General Terms and Conditions

Montesanco

Terms and conditions

We invite you to learn all the necessary information regarding the electronic transactions you make on this website.

SAT MONTESANCO is committed to transparency and clarity in commercial transactions carried out in this portal, guaranteeing a space committed to the rights of users and customers, so we recommend that before contracting any of the products that we make available on this website, read these conditions and terms that apply to the provision of services offered by SAT MONTESANCO own its main activity of selling WINE.

These terms and conditions govern the relationship between SAT MONTESANCO and the customers of the tienda.montesanco.com website.

SAT MONTESANCO reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, SAT MONTESANCO will notify you by posting a notice on our website.

Services and/or products are available only to legal entities and persons over 18 years of age.

This website complies with the following regulations:

Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; and Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights.

How to place an order

As a condition for placing any order, the customer must contact SAT MONTESANCO and provide the corresponding information required for the purchase of the products available on this website. The ordering information you provide must be accurate, complete and current at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with SAT MONTESANCO.

From the moment of acceptance, the customer acquires the status of SAT MONTESANCO Customer.

Orders must be placed following the steps that SAT MONTESANCO will show you, where you will be able to choose the product and the quantity you wish to buy.

Discount coupons

Coupons or discount codes may be for individual or shared use, may be cumulative or non-cumulative and subject to the validity dates indicated.

SAT MONTESANCO reserves the right to cancel any promotion to individual or collective customers if it is considered that an abusive or inappropriate use is being made of them.

Purchase validation

Once the purchase has been made and the payment has been made, SAT MONTESANCO will send you an order confirmation by e-mail.

It is time to check that everything is correct. If you do not agree with the information contained in this confirmation, you may request the modification or cancellation of the order.

The validation of the order by the customer expressly implies the knowledge and acceptance of these particular conditions of contract as part of the conclusion of the contract. In the absence of proof to the contrary, the data recorded by SAT MONTESANCO constitutes proof of all transactions carried out between SAT MONTESANCO and its customers.

In case of any modification or cancellation, the communication must be made within 24 hours from the order confirmation, via e-mail: vinos@montesanco.com and provided that the order has not been shipped.


Prices and payment

The customer agrees to pay for the products contracted to SAT MONTESANCO in the forms of payment accepted by SAT MONTESANCO and for any complementary amount (including taxes and late payment charges, as the case may be).

The prices applicable to each product are those indicated on the website on the date of the order including, if applicable, all VAT (Value Added Tax) for transactions within the Spanish territory. However, in accordance with the provisions of Law 37/1992, of December 28, 1992, regulating such tax, the transaction may be exempt or not subject to such tax depending on the purchaser’s country of residence and the condition in which the purchaser acts (businessman/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.

VINOS SIERRA NORTE S.L. accepts these forms of payment:

By credit or debit card

We accept Visa, MasterCard, American Express and Maestro cards.

You can pay immediately through the SSL secure payment gateway of our store. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card. Both personal and banking data will be protected with all the security measures established by the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD) with total confidentiality.

2. PayPal

Through PayPal the payment of the order will be authorized, but no money will be withdrawn until PayPal verifies that it is correct. In order to do so, it is essential to have a PayPal account.

Validity of prices and offers

The products offered on the website, and their prices, will be available for purchase as long as they are in the product catalog displayed on the website. Customers are kindly requested to access updated versions of the website to avoid pricing errors. In any case, orders in process will maintain their conditions for 7 days from the moment of their formalization.

GENERAL SALES CONDITIONS

montesanco.com

1. GENERAL INFORMATION

The ownership of this website montesanco.com, (hereinafter Website) is held by: CV 460/Ctra Utiel-Los Isidros Km 7 46 340 Requena , Valencia, Spain. ( Post Office Box 40, 46 300 Utiel)with NIF: , provided with NIF: and registered at: ; and whose registry details are: , and whose contact details are:

Address: CV 460/Ctra Utiel-Los Isidros Km 7 46 340 Requena , Valencia, Spain. ( Post Office Box 40, 46 300 Utiel)

Contact telephone number: +34 609427858

Fax: +34 962121626

Contact email: vinos@montesanco.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site(montesanco.com) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Montesanco develops through the Website includes:

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Montesanco.
By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, it is informed that these Conditions may be modified.
The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website.
This responsibility shall extend to:

  • Use this Web Site only to make inquiries and legally valid purchases or acquisitions.

  • Do not make any false or fraudulent purchases.
    If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.

The Web Site is intended primarily for Users residing in Spain. Montesanco does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. Montesanco disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.

The User will be able to formalize, at his choice, with Montesanco the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.

3. PURCHASE OR ACQUISITION PROCESS

The duly registered Users can purchase on the Website by the means and ways established.
They should follow the procedure of purchase and/or online purchase of montesanco.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “””

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Montesanco has received your order or request for purchase and / or provision of service, ie order confirmation.
And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through your personal space connection to the Website.
Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to Montesanco using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions made on the Website could be archived and stored in the computerized records of Montesanco
in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force in this regard that are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

Unless expressly stated otherwise, Montesanco is not the manufacturer of the products sold or that could be marketed on the Website.
Although Montesanco makes every effort to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website.
Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

The User knows that Montesanco shows him for his interest a series of services that the holder does not provide to the Users directly, but will be contracted and provided by a third party other than Montesanco.

4. AVAILABILITY

All purchase orders received by Montesanco through the Website are subject to the availability of products and / or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services.
If there are difficulties in the supply of products or products are not in stock, Montesanco agrees to contact the User and refund any amount that may have been paid as an amount.
This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website.
Thus, Montesanco performs delivery and / or shipping services through: .

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already completed the purchase order process on the Website as indicated in paragraph one of clause three above and receivedan order confirmation .

The accepted means of payment will be: Credit or debit card PayPal Bank transfer Cash on delivery Credit or debit card, and PayPal Credit or debit card, and PayPal Bank transfer PayPal Bank transfer Credit or debit card, PayPal, and Bank transfer Credit or debit card, PayPal, Bank transfer, and Cash on delivery

Likewise, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by Montesanco and/or CV 460/Ctra Utiel-Los Isidros Km 7 46 340 Requena , Valencia, Spain. ( Post Office Box 40, 46 300 Utiel).

Montesanco uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website.
As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, Montesanco will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Montesanco receives the purchase order from the User through the Website, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction.
The charge on the card will be made at the time the User is sent confirmation of shipment and / or confirmation of the service being provided in the manner and, where appropriate, place established.

If the payment method is PayPal, gift card or credit card the charge will be made at the time that Montesanco sends a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking on “” the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.

Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by Montesanco for the Website .
When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer.
In case of error, Montesanco will not be able to validate the order, which will be canceled.

For cash on delivery payment, the User must select “Cash on Delivery” among the payment methods on the Website and continue until to pass the purchase order.
From that moment, Montesanco reserves the right to contact the User in order to validate the purchase order with him.
After this, the order will be prepared and made available for the management of its shipment.

Payment shall be made at the time of delivery of the order by the carrier’s delivery person.
Payment shall be made in cash only.
The User undertakes to deliver to the delivery person of the carrier the exact amount of the order, the latter will not be able to provide change.

For the refund of the amount on orders paid by cash on delivery, Montesanco reserves the right to 14 calendar days after requested the return through the Website and having been returned the package to the carrier.
When making the return, the User must indicate their bank details to receive the transfer for the requested refund of the amount of the returned order.
The reimbursement of the amount of the orders paid by cash on delivery will be made only by bank transfer.

Montesanco reserves the right to suspend the payment by cash on delivery to those Users who have not complied with the necessary requirements in past orders.

6. DELIVERY

In those cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla) Spain (Peninsula and Balearic Islands), European Union Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union Spain (Peninsula and Balearic Islands), European Union, European Union, Rest of Europe Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe Worldwide.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable, Montesanco could not meet the delivery date, will contact the user to inform him of this circumstance and the user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse.
However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Montesanco to arrange delivery on another day.

In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to Montesanco, Montesanco will understand that the User wishes to withdraw from the contract and the contract will be considered terminated.
As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method different from the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the time of delivery.
The User acquires ownership of the products when Montesanco receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Montesanco.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla.
The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories.
The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User.

For all other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User.
For further information, the User should contact the customs office at destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case you detect that there has been an error when entering data necessary to process your purchase request on the Website, you can modify them by contacting Montesanco through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information).
Likewise, this information could also be corrected by the User through his personal space of connection to the Web Site.

In any case, the User, before clicking on “”, has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Web Site from Montesanco or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify its decision to Montesanco.
You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract.
In any case, the User may use the model withdrawal form that Montesanco makes available as part attached to these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Montesanco will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Montesanco is informed of the decision to withdraw by the User.

Montesanco will reimburse the User using the same payment method used by the User to make the initial purchase transaction.
This refund will not generate any additional cost to the User.
However, Montesanco may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to Montesanco at:

And it shall do so without any undue delay and, in any case, at the latest within 14 calendar days from the date on which Montesanco was informed of the withdrawal decision.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred.
In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

In this same sense governs the provision of a service that the user could hire on this website, as this same law states that the right of withdrawal will not assist users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Montesanco, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the model withdrawal form:

Return of defective products or shipment error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Montesanco immediately and let him know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return.
The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding Montesanco, therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by Montesanco and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and have the usual quality and performance of a product of the same type and that are fundamentally expected of it.
When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment.
However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party.
In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products.
In order to do so, the User must have kept all the information regarding the warranty of the products.

However, to learn more about the After-Sales Service that Montesanco offers to the Users of the Web Site, you can consult it here:

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Montesanco shall not accept any liability for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on its part;

  • business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or

  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, Montesanco also limits its liability in the following cases:

  • Montesanco applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
  • Montesanco will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order.
    However, Montesanco is not responsible for damages resulting from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
  • Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet.
    Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Montesanco puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for reasons not attributable to him, fortuitous event or force majeure.
  • Montesanco will not be responsible for the misuse and/or wear of the products that have been used by the User.
    At the same time, Montesanco will not be responsible for an erroneous return made by the User.
    It is the User’s responsibility to return the correct product.
  • In general, Montesanco shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure cause continues, and Montesanco will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure cause. Montesanco shall use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that most of the communications with Montesanco will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by Montesanco comply with the legal requirements of being in writing.
This condition shall not affect the rights recognized by law to the User.

The User may send notifications and / or communicate with Montesanco through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Montesanco may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by Montesanco of any specific legal right or action or failure by Montesanco to require strict compliance by the User with any of its obligations shall constitute a waiver of any other right or action arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Montesanco to any of these Conditions or to the rights or actions arising from a contract shall be effective, unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Montesanco in relation to the object of sale and replace any other pact, agreement or prior promise agreed verbally or in writing by the same parties.

The User and Montesanco acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data provided by the User to Montesanco in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use).
By accessing, browsing and / or using the Website the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Montesanco and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to Montesanco their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Montesanco has official complaint forms available to consumers and users, which they can request from Montesanco at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if a dispute arises from the conclusion of this purchase contract between Montesanco and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
You can access this method through the following website: https://ec.europa.eu/consumers/odr/.