LEGAL NOTICE AND GENERAL CONDITIONS FOR PURCHASING AND USE OF THE SITE
We encourage you to read carefully these Conditions before using this website. By using this website or by making a purchase order through it, you consent to be bound by these Conditions, without any kind of reservations in respect of them. The current Conditions replace any other previous ones reflected in any other document, with exception of previous amendments that may have been granted in writing.
We have the right to review and modify these Conditions at any time. Consequently, the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that are applicable to you. Notwithstanding with the foregoing, in no event, the applicability of any changes made will have retroactive effects.
The Contract (as it is defined below) may be formalized, at your choice, in any language in which the Conditions are available on this website.
In the event that you have the status of consumer and user, the purchase contracts that you might conclude through this website, will be presumed to be held in the place where you have your usual residence.
In compliance with the provisions set in article 10 of the Law 34/2002, of July 11, of the information society and electronic commerce, the general information of this website is detailed below:
Owner: JESUS JOHAN APONTE MONTERO (hereinafter, “MAGNO MONTERO”)
Registered Office: Plaza de la Sagrada Familia 19. Principal 2da/ 08013
Your data and your visits to this website
Through your account, you will be able to modify your data if needed.
Use of our website
The User agrees to use this website, its contents and its services in accordance with the law, morality, public order and the provisions established in these Conditions. Moreover, the User is obliged to make an appropriate use of the services and contents of the website and not to use them to carry out unlawful activities or activities that constitute a criminal offense, that infringe third parties’ rights or that violates any rule of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and/or make available to third parties any type of material or information (data, content, messages, drawings, sound or image files, photos, software etc.) that are contrary to law, morality, public order and the provisions established in these Conditions.
The User undertakes to keep MAGNO MONTERO completely harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User’s breach of any of these Conditions.
The purchase through this website involves the express submission and acceptance of the current Conditions, without any kind of reservations in respect of it.
By placing an order through this website, you declare to be of legal age and to have sufficient legal capacity to celebrate and enter into contracts.
In case of placing an order on behalf of a legal person, you declare to have sufficient legal capacity to represent that legal person and to accept these Conditions of purchase.
Product and service availability
All orders are subject to the product’s availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount that you may have paid.
The purchase process consists of several steps, which are detailed below:
1. Select the items that you are interested in purchasing and add them to the “cart” by clicking on the corresponding icon.
2. The “cart” will contain the reference of the selected item (SKU), its name, size, color chosen and price in the corresponding currency (taxes included). The expressed price does not include transportation expenses, whose rates will vary depending on the shipping method you select.
4. If, once you have included the shipping address and selected the means of transport and before confirming the payment, you detect an error in your order; you will be able to modify any detail of the order by clicking the button “←”. In case of detecting an error in your order once the payment process has been completed, please contact us via mail through the email address firstname.lastname@example.org
5. Once the order has been placed, the order number will be communicated through the website itself, so that you can, at any time and from your device, track it. Likewise, an email will be automatically sent to the address you have indicated to acknowledge receipt of the order with a description of it (hereinafter, the “Order Confirmation”). Failure to receive said Order Confirmation may be due to a temporary communication problem in the network or to a writing error in the email address provided. In both cases, we recommend that you contact us using the email address email@example.com if the aforementioned confirmation does not arrive.
6. The reception of the Order Confirmation does not mean the acceptance of your order. Your order constitutes an offer to MAGNO MONTERO to purchase the products that are subject to the corresponding order. All orders are subject to their acceptance by MAGNO MONTERO as well as availability. MAGNO MONTERO is not obliged to accept the order and may, at its discretion, refuse to accept it. You, however, acknowledge that by confirming payment at the end of the entire purchase process, you acquire the obligation to pay for the products when MAGNO MONTERO accepts the order. In this sense, when we accept the order, we will notify you through a new email confirming that the order has been sent or, where appropriate, that it is available for collection (the "Order Acceptance"). MAGNO MONTERO will not be obliged to supply any product that has not been confirmed.
MAGNO MONTERO uses different transport and express logistics companies of recognized national and international prestige to send your orders.
The date of delivery of your order in the shipping address of your choice will depend both on the shipping area and on the chosen delivery method. In any case, before confirming your order, you will be informed about the transport times depending on the modality chosen and the final place of delivery.
Please note that there are circumstances arising from the customization of the products, or unforeseen and extraordinary circumstances that may affect the delivery date.
If for any reason we could not comply with the delivery date, which under no circumstances will exceed 30 calendar days since the Order Acceptance, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. If delivery on time has not been possible for reasons attributable to the customer (for example, for having indicated the delivery address incorrectly), shipping costs will not be reimbursed.
Please note that, in any case, we do not deliver on Saturdays, Sundays and holidays.
For the purpose of these Conditions, the delivery will be understood as “completed” or the order as “delivered” at the time when you or a third party indicated by you acquires the material possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.
Impossibility of delivery
If after two attempts it is impossible for us to complete the delivery of your order, our logistics operator will inform you by email and/or SMS about what to do in order to execute the delivery. If you are not going to be at the place of delivery of the order at the agreed time, please contact our logistics operator to arrange delivery on another day.
In any case, to collect your order, you will have a period of 14 days from the date on which, following the procedure established in these Conditions; you are informed that your order is available. If after this period you have not collected your order, we understand that you are willing to withdraw from the Contract and we will consider it terminated. As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, before 30 days since the date which, according to the established in the current Clause, we consider the Contract to be terminated, discounting shipping and return costs.
Transfer of ownership of products
The risk of the product will be at your charge from the moment of its delivery, so from that moment on, you will be solely responsible for it. Notwithstanding the foregoing, and despite having proceeded with their delivery, you will not acquire the full ownership of the products until we receive the full payment of all amounts due in connection with them, including shipping costs.
Price, payment and billing
The price that we invoice you is the price of the online order after its acceptance (the prices on this website include VAT) plus the shipping costs that are indicated once the shipping method has been selected, as well as any other tax or fee of application under the country of destination. This price will be reduced by the applicable discounts, and unless expressly stated otherwise, shall be payable prior to dispatch.
Prices may change at any time, although these changes will not affect orders for which we have already sent an Order Confirmation.
Once you have completed your purchases, every item you are willing to buy will have been added to your “cart” and the next steps will be to process the order and to make the payment.
You will be allowed to pay with Visa, Mastercard, Maestro, American Express, Paypal. In order to minimise the risks of unauthorized access, your card data will be encrypted.
By clicking “Authorize Payment” you are confirming that the credit card is yours or that you are the rightful holder and that in no case you are acting unlawfully.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.
You expressly authorise us to issue the invoice in electronic form, although you are able to indicate us at any time and by email to the address firstname.lastname@example.org your willingness to receive a paper invoice, in which case, we will issue and remit the invoice in that format. The paper invoice will be sent in the package itself if you have requested it before shipment; otherwise, it will be sent to the same delivery address indicated for that order.
Value Added Tax
According to the current legislation, every purchase carried out from our website will be subject to Value Added Tax (VAT) and to any other tax or fee applicable in virtue of the legislation in force in the country of destination.
Exchange and return policy
Examination of Products: It will be your responsibility to examine the products immediately upon receipt, in accordance with the terms and conditions established under these Conditions.
Legal Right of Withdrawal: In accordance with the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, the “Royal Decree 1/2007”) you shall have the right to withdraw from the purchase within a period of 14 calendar days from the receipt of the products subject to the sale without penalty of any kind.
In order to exercise this right, you must notify your decision of withdrawal from the Contract through an unequivocal declaration sent by email to the address email@example.com containing your contact information, the order reference and the delivery date. For this purpose, you can use the withdrawal form contained at the end of these Conditions as an Annex.
Unless otherwise indicated, you can return the products by sending them to the following address (Plaza de la Sagrada Familia 19, principal 2da. 08013 Barcelona), being at your own expense the shipment costs. In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of the abovementioned right is sent before the corresponding period expires.
In case of withdrawal in accordance with this Clause, MAGNO MONTERO will return all payments received in relation with the purchase object of withdrawal no later than 14 days after the day in which MAGNO MONTERO receives the above-mentioned communication. The costs of returning the order will not be refunded. MAGNO MONTERO may carry out such refund using the same means of payment used for the initial transaction, unless expressly agreed otherwise. Notwithstanding with the foregoing, MAGNO MONTERO may retain the refund until it receives the goods or until proof of their return has been provided, depending on which conditions are first met. The items must be in perfect condition and with their corresponding label. They must be returned in their original packaging to ensure that they are properly protected in transit. Shoe boxes must also be protected as they are considered as a part of the product and, therefore, the return may be rejected if the shoe box is damaged due to fault of the consumer. No refund shall be made if the product has been used beyond its mere opening, if the products are not in the same condition in which they were delivered or that have suffered any damage, or if the products are not returned using or including all its original packaging, the instructions and any other documents accompanying it.
Returns of Defective Products: In cases when you consider that at the time of the delivery the product does not comply with these Conditions, you must contact us immediately through our email: firstname.lastname@example.org indicating the details of the product as well as the damage suffered, or by calling the number +34 629198455 where we will indicate the way to proceed and how to return the product. Products shall be deemed to comply with these Conditions provided that:
They conform with the description made by us and have the qualities presented on this website;
1. Are suitable for the uses to which products of the same type are ordinarily intended.
2. Present the usual quality and benefits of a product of the same type that are reasonably expected taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products that we could have made.
3. In this sense, please note that the products we sell, especially those handicraft garments, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and color, shall not be regarded as defects insofar as the natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
We will proceed to examine carefully the returned product and we will let you know through email, within a reasonable period of time, if the returning of the items proceeds and, when appropriate, its replacement. The return or replacement of the item will be carried out as soon as possible, and in any case, within 14 days after the date in which we had sent you an email confirming that the return or replacement of the non-conforming item is appropriate. The amounts paid for those products that are returned due to any defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the same. The return will be made in the same means of payment that was used to pay for the purchase. In any case, this does not affect your statutory rights.
If you are contracting as a consumer and user in accordance with the Royal Decree 1/2007, we offer you the guarantees on the products you have purchased through this website in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same if manifested within a period of two years from the delivery of the product.
For any incident or claim you can send an email to the address email@example.com
Industrial and intellectual property
You acknowledge and agree that all copyrights, trademarks and other industrial and intellectual property rights over the materials or content provided as part of the website correspond to us or to those who granted us the license for their use. You will be able to use such material only in the way authorised by us or by those who granted us the license for their use. This will not prevent you from using the website to the extent necessary to copy your order information or contact details.
The User’s access to this website does not imply for MAGNO MONTERO the obligation to control the absence of viruses, worms or any other harmful computer element. Corresponds to the User, in any case, the availability of suitable tools for the detection of harmful computer programs.
MAGNO MONTERO is not responsible for any damage caused to the User’s or third parties’ software and/or computer equipment during the use of the services of this website or browsing through it.
MAGNO MONTERO is not responsible for damages or losses of any kind caused to the User caused by failure or disconnection in telecommunication networks that cause the suspension, cancellation or interruption of the service of the service during the provision of the same or with previous character.
Links from our website
In the event that our website contains links to other websites and third parties’ materials, such links are provided for informational purposes only, without us having any control over its content. We, therefore, accept no liability for any damage or loss arising from its use.
Applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us are electronic. We will contact you by email or provide you with information by posting posts on this website.
Regarding contractual effects, you agree to use this electronic communication method and recognize that any contract, notice, information and other communications we send you electronically, comply with the legal requirements of being in written form. This condition will not affect the rights recognized under the law.
The notifications that you send us should preferably be sent through our email firstname.lastname@example.org. In accordance with the provisions contained in the clause above, and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
Notifications will be deemed to have been received and correctly made at the time they are posted on our website, 24 hours after they have been sent to an email address or 3 days after the postage date of any letter. In order to prove that a notification has been made, it will be sufficient, in case of any letter, that it had the correct address, that it was correctly stamped and duly delivered in the post office or mailbox and, in case of an email, that it was sent to the email address that you specified when placing the order.
Assignment of rights and obligations
In case of purchase through this website, these Purchase Conditions are binding both for you and for us, as well as for our respective successors, assignees and assignees. You may not transmit, assign, encumber or transfer your contractual position or any of the rights and obligations arising from it in your favour or for you, without our prior written consent.
If any of these Conditions is declared to be null and void by a final decision of the competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of invalidity. The void or unenforceable clause shall be replaced by another one that can be assimilated to the former in the most appropriate way possible.
Your Credentials are personal and confidential and only you are able to modify them. Likewise, you are the only responsible for their use and you agree not to disclose them to third parties, so any unlawful use of them will be, in no case, MAGNO MONTERO’s responsibility. Moreover, you agree to notify MAGNO MONTERO immediately of any unauthorized use of your Credentials, as well as access by unauthorized third parties.
Neither you nor MAGNO MONTERO will be liable for the breach of these Conditions as a result of force majeure. Force majeure shall be understood to be any act, event, lack of exercise, omission or accident beyond reasonable control, and in particular and as a non-exhaustive the following ones, among others: strikes, lockouts or other protest measures, disasters natural, civil commotion, threats or terrorist attacks, impossibility of using trains, boats, planes, motor transport or other means of transport.
It will be understood that the obligations will be suspended during the period in which the force majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the force majeure.
The use of our website and the purchase of products through it will be governed by Spanish law. Any dispute that arises or is related to the use of this website or with said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals, particularly, the Courts of Barcelona.
Notwithstanding with the foregoing, if you are acting as a consumer and user, nothing in the current clause will affect the rights that current legislation could recognize you as such, so according to Royal Decree 1/2007 you can go to the Courts of your domicile for the resolution of any controversy that arises or is related to these Conditions.
Comments and suggestions
Your comments and suggestions will be well received. We kindly ask you to send us such comments and suggestions through our email: email@example.com
Complaints and claims
You can send us your claims and complaints through our contact channels or by email in the address firstname.lastname@example.org,which will be attended by our Customer Service in the shortest possible time and, in any case, within the legal period settled down.
If as a consumer you consider that your rights have been infringed, you can address your complaints to us via the email address: email@example.com in order to request an out-of-court dispute resolution.
In this sense, in accordance with article 40.5 of the law 7/2017, of November 2, we inform you that you have the right to request with us an out-of-court settlement of disputes through the online dispute resolution platform of the European Union referred to in the Regulation (EU) No 524/2013: https://ec.europa.eu/consumers/odr/main.