GENERAL TERMS AND CONDITIONS OF CONTRACTING
This contractual document shall govern the General Terms and Conditions of contracting products (hereinafter, “Conditions”) through the website https://montjuicwatches.com, owned by DIVERSO DISTRIBUIDORA WATCH SL, under the trade name MONTJUÏC WATCHES, hereinafter, “PROVIDER,” whose contact details are also provided in the Legal Notice of this Website.
These Conditions may be modified at any time. It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders shall apply.
Contracts shall not be subject to any formality except for those expressly indicated in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document implies that the USER: Has read, understands, and comprehends what is stated herein. Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.
These conditions shall have an indefinite validity period and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs that the commerce is responsible and aware of the current legislation of the countries to which it ships the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the PROVIDER of the products contracted by the USER is DIVERSO DISTRIBUIDORA WATCH SL, with registered office at C/ Brasil, 1, Local – 08320 El Masnou (Barcelona), NIF B66834516.
On the other hand, the USER, registered on the website by means of a username and password, shall have full responsibility for their use and custody and shall be responsible for the veracity of the personal data provided to the PROVIDER.
PURPOSE OF THE CONTRACT
This contract aims to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
The USER shall select a username and password, committing to use them diligently and not make them available to third parties, as well as to report any loss or theft to the PROVIDER. The PROVIDER reserves the right to cancel the user account at any time.
Once the user account has been created, it is informed that in accordance with Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will be governed by the following:
- GENERAL CONTRACT CLAUSES.
- ORDER DISPATCH.
- RIGHT OF WITHDRAWAL.
- ONLINE DISPUTE RESOLUTION AND COMPLAINTS.
- FORCE MAJEURE.
- GENERAL TERMS OF THE OFFER.
- PRICE AND TERM OF VALIDITY OF THE OFFER
- PAYMENT METHODS, CHARGES, AND DISCOUNTS
- PURCHASING PROCESS.
- DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT.
- WARRANTIES AND RETURNS.
- APPLICABLE LAW AND JURISDICTION.
- GENERAL CONTRACT CLAUSES
Unless expressly stipulated otherwise in writing, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
- ORDER DISPATCH
The PROVIDER will not send any order until it has verified that payment has been made.
Goods will usually be shipped by EXPRESS COURIER to the destination freely chosen by the USER. The choice of the transport company and type of service will be at the discretion of the PROVIDER.
Non-performance of the distance contract
Delivery dates or periods will be considered approximate, and any delay will not constitute a material breach. In the event that the PROVIDER has not delivered the goods within 30 days from the agreed delivery date (except for pre-sale campaigns, new product launches, etc., where the expected delivery time will be informed) due to unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and receive a full refund without any cost, and without any liability for damages and losses attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER in the full refund, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages and losses suffered in excess of that amount.
The delivery time for orders with delivery in the European Community is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the goods has been confirmed and the full payment of the order has been verified. In the case of shipments outside the European Community, times may vary depending on variables that the PROVIDER cannot control, such as, but not limited to, customs procedures, settlements, and payment of fees and/or taxes by the USER, etc.
The PROVIDER will not assume any responsibility if the delivery of the product or service is not carried out due to false, inaccurate, or incomplete data provided by the USER.
Delivery will be considered completed at the moment when the carrier has made the products available to the USER, and the USER or their representative has signed the delivery receipt document.
It is the USER’s responsibility to check the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to return and/or claim any possible defects or flaws in the product, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27th). Unless the return is due to defects in the product, the costs related to shipping will be assumed by the USER. The product must be returned in its original packaging, with all seals and labels, unused, not activated, and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
- If the product is not in perfect condition, with all seals and labels, unused, not activated.
- If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to the product is prohibited.
- When the product is open and it cannot be demonstrated that it has not been used.
- When they are customized products or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014 of March 27th.
- In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
- In the supply of products made to the USER’s specifications or clearly customized.
Any return must be communicated in advance to the PROVIDER, using the form provided for this purpose, or by email to firstname.lastname@example.org, indicating the corresponding invoice or order number and, in the case of returns due to shipping errors or transport damages, also including a photo of the product sent in error or the damages it presents.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the shipping costs at their own expense, to the address of DIVERSO DISTRIBUIDORA WATCH SL, C/ Brasil, 1, Local – 08320 El Masnou (Barcelona).
- ONLINE DISPUTE RESOLUTION AND COMPLAINTS
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following addresses and contact details:
Postal Address: DIVERSO DISTRIBUIDORA WATCH SL, C/ Brasil, 1, Local – 08320 El Masnou (Barcelona) Phone: +34.646.641.680
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without resorting to the courts of justice, by means of the intervention of a third party called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
Neither party shall be liable for any failure due to force majeure. The performance of the obligation will be delayed until the case of force majeure ceases.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is considered void or impossible to perform, the validity, legality and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
- GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these Conditions.
No modification, alteration or agreement contrary to the PROVIDER’s Commercial Proposal or to what is stipulated here shall have effect, except for an express written agreement signed by the PROVIDER, in which case these specific agreements shall prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also be valid in case the possibility of supplying the offered products is affected for any reason.
- PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise and communicated to the USER, these prices include shipping, handling, packaging, shipping insurance, or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in Euros. The USER acknowledges that the economic valuation of some products may vary in real-time.
Before making the purchase, the USER can check online all the details of the budget: items, quantities, price, transport costs, charges, discounts, taxes, and the total purchase price. Prices may change daily until the order is placed. The PROVIDER may periodically offer discount codes to the USER. Such discounts can only be applied according to the instructions specified by the PROVIDER with respect to each code, and in any case, the USER can only use a single code per order. The use of discount codes is not compatible with certain promotional actions and collections.
Once the order is placed, prices will remain the same whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the Legal Entity that has been provided at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF and with consent (art. 63.3 RD 1/2007) to the email address provided by the USER.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number +34.646.641.680 or via email at email@example.com.
All prices shown on the official Montjuïc Watches website, at www.montjuicwatches.com/, include VAT in Spain in accordance with current legislation. If the order is to be shipped to a delivery address outside the European Union, please note that the VAT applicable in Spain at the time of purchase will be deducted when making the purchase.
If the order is to be shipped to a delivery address outside the EU, it may be subject to import duties and taxes, which must be paid when the shipment arrives at the delivery address. The USER will be responsible for paying these amounts corresponding to import duties and taxes. The PROVIDER has no control over these surcharges, and since they vary depending on the country, it is impossible for the PROVIDER to predict their amount, so it is recommended that the USER obtain more information from the Customs Service.
- PAYMENT METHODS, CHARGES, AND DISCOUNTS
The SERVICE PROVIDER offers the following payment methods to place an order: bank transfer, credit or debit card, and Paypal. Other payment methods may be added later, which will be notified on the official Montjuïc watches website.
The website uses generally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, in order to prevent unauthorized access to data. To achieve these goals, the USER agrees that the SERVICE PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The SERVICE PROVIDER agrees not to allow any transaction that is or may be considered illegal by credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.
- PURCHASING PROCESS
Any product from our catalog can be added to the shopping cart. The shopping cart shows only the items, quantity, price, and total amount. Once the shopping cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping information provided.
Shopping carts have no administrative connection, they are just a section where a budget can be simulated without any commitment from both parties.
From the shopping cart, an order can be placed by following the following steps for its correct formalization:
- Verification of billing information.
- Verification of shipping address.
- Selection of payment method.
- Place the order (buy).
Once the order is processed, the system will instantly send an email to the SERVICE PROVIDER’s management department and another to the USER’s email confirming the order.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
- DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The SERVICE PROVIDER may suspend or terminate the USER’s access to its services and training, in whole or in part, without prior notice for any valid reason, including, without limitation, when the USER fails to comply or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policies.
When the SERVICE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the SERVICE PROVIDER.
- WARRANTIES AND RETURNS
The Warranty and Repair conditions are common to the products purchased both through the MONTJUÏC WATCHES Website and through its Official Points of Sale Network, which is composed of specialist establishments included in the “Points of Sale” section of the Website.
Content and duration of the warranty
MONTJUÏC watches are covered by a limited warranty against any manufacturing defects for a period of 24 months from the date of purchase. Manufacturing defects include the watch movement, crystal, strap, strap clasp, indices, dial, crown, buttons, and hands. Additionally, optionally, at the discretion of the PROVIDER and through determined actions such as, for example, registration on the Website, the USER may have available warranty extensions for periods exceeding the aforementioned 24 months. In any case, this option to extend the warranty period is at the discretion of the PROVIDER who will decide at their convenience:
- the possibility or not of extending the warranty.
- the period of time for which the warranty is extended.
- the gratuitousness or not of these optional extensions.
If not specified otherwise, the warranty extensions will be governed by identical Conditions and Limitations as the standard 24-month warranty.
This warranty does not cover any of the following cases:
- Failures resulting from damage caused by improper use or lack of care such as, among others and not exclusively, glass breakage, scratches, impacts, crushing, dents, etc.
- Damage resulting from theft, loss, fire, floods, or any natural disaster.
- Problems resulting from normal wear and tear.
- Consumable material or components that are expected to need periodic replacement or not during the product’s life such as, for example and not exclusively, the battery and to a lesser extent the strap and strap clasp.
- Defects resulting from aesthetic changes such as, among others and not exclusively, changes in color tone or loss of shine or finish in the case, strap, clasp, crown, dial, bezel, and hands.
- Problems resulting from manipulation of the crown or buttons underwater.
- Waterproofing problems resulting from use in underwater activities at depths greater than those detailed in the product characteristics.
- Problems resulting from interventions or repairs outside the PROVIDER’s workshops or the Official Sales Points Network detailed on the Website.
- Problems resulting from manipulations of any kind (part replacements, opening of the back cover, battery replacements, etc.) by the user.
Warranty for purchases from an Official Sales Point
In this case, the warranty will be valid only when the corresponding warranty card, which must include the following information properly filled out, is presented at a Sales Point:
- Purchase date
- Distributor’s name and stamp.
Warranty for purchases through the Website
To request a warranty repair, an email must be sent to firstname.lastname@example.org including the following information:
- Customer’s name
- Purchase date
- Reason for the warranty request
- If possible, a photo of the problem.
The warranty for the products offered will comply with the following articles based on the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Legislative Royal Decree 1/2007, of November 16:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that conform to the contract, being responsible for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
- The contracts of sale of products and contracts of supply of products to be produced or manufactured are included within the scope of this title.
- The provisions of this title shall not apply to products acquired through judicial sale. Nor shall it apply to second-hand products acquired at an administrative auction that consumers and users may attend in person.
Article 116. Conformity of products with the contract.
- Unless proven otherwise, it shall be understood that the products conform to the contract as long as they meet all the requirements expressed below, unless, due to the circumstances of the case, any of them is not applicable:
- a) They conform to the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
- b) They are suitable for the uses to which products of the same type are ordinarily intended.
- c) They are suitable for any special use required by the consumer and user when he has informed the seller of it at the time of the conclusion of the contract, provided that the seller has admitted that the product is suitable for such use.
- d) They exhibit the usual quality and performance of a product of the same type that the consumer and user may reasonably expect, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products made by the seller, the manufacturer, or their representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if he proves that he was unaware of and could not reasonably be expected to have known the statement in question, that the statement had been corrected at the time of the conclusion of the contract, or that the statement could not have influenced the decision to purchase the product.
- The lack of conformity resulting from an incorrect installation of the product shall be equated with the lack of conformity of the product when the installation is included in the contracts of sale or supply regulated in Article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
- There shall be no liability for lack of conformity that the consumer and user knew or could not reasonably have ignored at the time of the conclusion of the contract or that has its origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions provided for in this title shall be incompatible with the exercise of actions arising from the warranty against hidden defects in the sale.
In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from lack of conformity.
Article 118. Seller’s liability and consumer and user rights.
The consumer and user has the right to repair, replacement, price reduction, or termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
- If the product is not in conformity with the contract, the consumer may choose to demand either the repair or the replacement of the product, unless one of these options is objectively impossible or disproportionate. From the moment that the consumer communicates the chosen option to the seller, both parties must adhere to it. This decision by the consumer is without prejudice to the provisions of the following article for cases in which repair or replacement fail to bring the product into conformity with the contract.
Within the warranty period, the seller agrees to repair or replace the defective watch (at their discretion) or any of its parts without additional cost.
This warranty does not cover the expenses of transportation from the consumer to the seller, but it does cover the expenses of the return from the seller to the consumer.
Defective product or incorrect order
In the event of a defective product or an incorrect order, you must contact us via email at email@example.com within 14 days of receiving the order and send an image clearly showing the defect in order to verify that the product is truly defective or to quickly solve the issue in case of an incorrect order.
If the product needs to be returned to the warehouse, the PROVIDER will be responsible for the shipping costs. As soon as the defective product is received and verified or it is confirmed that an incorrect order has been sent, the customer will receive a refund or exchange, at the customer’s discretion. The product must not have been used and must be in its original box with the sleeve and any accompanying labels.
The method of rectification will be considered disproportionate if, in comparison with the other method, it imposes on the seller costs that are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity, and if the alternative method of rectification could be carried out without major inconvenience to the consumer.
To determine if the costs are not reasonable, the expenses corresponding to one method of rectification must be considerably higher than those corresponding to the other method.
Article 120. Legal regime for repair or replacement of the product.
The repair and replacement will be subject to the following rules:
- a) They will be free for the consumer. Such gratuity will include the necessary expenses incurred to rectify any lack of conformity in the products with the contract, especially shipping expenses, as well as costs related to labor and materials.
- b) They must be carried out within a reasonable time and without major inconvenience to the consumer, taking into account the nature of the products and their purpose for the consumer.
- c) The repair suspends the calculation of the timeframes referred to in article 123. The period of suspension will begin when the consumer makes the product available to the seller and will conclude with the delivery of the repaired product to the consumer. For six months after the delivery of the repaired product, the seller will be responsible for any lack of conformity that motivated the repair, with it being presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
- d) If, after the repair and delivery of the product, it remains non-conforming with the contract, the consumer may demand the replacement of the product, unless this option is disproportionate, the reduction of the price, or the termination of the contract as provided in this chapter.
- e) The replacement suspends the timeframes referred to in article 123 from the exercise of the option by the consumer until the delivery of the new product. The provisions of article 123.1, second paragraph, will apply in any case to the replacement product.
- f) If the replacement fails to conform the product to the contract, the consumer may demand the repair of the product, unless this option is disproportionate, the reduction of the price, or the termination of the contract as provided in this chapter.
- g) The consumer may not demand replacement in the case of products that have been personalized in any way, such as when a name or number or any inscription is engraved by DIVERSO DISTRIBUIDORA WATCH, S.L. at the request of the client/user or by third parties
Article 121. Price reduction and contract resolution.
Price reduction and contract resolution shall be at the choice of the consumer when they cannot demand repair or replacement, or when repair or replacement has not been carried out within a reasonable period or without significant inconvenience to the consumer. Resolution shall not apply when the lack of conformity is of little importance.
Article 122. Criteria for price reduction. The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery had it been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.
Article 123. Deadlines.
- The seller shall be liable for non-conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, non-conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, shall be presumed to have existed at the time of delivery, except when this presumption is incompatible with the nature of the product or the nature of the non-conformity.
- Unless proven otherwise, delivery shall be deemed to have been made on the day indicated on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
- The seller shall be obliged to provide the consumer or user who exercises their right to repair or replacement with documentary evidence of the delivery of the product, indicating the date of delivery and the non-conformity that gives rise to the exercise of the right.
Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary evidence of the delivery, indicating the date of delivery and, where applicable, the repair carried out.
- The action to claim compliance with the provisions shall be time-barred three years from the delivery of the product.
- The consumer and user must inform the seller of the non-conformity within a period of two months from the time when they became aware of it. Failure to comply with this deadline shall not result in the loss of the right to the relevant remedy, although the consumer and user shall be liable for any damages or losses actually caused by the delay in the communication.
Unless proven otherwise, it shall be deemed that the communication from the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible or constitutes an excessive burden for the consumer and user to address the seller for non-conformity of the products with the contract, they may directly claim from the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the fact that the liability of the producer ceases, for the purposes of this Title, under the same deadlines and conditions as those established for the seller, the producer shall be liable for non-conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the regulations governing them.
The person who has responded to the consumer and user shall have a period of one year to repeat the action against the person responsible for the non-conformity. This period shall be computed from the moment when the remedy was completed.
This website has the SSL security protocol, which guarantees the integrity and confidentiality of the information provided. In addition, the name of the store, as well as the reference and amount of the order, appear on it. In this way, the USER can verify that what they have requested on the store’s website corresponds to what they are going to pay through the bank’s website. The buyer places the order on the seller’s website (virtual store). Subsequently, payment by credit card is made through the REDSYS platform provided by the seller’s bank, and the buyer will be asked for the number and expiration date of their credit or debit card. This is called a Virtual POS.
At all times, transactions will be encrypted with the SSL security protocol. Additionally, since April 2002, you can increase security when paying for your orders on secure online shops through the Internet. In these shops, in addition to your card number and expiration date, if you are paying with a Visa or Mastercard, you will be asked for a special exclusive use password.
- APPLICABLE LAW AND JURISDICTION
These conditions will be governed and interpreted in accordance with Spanish legislation in those matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the PROVIDER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.