0 - Organizer
The website "www.montnat.com" is a service offered by MONTNAT, S.L., with NIF B01977024. It is a company registered in the Mercantile Registry of Barcelona, volume 156, sheet 47483, page 553220. It can be contacted at the email montnat@montnat.com
The company carries out the provision of this service in accordance with the following conditions, applicable exclusively to the service offered on and through the website "www.montnat.com" (hereinafter "THE WEB"). Any other marketing or dissemination channel may imply changes regarding these conditions.
1 - Service Description
"THE WEB" offers a commercial information and sales service, both wholesale and retail, of products related to the world of alcoholic beverages, mainly wines and sparkling wines.
For this reason, individuals who do not have full capacity to contract and/or are not of legal age or are not of sufficient age to purchase or consume alcoholic beverages are excluded as registered users and customers.
"THE WEB" is suitable for the marketing of its products both to end consumers and to customers who do not have the legal status of consumer/user. Consequently, some consumer provisions of these conditions may be inapplicable to those customers who interact with "THE WEB" with a purpose related to their commercial activity, business, trade or profession.
For their part, the buying user agrees to provide Montnat with a correct and valid e-mail address to place their orders and accepts that it is their responsibility, the responsibility of the customer, to ensure the correct reception and reading of the messages that Montnat will send to the address provided, especially those informing binding dates for the fulfillment of delivery, claim or return deadlines, or other guarantees established in these terms and conditions.
2 - Service operation
"THE WEB" allows access only to registered users who are members of the Montnat club, for which it requires the user's name and surname, e-mail address and invitation code.
Likewise, the acceptance of the present Conditions of Use and the rest of the contractual conditions is required, so that the users can acquire the products that are commercialized in "THE WEB”.
The information about the products that are marketed is not exhaustive and has been provided by the manufacturers and suppliers, without Montnat being able to assume any responsibility for any possible inaccuracy about it, beyond the own that, in terms of consumption, could correspond to it. In any case, Montnat undertakes to remove or correct any information of which it becomes aware and/or which is notified to it (through any of the aforementioned channels) as incorrect.
3 - Service Mechanics
With the acquisition of the condition of registered user, the visitor, in accordance with these conditions and the privacy policy set out in the following point, may receive, without any consideration, commercial information and offers on the products marketed on "THE WEB".
Likewise, from then on and at any time, through "THE WEB" (or other channels) they may purchase the products you choose by interacting with "THE WEB", with indication at all times of the product selected, the number of units chosen and their unit price, finally showing the set of selected items, the unit and total price, with inclusion and breakdown of the corresponding taxes, the eventual charges derived from the transport and/or the chosen payment method, as well as the discounts or bonuses that may have been applied and an information of informative and approximate character about the delivery time.
Delivery times are subject to the shipping method selected by the customer during the purchase process.
For this purpose, it is possible that a set of data related to the contracting individual/legal entity, its billing/delivery address, options related to the delivery/shipping/collection of the order/means of payment or other aspects always related to the contracted product/service may be requested.
Such data will be treated in accordance with the privacy policy set out in point four.
Any order placed will be confirmed and accredited by an email that will be sent to the purchaser, also remaining accreditation of the same in the private section of "THE WEBSITE".
In any case, to proceed to the payment of any product, the Customer must follow each and every one of the instructions shown on the corresponding page or in the commercial communications that are made in this regard. The payment of the price of the products and/or services can only be made by credit or debit cards or other forms of payment indicated at any given time. These means of payment will be subject to checks and authorizations by the issuing entities, but if such entity does not authorize the payment, you can not continue with the purchase procedure initiated, being automatically canceled the order, and understood not made the sale or purchase of the product and / or service.
The charge of the price of the products and/or specific services, the costs of the shipping service -if applicable-, as well as any applicable taxes, will be made at the time of placing the order.
As an electronic payment system, Montnat has installed an e-commerce payment gateway. All data provided to Montnat for this purpose is encrypted to ensure maximum security and is hosted on a secure server. In no case the bank card data will be stored in Montnat's files, but, where appropriate and for the sole purpose of the contractual process to be developed, by the bank payment gateway.
If there is no stock of any product, Montnat will contact the purchaser for the purpose of notifying the incident and agree on what alternatives exist, including the possibility of replacement by Montnat of the good purchased by another of similar characteristics and the same or higher quality, or the return, without delay, of the sums paid under that product.
4 - Privacy Policy and Commercial Communications
Montnat will protect your data in accordance with the applicable data protection regulations. Montnat, in accordance with the applicable regulations, will store the personal data it has collected, and will take the necessary measures to prevent its alteration, loss, treatment or unauthorized access. Furthermore, all users will have the right to revoke the consent given for the transfer of their data.
All information provided during the registration process must be true, complete and accurate, obliging the user to contact Montnat (via email) in the event of variations in the information provided.
All data provided may, where appropriate, be processed by third party companies collaborating or subcontracted by Montnat for the performance of specific tasks.
Likewise, the data provided may be processed by Montnat and/or third parties, always in an instrumental, accessory and complementary manner to the main purposes of the file (the provision of the service and the receipt, where appropriate, of commercial communications), in order to ensure that these purposes are as optimal as possible. For any aspect related to the exercise of your legal rights regarding personal data, you can contact your own supervisory authority or Montnat's supervisory authority, if different, or contact Montnat (via the email address mentioned above).
The users of "THE WEBSITE" are informed and give their authorization to receive advertisements from Montnat as well as, if applicable, from the sponsors and/or companies with which an explicit commercial agreement has been reached on the website, always regarding products and services of interest to them.
This communication may be made through all channels provided by the participant: e-mail, SMS, telephone, mail or through the use of computer applications and social networks. These communications may, where appropriate, incorporate cookies/beacons/markers that, anonymously and without affecting any personal data, allow Montnat and/or the companies with which it collaborates, a better dialogue with the participant.
Likewise, after expressing valid and specific consent to do so, you may receive by any of the means described above, information and advertisements from other companies or related entities on sectors that may be of interest to you.
Users may revoke in whole or in part and at any time, the consent given to receive advertising communications through an email notification to the sender of such communications. A total revocation communicated to Montnat will also entail, within a maximum period of one week, the cancellation of the user's data from the files owned by Montnat, blocking them and keeping them only, where appropriate, for the purpose of ensuring compliance with legal or contractual obligations. The total revocation implies the loss of the condition of registered user.
All persons whose personal data are subject to processing, may exercise free of charge the actions derived from the rights of opposition, access, rectification, cancellation, information, portability, limitation of processing and any other rights they may have through one of the following ways: In writing, sending your request, along with supporting documentation of your identity, to Montnat by email to montnat@montnat.com
5 - Declarations
All prices shown on "THE WEBSITE" include, where appropriate and unless expressly stated otherwise, are expressed in EUROS and show all applicable taxes, also showing at the time the shipping costs, if any.
The delivery times of the products will depend on the method chosen by the user at the time of purchase. All deliveries are carried out by third party companies in accordance with the deadlines indicated, although local/regional/state holidays and acts of force majeure, among others, may affect such deadlines.
In the event that it is the consumer and user who orders the transport of the goods or the carrier chosen is not among those proposed by Montnat, the risk shall pass to the consumer and user with the delivery of the goods to the carrier chosen.
6 - Right of Withdrawal
Exclusively in the event that the user/customer is a consumer, he/she will have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, in whole or in part, from the purchase of the product, in accordance with applicable law.
To exercise this right, the customer must contact Montnat through communication montnat@montnat.com
In any case, the product must be delivered to Montnat at the customer's expense in the same condition in which it was delivered and must retain its original packaging and labeling, remembering that this right may not be exercised on those sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
Upon receipt of any goods subject to withdrawal, Montnat will reimburse, without undue delay and in the payment method in which the purchase was made, the corresponding payment received from the CUSTOMER, including the original delivery costs.
7 - Guarantees
Exclusively in the event that the user/customer is a consumer, the right to full conformity of the products with respect to the contractual commitments acquired is recognized.
8 - Cookies on the website
Access to this website may involve the use of cookies. Cookies are small amounts of information that, for a limited time, are stored on the hard drive of your computer and can only be read by the server that stored them. Their function is exclusively to improve the usability of the service, facilitating your use of "THE WEB".
At the same time, in addition to cookies in their technical sense, access to this website may involve the use of other technologies of equivalent effect (markers) to cookies that, where appropriate, allow the technical optimization of the website and the service offered, as well as a possible better integration with third-party platforms or use of multiple devices.
The cookies that, where appropriate, could be used on "THE WEB" are not of an advertising nature. Their nature is technical, analytical and personalization. Through them you can quantify the number of users and thus perform the measurement and statistical analysis of the use made by users of the service offered, while allowing to adapt the service to the characteristics of the user and its terminal.
No cookie allows the user's telephone number, e-mail address or any other means of contact to be contacted. No cookie can extract information from the user's hard drive or steal personal information. Users who do not wish to receive cookies or wish to be informed of their setting can configure their browser to that effect. In addition, you can erase the aforementioned cookies from your computer's hard drive whenever you wish.
9 - Modification and Termination
Montnat reserves the right to modify the content of its website and the conditions of use for justified reasons and safeguarding the rights of users, especially consumers. Similarly, and without detriment to the respect of the rights acquired by the users, Montnat reserves the right to terminate the provision of its website and conditions of use for justified reasons. Montnat reserves the right to terminate the provision of this service at any time.
The implementation of the above mentioned variations will be carried out with prior notice to the participants and members. By modifying the Terms of Use posted on the "THE WEB" web page, it shall be understood that this duty of notification to third parties has been fulfilled.
10 - Intellectual and Industrial Property
Both "THE WEB" and all the contents derived from it are protected by Intellectual Property laws. They may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed. Access to this website does not grant users any right or ownership over the intellectual property rights of the contents of this website.
Montnat welcomes unsolicited testimonials and other opinions, considerations and comments regarding the products or services offered by Montnat, either on "THE WEB" or on other platforms or channels. Such information may be incorporated into the website (or other channels), ensuring at all times the recognition of authorship and privacy of the authors. Therefore, and in order to comply with current legislation and the technical characteristics of the support, the materials submitted may be subject to modifications. The authors of such contributions, with their submission, waive any economic or any other right over them, although they may request their withdrawal at any time.
Montnat does not transfer the ownership of its software to the users. The user is the owner of the medium on which the software is recorded. Montnat retains all industrial and intellectual property rights including the software. If the user transfers software from this website to his terminal, he may not dissect it for study, or decompile it, or translate the version of the original object code or its language to another code or language.
The trade name, trademarks, logos, products, photographs and services contained in this website, both our own and those of third parties, as well as the designations of origin and geographical indications and these Terms of Use are protected by law.
The contents of "THE WEB" are intended exclusively for registered users for their personal use. Any other use (commercial or otherwise) of the information contained in the website is prohibited.
Montnat reserves the right to take legal action against users who violate or infringe the rights on databases and/or intellectual and industrial property rights of its own or third parties.
11 - Limitation of Liability
Montnat shall not be liable for any problems arising from the anomalous operation of third parties involved in the technical process of "THE WEB" service. Thus, Montnat will not respond to failures in telecommunications networks, in the services provided by Internet providers, in the collapse and cuts in telephone lines, failures in the validation program, difficulties in receiving communications by third party anti-spam filters, etc..
Montnat shall not be liable in any case and for any reason for the loss of data transmitted incorrectly, nor for the data transmitted after the deadline or the data which remission has been prevented or hindered by technical filtering systems by suppliers or e-mail management software.
12 - Jurisdiction and nullity and ineffectiveness of the Clauses
These General Conditions are subject to Spanish law. In the event of litigation relating to these General Conditions, the courts of Barcelona (Spain) have exclusive jurisdiction, except in the event of litigation with non-traders (consumers), for whom the competent legal rules apply.
If any clause included in these Terms of Use is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect such provision or the part of the same that is null or ineffective, subsisting the Terms of Use in all the rest, considering such provision, or the part of the same that is affected, as not put.
None of the above clauses shall be understood in a sense contrary or restrictive to that stipulated by the mandatory regulations applicable to Montnat in terms of consumer or user protection.
13 - Additional declarations
This merchant agrees not to allow any transaction that is illegal, or that is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: "Sale of alcoholic beverages to minors under 18 years of age"