TERMS & CONDITIONS
www.maians.es

1. GENERAL PROVISIONS

By accepting this maians.es online order form you hereby accept these General Sales Conditions (hereinafter referred to as “GSC”) and will fully accept such GSC which shall apply to the order made and declare expressly to have accepted all specific conditions hereby set forth without any reservation whatsoever. The present GSC shall regulate the contractual relations between Monta Mundo S.L. (hereinafter referred to as “Monta Mundo”) and you, in your condition of client, the two parties accepting them without reservation. These GSC supersede all other conditions appearing in any other document, except for prior expressly written amendments. Monta Mundo S.L. is a limited liability Spanish company which has its domicile at Barcelona, Carrer de Llull number 38-52, is provided with Spanish Tax Identification Number (N.I.F.) B-63762827 and is registered in Barcelona’s Mercantile Registry on Volume (Tomo) number 37528, Sheet (Folio) number 162 and Sheet (Hoja) number B302515

2.ORDER ACCEPTANCE

Within the twenty four hours (24) following the moment of reception by Monta Mundo of the on-line order, the client may, by means of expressly written notice, reject such on-line order. This written rejection must come in the form of an email to contact@maians.es. In the absence of such a rejection, the order shall be deemed as accepted and it is understood that a Purchase Agreement has been entered into between the Client and Monta Mundo. Within the following 2 hours after receiving the client’s order Monta Mundo will send a confirmation email to the client in order to prove that they have both entered a purchase agreement and shall keep evidence of such process. Once the Purchase Agreement has been entered into, and without prejudice to the right of withdrawal foreseen in condition 5 of these GCS, order cancellation or delay in delivery of products will no longer be possible unless an event which involves Force Majeure or similar Act of God makes it impossible to act in accordance with what hereby is agreed. It is understood that from that moment GSC will be binding for the Client and Monta Mundo.

3.PRODUCT DELIVERY AND PRICE

Monta Mundo´s products shall be delivered via our UPS, Fed Ex, or another agency accounts at the premises indicated by the Client in the order form. Prices shall be expressed in Euros and will be charged by means of an invoice that will be delivered at the time each order is shipped to the Client. The Start ship and End ship terms that are included in the order form are, respectively, the first and the last day in which the Client wants shipment to start, after having taken into account the below-mentioned order shipment time. The order shipment time is generally, for ordinary deliveries, between 2 to 3 days anywhere within continental Spain and 5 to 7 days anywhere of non-continental Spain and elsewhere in Europe; and for urgent deliveries, 2 to 3 days.. Prices are understood to be VAT free when applicable and free of any other taxes or due payments that will run on the clients account.

4.PAYMENT

The price invoiced to the Client is the price of the on-line order form after order acceptance plus VAT, delivery charges,
other taxes and shipment and less discounts and will be prepaid prior to product shipment via wire transfer or credit card payments for the cost of the product/s.

5.PRODUCT CHECKING, CLAIMS AND EXCHANGE

5.1. PRODUCT CHECKING
It is the Client’s responsibility to check the products immediately upon reception, in accordance with the delivery terms and conditions set forth above.

5.2. LEGAL RIGHT OF WITHDRAWAL OF THE PURCHASE
The Client will be entitled to withdraw from the purchase agreement within fourteen calendar days since receipt of the product without any need to give reason and without any type of penalty.
For the exercise of the mentioned right of withdrawal, the client must notify its decision to withdraw from the purchase agreement by means of a clear statement sent by electronic mail to contact@maians.es or by post to the address C/Llull 48-52, 5-3, 08005 Barcelona. To such extent, the client may use the standard form of withdraw that is enclosed as Annex to the present GCS.
To comply with the withdrawal deadline, the notification in which the client exercises its right to withdrawal simply needs to be sent before the corresponding deadline expires.
In the event of withdrawal according to this condition, Monta Mundo will refund the client with all the payments received from such client in respect of the purchase to be withdrawn, (including the delivery expenses corresponding to the least expensive ordinary delivery offered) and in all cases within fourteen days of the date on which Monta Mundo receives the referred communication to withdraw from the purchase agreement. Monta Mundo will process said refund using the same payment method used by the client in the initial transaction unless another method of payment is agreed. Notwithstanding this, Monta Mundo may withhold the refund until the products have been received, or until the client has presented evidence of their return, whichever condition occurs first.
The client must return the product, at its own expense, by its delivery in the office located in C/ Llull 48-52 5-3, Barcelona. Monta Mundo will not refund any amount if the product has been used beyond simply the opening, if the product is not returned in the same conditions as when delivered, if it is damaged or if the product is not returned using and including the same wrappings, instructions and any other document that was provided with the product.

5.3. OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights regulated in condition 5.2 above. Monta Mundo provides its clients with the following voluntary returns guarantee:
Products purchased and delivered within the Spanish territory may be returned by the client within thirty days following the receipt of the Product without any type of justification. Therefore, in the event the client is not fully satisfied with the product and desires the reimbursement or the replacement of the product, Monta Mundo guarantees the refund of the amount paid for the product or the delivery of one free replacement to be applicable on each product the client purchases, once the Client has returned the product.
If the client returns the products within the abovementioned period of thirty days but when the legal term of fourteen days has been elapsed, the costs for returning the products will be borned by the client and Monta Mundo will only refund the amount paid for such products (this is, excluding delivery costs, etc.)
No refunding or replacement will be made by Monta Mundo if the product has been used beyond simply the opening, if the product is not returned in the same conditions as when delivered, if it is damaged or if the product is not returned using and including the same wrappings, instructions and any other document that was provided with the product.
Refund of products or delivery of any replacement shall be made after Monta Mundo ensures that the returned Product meets the circumstances required for such return.

6.CONTACT DETAILS

The client may contact Monta Mundo addressing to the following email address and/or telephone number: Tel: +34 93 300 39 83 Email: contact@maians.es

7. NULLITY-FORCE MAJEURE-APPLICABLE LAW

If any of these GSC is declared to be unenforceable or null and void for any reason whatsoever, such nullity shall not affect the enforceability or validity of the other GSC, and the null or unenforceable provision shall be replaced by one that is as comparable as possible. Neither Monta Mundo. nor the client may be held liable for breach of contract resulting from an instance of force majeure beyond its control. The client accepts that both the use of the web site maians.es as well as the purchase of products through such web site will be governed by Spanish law. Any dispute arising from, or related to, the web site or such purchase agreements shall be subject to the non-exclusive jurisdiction of the Irish Spanish courts. The aforementioned does not limit the application of any peremptory regulation that could be applicable.

8. PRIVACY POLICY

A) Protection of personal data
Monta Mundo commits itself to comply with the legislation in force regarding automated data processing and, in particular, Organic Law 15/1999 on the Protection of Personal Data dated 13th December (hereinafter “LPD”). Through the privacy policy below, Monta Mundo thus informs its clients of the following measures:
(i) The collection and automated processing of personal data by Monta Mundo aims at provide all the services offered through the web site www.maians.es.
(ii) Personal data provided by the client will be incorporated into an automatic database duly declared and registered before the Data Protection Spanish Agency, property of Monta Mundo. Such registration may be consulted at the web site https://www.agpd.es.
(iii) Monta Mundo has adopted security measures appropriate to the personal data provided and it has installed technical means and measures in order to prevent the loss, misuse, alteration, non-authorized access and theft of the same.
Monta Mundo informs its Clients that they may exercise their rights to access, rectification, cancellation and opposition directly through the web page (under the section “my profile”).
a.1.) Client Registration Forms
Upon filling up the application for registration, each registrant accepts and authorizes Monta Mundo’s use and processing of the personal data furnished and generated by the program, as well as to enable it to offer customized products and services and improve commercial relations with our clients. And the client also agrees and provides its consent to its data being distributed to Monta Mundo’sGroup companies, those in the fashion distribution sector, in Spain and abroad, aiming to provide the best possible service to the client and providing him/her with all the information, both on paper and electronically, relating to our products and services as well as franchise and third-party companies connected to the fashion distribution sector and sale and promotion companies. In accordance with the LPD a personal datafile has been created, which includes all the information necessary for the operation of the program. Monta Mundo guarantees that it has put in place the necessary measures to guarantee the confidential use of that information. If you do not agree with the use or transfer of your personal data, please contact in writing Monta Mundo’s Customer Support Service, which is responsible for and manages the files, at the address indicated above, where you may also exercise your right to access, amendment, cancellation and opposition.
a.2.) On-line order
On filling up the On-line order form, each registrant accepts and authorizes Monta Mundo’s use and processing of the personal data thereby furnished for the purpose of proceeding with the requested order, offering customized products and services and improving commercial relations with our clients, as well as the cession of the said data to the companies making up the Monta Mundo Group and its associates, for the purposes detailed above. Likewise, the client making an order is informed that its personal and order data shall be assigned to the companies that will have to intervene on the management of the order, independently of the country in which the said companies may be incorporated, with the possibility of international data transfers, for the exclusive end of managing the order and assuring its execution.

a.3.) Registration in the Offers and Promotions Distribution List
The Monta Mundo Group hereby informs you that your e-mail address will be included in an automated file (distribution list) for the purpose of providing you information on our news and offers by e-mail. When accepting these GCS you are accepting and providing your consent to such use of your email address provided through the registration form.

a.4.) Live Chat.

MONTA MUNDO guarantees that it will handle your personal data confidentially, and that the server on which these are stored and handled is equipped with the security measures established by Spanish standards in relation to data protection.
B) Confidentiality
Monta Mundo will not reveal your personal data to any other third party, except for those parties specified in the preceding sections and with the purposes indicated. MONTA MUNDO guarantees that it will handle your personal data confidentially, and that the server on which these are stored and handled is equipped with the security measures established by Spanish standards in relation to data protection.
C) Use of Cookies
Part of Monta Mundo‘s customizable services employ cookies. Monta Mundo and third-party vendors, including Google, use Google cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how Monta Mundo ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Monta Mundo’ site. Monta Mundo uses data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics for marketing purposes.
Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings of their Google+ account
A cookie is a very small text file that a web server may keep in the hard disk of a computer to store information about users. It can only be read by the website that sent it to the computer. Normally, websites use cookies to obtain statistical information about their web pages and to analyze the behavior of their clients. A cookie is not an executable file. It can neither propagate nor contain a virus, nor may it be longer than 4,000 characters. Monta Mundo may likewise register your IP addresses to diagnose any problem with our server, to administer our web page and to analyze user tendencies.
Copyright © Monta Mundo S.L., C/Llull 48-52, 5-3, 08005 Barcelona, Spain, Tel.:+34 93 300 39 83; Fax.:+34 93 300 65 52 inscrita en el Registro Mercantil de Barcelona, tomo 37528, folio 162, hoja B 302515, inscripción