliged to pay the same, the rejection of the package being considered fraud.
9.- Returns, repairs
The user/customer has the right to return all products purchased on the Website as long as they notify MONOA within a maximum period of fifteen 15 working days from the date of delivery and meet the following conditions:
The product is in the same condition in which it was delivered, it must keep its original packaging and labeling.
The return is made using the same packaging with which the delivery was made or if there is none, with a similar format that guarantees the return in perfect condition.
Contact Customer Service beforehand, where a claim number will be provided to track the process.
In the case of returns for defective products covered by the warranty or causes attributable to MONOA, the return service will be free of charge. In this case, MONOA will refund the product and the corresponding shipping costs; partial returns and cancellations will result in partial refunds. In cases of returns not attributable to MONOA, shipping costs will be charged to the user/customer who will be informed beforehand.
10.- Right of withdrawal
Since the user/customer is considered an employer for the purposes of the General Law for the Defense of Consumers and Users, the right of withdrawal does not apply.
MONOA by S&M, SL undertakes to respect the legal guarantee of the products and services offered on its website according to what is stipulated in the applicable legislation.
12.- Customer service
MONOA has a customer service so that the User can manage your claims, doubts, or request guarantees.
The User can direct their complaints, claims or requests for information to the MONOA Customer Service, using any of the following ways:
By sending an email to email@example.com
By calling 677410196, from Monday to Friday (8.30 a.m. to 3.00 p.m.)
All doubts and especially complaints and suggestions will be attended to as quickly as possible, without in any case exceeding the deadlines established by current legislation.
It will also be evidenced by the delivery of a written receipt, on paper or in any other durable medium.
13.- Technical means to correct errors
The User/customer is informed that if he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting MONOA using the contact details provided in the first clause (General Information) and/or through those skills to contact customer service. Also, this information could also be solved by the User through their personal connection space on the Website.
In any case, the User has access to the space, the basket or the basket where their purchase requests are recorded and can make modifications.
14.- Protection of personal data
MONOA, is responsible for the processing of the User's personal data and informs you that this data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of rights digital and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, for which provides you with the following treatment information:
End of treatment:
Maintain a commercial relationship with the user.
The personal data collected on this site are as follows:
- Account opening: When creating the user account, your first name, last name, telephone number, postal address,
- Login: when the user connects to the website, it records, in particular, the surname, first name, access data, usage data, location and payment data.
- Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number.
- Payment: as part of the payment for the products and services offered on the website, the financial data relating to the user's bank account or credit card are recorded.
- Communication: When the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
- Cookies: Cookies are used when using the site. The user has the possibility to disable cookies from the settings of your browser.
Use of personal data
The purpose of personal data collected from users is to make the website services available to you, improve them and maintain a secure environment. More specifically, the uses are as follows:
Access and use of the website by the user.
Management of the operation and optimization of the web page.
Organization of the terms and conditions of the Payment Services.
Verification, identification and authentication of the data transmitted by the user
Offer the user the possibility to communicate with other users of the website.
Implementation of user assistance.
Personalization of services by displaying advertisements based on the user's browsing history, according to your preferences.
Fraud prevention and detection, management of malicious code (malicious software) and security incidents.
Management of possible conflicts with users.
The sending of commercial and advertising information according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
- When the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts.
- When the user posts publicly accessible information in the free comment areas of the website.
- When the user authorizes a third party website to access their data.
- When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on personal data protection.
- If required by law, the website may transmit data to file claims against the website and comply with administrative and judicial procedures.
Security and confidentiality
The website applies organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and that the Website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: Avinguda Negrals, 8, 3er. A. 25230 Mollerussa. LLEIDA or email firstname.lastname@example.org.
Right to withdraw consent at any time.
Right of access, rectification, portability and deletion of your data and the limitation or opposition to treatment.
The right to file a complaint with the control authority (agpd.es) if you consider that the treatment does not comply with current regulations.
15.- Language of the contract
These general conditions of sale are written in Catalan. If they are translated into one or more foreign languages, the Spanish text prevails in case of litigation.
16.- Applicable legislation
The user undertakes to make correct and appropriate use of the services and of the MONOA website in accordance with the Law, with these General Conditions, the Legal Notice and Conditions of Use of the Portal, as well as with the other conditions , regulations and instructions that, where applicable, may be applicable.
These general contracting conditions are governed by Spanish legislation, with the Spanish courts and tribunals having jurisdiction to deal with all questions that may arise in relation to interpretation, application and compliance. The User expressly renounces any different jurisdiction that, by application of the current Law, may correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of the domicile of MONOA by S&M, SL.