GENERAL CONTRACT CONDITIONS

Version 1.0 / 21-01-2022

These general contracting conditions of the online store are complementary to the General Conditions of Use established in the Legal Notice for all visitors and users of the website.

The seller, responsible and owner of this website is:

• Business name: FORMATGERIES MONTBRÚ, SA
• Registered Office: Av. Del Prat 16. Polígon Industrial El Prat 08180 Moià (BCN)
• NIF: A17063900
• Phone: 938 209 010
• Email: info@montbru.com

Commercial data:

This document establishes the general conditions of the contractual relationship that has the purpose of buying and selling products offered on this site, between FORMATGERIES MONTBRÚ, SA and the natural and/or legal persons (hereinafter, "CONTRACTOR") that express the will to buy said products through the orders placed in the online store of this website.

 These user orders constitute the particular conditions to which these general conditions are associated that the CONTRACTING PARTY accepts prior to the formalization of their order.

The CONTRACTING PARTY is exposed through this same website these conditions, so that they can read, print, file and accept them. These general conditions together with the order of the specific products made by the CONTRACTING PARTY imply the formalization of the sales contract between FORMATGERIES MONTBRÚ, SA and the CONTRACTING PARTY who affirms having read, understood and accepted these conditions.

The CONTRACTING PARTY can always consult these general conditions through this website.

OBJECT OF THE CONTRACT

By these General Conditions of Contract, FORMATGERIES MONTBRÚ, SA undertakes to deliver to the CONTRACTING PARTY the products that he has requested through the website in exchange for a certain price.

By purchasing the products available on this website, the CONTRACTING PARTY declares that:

That he is a person of legal age and with the capacity to contract.

That you have read, understood and accept these General Conditions of Contract.

CONTRACTOR PROFILE

The FORMATGERIES MONTBRÚ, SA online store is aimed at both a professional market and individuals, so in general the precepts established in Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

ALTERATION OF THE GENERAL CONDITIONS

FORMATGERIES MONTBRÚ, SA reserves the right to modify the terms of these General Conditions of Contract, at any time and at our sole discretion.

The most recent version of the General Conditions of Contract is reflected in the version date located at the top of this page. All updates and amendments are effective immediately after the notification, which we can provide by any means, including, among others, the publication of a revised version of these General Conditions of Contract or other notification on the websites of FORMATGERIES MONTBRÚ, SA .

We recommend that you review these General Conditions of Contract often to stay informed of changes that may affect you. Our copies of these General Conditions of Contract stored electronically or otherwise are considered the true, complete, valid, authentic and enforceable copy of the version of these General Conditions of Contract that were in force and displayed on the website at the time the CONTRACTING PARTY acquires the corresponding products.

YOUR USE OF THE WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THESE CHANGES.

 RIGHTS AND OBLIGATIONS OF FORMATGERIES MONTBRÚ

Product delivery

FORMATGERIES MONTBRÚ, SA undertakes to deliver the product in perfect condition to the address indicated by the CONTRACTING PARTY on the order form where the particular conditions attached to these General Conditions appear. 

FORMATGERIES MONTBRÚ, SA will not be responsible for errors caused in the delivery when the data entered by the CONTRACTING PARTY in the order form do not match reality or have been omitted.

The approximate delivery time for each product can be indicated on its file or on the information page on shipping methods and costs.

Exemption from liability of FORMATGERIES MONTBRÚ, SA.

FORMATGERIES MONTBRÚ, SA will in no case be responsible in relation to:

• Errors, delays in access by the CONTRACTING PARTY when entering their data in the order form, slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, FORMATGERIES MONTBRÚ, SA undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTING PARTY to reach a quick and satisfactory solution to the incident.

• Errors or damages caused by inefficient use of the service and in bad faith by the CONTRACTING PARTY. 

• Non-operational or problems in the email address provided by the CONTRACTING PARTY for sending the order confirmation.

• Failures and incidents that may occur in communications, deletion or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational.

• Of the production of any type of damage that the CONTRACTING PARTY or third parties could cause on the website.

FORMATGERIES MONTBRÚ, SA reserves the right to suspend access to the website without prior notice on a discretionary basis and permanently or temporarily until effective liability for damages that may occur is ensured. Likewise, FORMATGERIES MONTBRÚ, SA will collaborate and notify the competent authority of these incidents as soon as it becomes fully aware that the damage caused constitutes any type of illicit activity.

RESPONSIBILITY OF THE CONTRACTOR

In any case, it will be the responsibility of the CONTRACTING PARTY:

• The CONTRACTING PARTY assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available by the third party who, on behalf of FORMATGERIES MONTBRÚ, SA, delivers the requested products. . 

• The CONTRACTING PARTY undertakes to verify the good condition of the Product before the third party who, on behalf of FORMATGERIES MONTBRÚ, SA, delivers the requested Product, indicating at that very moment any anomaly that could be detected in the packaging.

If subsequently, once the content has been reviewed, the CONTRACTING PARTY detects any incident such as a blow, breakage or any damage caused by the shipment, the CONTRACTING PARTY undertakes to notify FORMATGERIES MONTBRÚ, SA within a period not exceeding 2 days from receipt of the product. 

WARRANTY

FORMATGERIES MONTBRÚ, SA guarantees that all Products available for sale on the website comply with international and community standards applicable to product safety.

The products sold by FORMATGERIES MONTBRÚ, SA are covered by a legal guarantee against lack of conformity by virtue of the provisions of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007).

• In accordance with articles 114-124 of the aforementioned General Law for the Defense of Consumers and Users, consumers have, among others, the right to obtain from the seller, and if the legal conditions of the manufacturer are met, the repair or Free replacement of those products that show a lack of conformity, and as long as the lack of conformity existed at the time of delivery of the product.

• Products marketed by FORMATGERIES MONTBRÚ, SA are considered compliant provided that:

a) They conform to the description made by the seller and have 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 destined.

c) They are suitable for any special use required by the consumer and user when they have informed the seller at the time of signing the contract, provided that the latter has admitted that the product is suitable for said use.

FORMATGERIES MONTBRÚ, SA is not obliged to indemnify the CONTRACTING PARTY or third parties for the consequences of the use of the Product, whether direct or indirect damages, accidents suffered by people, damage to goods unrelated to the Product, loss of profit or lost profits, damages that come or come from a deterioration, or loss of data recorded by the end user.

Notwithstanding the foregoing, due to the condition of intermediary of FORMATGERIES MONTBRÚ, SA, the guarantee that covers the Product delivered to the CONTRACTING PARTY is limited to that extended by the supplier. The intervention of FORMATGERIES MONTBRÚ, SA is limited solely to processing with the supplier for the repair or replacement of the Product, provided that the guarantee of the latter provides for such a measure.

Manufacturers may offer a commercial guarantee, the length and duration of which differ according to products and brands. Said guarantees will be exclusively the responsibility of the manufacturer that is obliged to them.

The repair and replacement of the product will be free for consumers (travel, transport, labor, etc.) 

WITHDRAWAL

FORMATGERIES MONTBRÚ, SA recognizes the CONTRACTING PARTY the right of withdrawal for distance purchases in the terms and periods recognized in the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007), in which case FORMATGERIES MONTBRÚ, SA will reimburse to the CONTRACTING PARTY the amount paid for price and applicable taxes, to the account number indicated by the CONTRACTING PARTY.

The right of withdrawal is understood without prejudice to the exceptions to it that the fixed legislation itself. By way of example and not exhaustively, this right may not be exercised in relation to:

• goods that can deteriorate or expire quickly
• Products that have been made according to the specifications of the consumer and user or clearly personalized.
• sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery

The right of withdrawal may be executed in accordance with the following conditions and instructions:

To exercise the right of withdrawal, the CONTRACTOR must notify us of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can also use the withdrawal form model that we can provide you, although its use is not mandatory. 

Said communication must be sent to the postal or electronic address indicated in the seller's identification.

When the CONTRACTING PARTY has exercised the right of withdrawal, FORMATGERIES MONTBRÚ, SA will reimburse all payments received from the CONTRACTING PARTY, including, where appropriate, delivery costs, without undue delay and, in any case, before 14 calendar days have elapsed. from the date on which you were informed of the withdrawal decision

Notwithstanding the provisions of this section, in the event that the CONTRACTING PARTY has expressly selected a delivery method other than the least expensive ordinary delivery method, FORMATGERIES MONTBRÚ, SA will not be obliged to reimburse the additional costs derived from it.

FORMATGERIES MONTBRÚ, SA will make this reimbursement using the same means of payment used by the CONTRACTING PARTY for the initial transaction, unless the CONTRACTING PARTY has expressly provided otherwise and provided that FORMATGERIES MONTBRÚ, SA does not incur any expenses as a result of the refund

FORMATGERIES MONTBRÚ, SA may retain the reimbursement until the goods have been received, or until the CONTRACTING PARTY has presented proof of the return of the goods, depending on which condition is met first.

The direct cost of returning the product (shipping cost) will be assumed by the CONTRACTING PARTY as stated in the LGDCU

PAYMENT CONDITIONS

The CONTRACTING PARTY undertakes to pay in advance the amount for the Product actually requested in the following amount and manner:

Import: 

The remuneration for the Product actually requested by the CONTRACTING PARTY will be that indicated on the website and that which appears in the specific order of the CONTRACTING PARTY at all times, requests that will constitute the particular conditions of the specific order.

The prices of the products that appear on the website do not include VAT, the amount of which will be calculated and informed at the time of placing the order, as appropriate.

To the price that appears on the website for each of the products offered, the relevant shipping costs must be added. FORMATGERIES MONTBRÚ, SA, undertakes to inform the CONTRACTING PARTY of the cost of shipping costs before formalizing the order and in the order confirmation email.

Payment Methods:

The CONTRACTING PARTY must pay the amount corresponding to his order by:

• Credit card: by entering your details in the payment gateway on the website. By accepting this means of payment, the CONTRACTING PARTY confirms that they are authorized to use the card used for this purpose, being the owner thereof. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation. 

PAYMENT OF TAXES

The inclusion and payment of VAT in the invoice, or its possible exemption, will be subject to the provisions of Law 37/1992, of December 28, on Value Added Tax and Royal Decree 1619/2012, of November 30, by which the Regulation is approved by which the invoicing obligations are regulated.

The intra-community acquisition of the goods is subject to the Member State of arrival, in accordance with the criteria established in Directive 2006/112/EC and in the Spanish regulations transposing it.

When the goods must be delivered in a Member State of the European Union other than Spain, the CONTRACTING PARTY must have and have previously communicated to FORMATGERIES MONTBRÚ, SA its intra-community operator number (A17063900) in said Member State if it wishes that the invoice does not include the corresponding VAT.

In the event that the CONTRACTING PARTY indicates that it is subject to an equivalence surcharge, the corresponding VAT plus the equivalence surcharge will be charged separately on the invoice.

PAYMENT OF FEES

The prices indicated for shipping costs do not include import taxes (duties). These will be paid in cash by the receiver of the merchandise when it arrives at its destination.

ELECTRONIC INVOICE

In accordance with Law 56/2007, of December 28, on Measures to Promote the Information Society, electronic invoices may be issued and sent to companies and individuals who agree to receive them or who have expressly requested them.

However, FORMATGERIES MONTBRÚ, SA will only be obliged to issue electronic invoices in the terms provided in the previous paragraph when the contracting has been carried out by electronic means.

The electronic invoice will be issued in a format that is commonly used and readable with any of the current reading programs or web browsers on the market so that the CONTRACTING PARTY can read, copy, download and print it. In the event that the CONTRACTING PARTY does not have the means to do so, FORMATGERIES MONTBRÚ, SA will provide free access to the necessary programs.

At any time, the CONTRACTING PARTY may revoke the consent given to the receipt of electronic invoices by sending an email to info@montbru.com.

COPYRIGHT AND TRADEMARK 

FORMATGERIES MONTBRÚ, SA informs that the contents, programming and design of this website are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited, except with the express consent of FORMATGERIES. MONTBRU, SA.

The trademarks of the products that FORMATGERIES MONTBRÚ, SA sells through the website belong to their legitimate owners. FORMATGERIES MONTBRÚ, SA may establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information thus included may request at any time the removal of the aforementioned references.

CONTRACT LANGUAGE

For all purposes, it is considered that the language of the contract is the one used by the CONTRACTING PARTY at the time of making the purchase.

However, the version in a language other than Spanish of these general contracting conditions will be considered a translation of the original version in Spanish, so that, in the event of any discrepancy between both versions, the Spanish version will be considered to be the original version. predominant. 

DISPUTES AND CLAIMS

The CONTRACTING PARTY may claim through the following email: info@montbru.com

The relationship between the CONTRACTING PARTY and FORMATGERIES MONTBRÚ, SA will be governed by the applicable legislation in Spain. In the case of individual consumers, any dispute or controversy will be submitted to the courts of the jurisdiction in which the client has his habitual residence. In the event that the clients are businessmen or professionals, any dispute or controversy will be submitted to the courts of the city of Barcelona.

 In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, we make available to the CONTRACTING PARTY the following link that allows access to the European Online Dispute Resolution Platform:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

COMPETENT JURISDICTION AND APPLICABLE LAW

The purchasing system is subject to current legislation in Spain. Therefore, the sales operations will be understood to be carried out at the seller's registered office: Av. Del Prat 16. Polígon Industrial El Prat 08180 Moià - Barcelona (Spain)

For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce.

NULLITY OF CLAUSES

In the event that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions.

FORMATGERIES MONTBRÚ, SA may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by FORMATGERIES MONTBRÚ, SA.