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WARRANTY AND RETURNS

In general, the Warranty and Repair conditions are common to products purchased through both the MONTJUÏC WATCHES website and their Official Retail Network, which is composed of specialist stores included in the “Retailers” section of the website.

However, there are certain differences, especially in terms of processing, between online purchases and purchases through the Official Retail Network.

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 buckle, dial, crown, buttons, and hands. Additionally, at the discretion of MONTJUÏC and through certain actions such as registering on the website, the USER may have the option of extending the warranty for a longer period than the 24-month standard warranty. In any case, this option to extend the warranty period is always at the discretion of MONTJUÏC, who will decide at their convenience the possibility of extending the warranty or not, the duration of the extended warranty period and the free or paid nature of these optional extensions.

If not specified otherwise, the warranty extensions will be subject to identical Conditions and Limitations as the standard 24-month warranty.

Warranty limitations.

This warranty does not cover any of the following:

1. Failures resulting from damage caused by improper use or lack of care such as, among others and not exclusively, crystal breakage, scratches, impact, crushing, dents, etc.
2. Damages resulting from theft, loss, fire, floods, or any natural disaster.
3. Problems resulting from normal wear and tear.
4. Consumable materials or components that are expected to require periodic replacement during the product’s lifetime, such as the battery, and to a lesser extent, the strap and strap buckle.
5. Defects resulting from aesthetic changes such as, among others and not exclusively, changes in color tone or loss of gloss or finish on the case, strap, buckle, crown, dial, bezel, and hands.
6. Problems resulting from manipulation of the crown or buttons underwater.
7. Water resistance problems resulting from use in subaquatic activities at depths greater than those specified in the product’s characteristics.
8. Problems resulting from interventions or repairs outside of DIVERSO DISTRIBUIDORA WATCH, S.L.’s workshops or the Official Retail Network detailed on the website.
9. Problems resulting from any type of manipulation (part changes, opening of the back cover, battery replacement, etc.) by the user.

Warranty in case of purchase through an Official Retail Network

In this case, the warranty will only be valid when the corresponding warranty card that must include the following fully completed information is presented along with the product:

1. Date of purchase
2. Model
3. Retailer’s name and stamp.

Warranty in case of purchase through the website

To request a warranty repair, an email must be sent to garantias@montjuicwatches.com. This email must include:

1. Customer’s name
2. Date of purchase
3. Reason for the warranty claim
4. If possible, a photo of the problem

The warranty for the offered products will comply with the following articles based on the Royal Legislative Decree 1/2007, of November 16th, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that conform to the contract, responding to them for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Contracts for the sale of products and contracts for the supply of products that are to be produced or manufactured are included within the scope of this title.
2. The provisions of this title shall not apply to products purchased by judicial sale. It shall also not apply to second-hand products purchased at an administrative auction that consumers and users can attend in person.

Article 116. Conformity of products with the contract.

1. Unless proven otherwise, products shall be deemed to be in conformity with the contract if they meet all the requirements set out below, unless any of them are not applicable due to the circumstances of the case:

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 for which products of the same type are ordinarily intended.

c) They are suitable for any special use required by the consumer and user when they have informed the seller of this at the time of entering into the contract, provided that the seller has acknowledged that the product is suitable for such use.

d) They have the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where applicable, public statements about the specific characteristics of the products made by the seller, the producer, or their representative, in particular in advertising or labeling. The seller shall not be bound by such public statements if they can prove that they were unaware of and could not reasonably have been expected to be aware of the statement in question, that the statement had been corrected at the time of entering into the contract, or that the statement could not have influenced the decision to purchase the product.

1. A lack of conformity resulting from incorrect installation of the product shall be equated with a lack of conformity of the product when the installation is included in the sale or supply contract regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
2. There shall be no liability for lack of conformity that the consumer and user knew about or could not reasonably have ignored at the time of entering into the contract, or that is caused by 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 the actions arising from the warranty for hidden defects in the sale.

In any case, the consumer and user shall be entitled, in accordance with civil and commercial legislation, to be compensated for damages and losses arising from lack of conformity.

Article 118. Seller’s Liability and Consumer’s Rights.

The consumer has the right to have the product repaired, replaced, to receive a price reduction, or to terminate the contract, as provided in this section.

Warranty repairs must be made through the same channels as the purchase of the product. This means that products purchased through the Official Sales Points Network must require any warranty repairs from these points. And likewise, products purchased directly on the Website may only request warranty interventions through said Website.

Article 119. Repair and Replacement of the Product.

1. If the product does not conform to the contract, the consumer may choose to demand the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer communicates the chosen option to the seller, both parties must comply with it. This decision by the consumer is without prejudice to the provisions of the following article for cases in which repair or replacement do not succeed in bringing the product into conformity with the contract.

Warranty repair must be requested by completing the data requested in the warranty section on the website or by sending an email to garantias@montjuicwatches.com with their contact information. The PROVIDER reserves the right not to offer the free warranty service if the indicated documents are not presented, or if the information they contain is incomplete or illegible.

Within the warranty period, the PROVIDER undertakes to repair or replace the defective watch (at its discretion) or any of its parts at no additional cost.

This warranty does not cover the transportation costs from the USER to DIVERSO DISTRIBUIDORA WATCH, S.L., but covers the return costs from DIVERSO DISTRIBUIDORA WATCH, S.L. to the USER.

Defective product or wrong order.

In case of a defective product or receiving a wrong order, the customer must contact via email garantias@montjuicwatches.com within a maximum period of 14 days from the receipt of the order and send an image clearly showing the defect to DIVERSO DISTRIBUIDORA WATCH, S.L. to verify that the product is indeed defective or to find a solution in case of a wrong order.

If the product has to be returned to the warehouse, the PROVIDER will bear the shipping costs. At the moment it is received and verified that the product is defective or corresponds to a wrong order, a refund or exchange will be made, at the customer’s discretion. The product must not have been used and must be in its original box with the case and any labels that accompany it.

The method of remediation which imposes costs on the seller that are unreasonable, in comparison with the other, taking into account the value the product would have if there were no lack of conformity, the relevance of the lack of conformity, and whether the alternative remediation method could be carried out without major inconvenience to the consumer.

To determine whether the costs are unreasonable, the costs corresponding to one remediation method must be considerably higher than the costs corresponding to the other remediation method.

Article 120. Legal Regime for Product Repair or Replacement.

The repair and replacement shall be subject to the following rules:

a) They shall be free of charge for the consumer. This shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.

b) They must be carried out within a reasonable time and without undue inconvenience to the consumer, given the nature of the products and the purpose they had for the consumer.

c) The repair suspends the time limits referred to in article 123. The suspension period will begin from the moment the consumer makes the product available to the seller and will end with the delivery of the repaired product to the consumer. During the six months following the delivery of the repaired product, the seller shall be liable for the lack of conformity that led to the repair, and it shall be presumed that it is the same lack of conformity when defects of the same origin as those initially manifested in the product are reproduced.

d) If, after the repair has been completed and the product has been delivered, it still does not conform to the contract, the consumer may demand that the product be replaced, unless this option is disproportionate, a reduction in the price or the termination of the contract under the terms provided for in this chapter.

e) The replacement suspends the time limits 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, shall apply in any event to the replacement product.

f) If the replacement does not bring the product into conformity with the contract, the consumer may demand that the product be repaired, unless this option is disproportionate, a reduction in the price or the termination of the contract under the terms provided for in this chapter.

g) The consumer may not demand a replacement in the case of products that have been customized in any way, such as, but not limited to, when a name or number or any inscription is engraved by DIVERSO DISTRIBUIDORA WATCH, S.L. at the request of the customer/user or by third parties.

Article 121. Reduction of price and termination of the contract.

The reduction of price and termination of the contract shall be at the choice of the consumer when he/she cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable period or without major inconvenience to the consumer. Termination shall not apply when the lack of conformity is of little importance.

Article 122. Criteria for reducing the price.

The reduction in price shall be proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract and the value the product actually delivered had at the time of delivery.

Article 123. Deadlines.

1. The seller shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand products, the seller and the consumer may agree to a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, any lack of 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 lack of conformity.

2. Unless proven otherwise, delivery shall be deemed to have been made on the day indicated on the invoice or purchase receipt, or on the delivery note if this is later.
3. The seller shall be obliged to provide the consumer or user who exercises his/her right to repair or replacement with documentary proof of the delivery of the product, indicating the date of delivery and the lack of 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 proof of the delivery indicating the date of delivery and, where appropriate, the repair carried out.

4. The action to claim compliance with the provisions shall prescribe three years after delivery of the product.
5. The consumer shall inform the seller of any lack of conformity within a period of two months from the date on which they became aware of it. Failure to comply with this deadline shall not result in the loss of the right to the corresponding remedy, although the consumer shall be responsible for any damages or losses actually caused by the delay in communication.
6. Unless proven otherwise, it shall be assumed that the communication from the consumer has taken place within the established period.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and interpreted in accordance with Spanish legislation insofar as they are not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the PROVIDER’s domicile any controversy that may arise from the provision of the products or services covered by these Conditions.