Conditions of use and purchase

CONDITIONS OF USE AND PURCHASE

INTRODUCTION

This document establishes the conditions governing the use of this website (www.moniberic.com) and the purchase of products on it. We ask you to carefully read these Conditions, our Cookies Policy and our Privacy Policy (together, the “Data Protection Policies”) before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and with the Data Protection Policies Data, you should not use this website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of execution of each Contract or in the absence of this, at the time of use of the website will be those that are applicable to you.

If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our telephone number 902 11 11 53.

OUR DATA

The sale of items through this website is carried out under the name Moniberic Selección, S.L. with address at C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349 Cabrera de Mar (Barcelona), registered in the Mercantile Registry of Barcelona, Volume 34591, Book, Folio 161, Page 251822, entry 8 and CIF B62876859

YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

Make use of this website only to make legally valid inquiries or orders.
Do not make any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and/or other contact information in a truthful and exact manner. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

SERVICE AVAILABILITY

The items offered through this website are only available for shipment to the countries available in the transportation section.

HOW THE CONTRACT IS FORMALIZED

The information contained in these Conditions and the details contained on this web page do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full.

To place an order, you must follow the online purchase procedure and click on “Continue shopping”. After this, you will receive an email acknowledging receipt of your order (order confirmation). Please note that this does not mean that your order has been accepted, as your order constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we will confirm that the product is being shipped. The contract for the purchase of a product between you and us will only be formalized when we send you the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been ordered until we confirm the shipment of the same in a Shipment Confirmation.

PRODUCT AVAILABILITY

All product orders are subject to product availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order these substitute products, we will refund any amount you may have paid.

REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after sending the Order Confirmation, so we reserve the right to do so at any time.

We will not be liable to you or to any third party for removing any product from this website, removing or modifying any material or content on the website, or for failing to process an order once we have sent you the Confirmation of Order.

DELIVERY

Delivery times

Shipments to Barcelona Province and National: 24-48 hours

International Shipping: 2-7 days

Without prejudice to what is established regarding the availability of the products and, except in extraordinary circumstances, we will try to send the order consisting of the products listed in each Shipping Confirmation before the delivery date that appears in the Shipping Confirmation in question. or, if no delivery date is specified, within the estimated period indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

However, delays may occur for reasons such as product customization, unforeseen circumstances, or delivery area.

Keep in mind, in any case, that we do not make home deliveries on Saturdays, Sundays or local, community or national holidays.

For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquires material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.

NON-DELIVERY

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.

Likewise, we will leave you a note explaining where your order is and how to have it sent to you again. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that 30 days have elapsed since your order was available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw and we will consider it resolved. As a consequence and for speedy resolution, we will refund all payments received from you, including delivery charges (with the exception of additional charges resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the Contract terminated.

Please note that the transport derived from the termination of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs.

TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be borne by you from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery, if this occurs at a later time.

PURCHASE, PRICE AND PAYMENT

When you make the purchase, you declare to be satisfied with the information offered, and you accept the general conditions of purchase at the time of making the same. At the time of validation of the purchase, you will receive a confirmation email. If you do not receive it, contact us by phone 902 11 11 53

In addition, upon receipt of the order, a purchase invoice is attached to it.

The price of the products will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.

We will not be obligated to supply you with any product at the incorrect lower price (even if we have sent you shipping confirmation) if the pricing error is obvious and unambiguous and could reasonably be recognized by you as an incorrect price.

The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.

In the event that the shipment is to other territories that have other fees or taxes associated, the amount and the management will be borne by the customer (for example: customs expenses in the event that the destination country has stipulated this tax).

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation.

Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the details of your order. In addition, it has a detail of all the orders placed in the My Orders section.

You can use as a means of payment:

VISA, MASTERCARD AND AMERICAN EXPRESS CARDS.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, your card will be charged.

By clicking Authorize Payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

Once you finish your purchase through the debit or credit card payment method, we will refer you to the Redsys payment gateway. No card data is stored on our servers, making payments 100% secure. In addition, the payment gateway is protected with the Verified by Visa seal.

PAYPAL
In Moniberic the use of PayPal is free.

Wire transfer:

Payment by transfer may increase the amount of your purchase according to the conditions of your bank.

At the end of the purchase by bank transfer, you will get the account to which to make the transfer.

You can send us a proof of the transfer to the email informacion@moniberic.com to expedite the shipment.

If within 48 hours. the transfer is not made, your order will be automatically deleted

VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT and is understood to be sales to individuals. Therefore, all orders will include VAT, even to the Canary Islands, Ceuta, Melilla and other territories. In cases where VAT is deductible Moniberic Selección S.L. will not manage the VAT refund, it will be the client who will manage the VAT refund by his means according to the current legislation of his territory of residence.

RETURN POLICY

POLICY OF LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE

Right of withdrawal, if you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 7 calendar days without justification.

Returns of products that are not accompanied by their corresponding invoice will not be accepted.

The return of a product will be replaced by another equal or, failing that, by one of a higher amount.

For both shoulders and hams, the minimum weight at the time of return must be 75% of the original weight of the piece and they must always keep the original seal around the shank.

The withdrawal period will expire 7 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in the event that the goods that make up your order are delivered separately, to the 7 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.

To exercise the right of withdrawal, you must notify Moniberic Selección. S.L., to the address, C/ Camí del Mig, 122-124. Polígono Industrial Les Corts, 08349 Cabrera de Mar (Barcelona), by telephone 902 11 11 53 or by writing to us at informacion@moniberic.com your decision to withdraw from the Contract through an unequivocal statement (for example, a letter sent by mail postal or electronic). .

To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without any undue delay and, in any case, no later than 7 calendar days from the date on which we are informed of your decision to withdraw from this Contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.

You must return or deliver the products directly to us at Moniberic Selección, S.L. C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349 Cabrera de Mar (Barcelona), or request the return on our website through a Tipsa courier, without undue delay and, in any case, in a maximum period of 7 calendar days from the date on which you notify us of your decision to withdraw from the Contract. The term will be considered fulfilled if you return the goods before said term has expired.

Unless you return the goods to Moniberic Selección, S.L. C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349 Cabrera de Mar (Barcelona), or through a Tipsa courier organized by us, you must assume the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

CONTRACTUAL RIGHT OF WITHDRAWAL

In addition to the legally recognized right of withdrawal for consumers and users, we grant you a period of 30 days from the shipping confirmation to return the products.

In the event that you return the products within the contractual term of the right of withdrawal, once the legal term has elapsed, you will be refunded only the price paid for such products.

You will be responsible for the direct costs of returning the product when you do not return it to Moniberic Selección, S.L.- C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349, Cabrera de Mar (Barcelona), or when you do not are made via a Tipsa courier arranged by us.

You may exercise your right of withdrawal, although if you inform us of your intention to withdraw from the Contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within a period of 30 days from the shipment confirmation.

COMMON PROVISIONS

You will not have the right to withdraw from the Contract whose object is the supply of any of the following products:

i.Custom items.

ii. Items without their original packaging.

iii. Goods sealed for hygiene reasons that have been unsealed after delivery.

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the / the product(s) while in your possession. Please return the item using or including all its original packaging, instructions and other accompanying documents.

You can make returns at Moniberic Selección, S.L– C/Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349, Cabrera de Mar (Barcelona) or through a Tipsa courier that we will send to your address.

You can return the products to us at Moniberic Selección, S.L, – C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349, Cabrera de Mar (Barcelona). In this case, you must go to the indicated address and deliver, together with the item, the return document that we will provide you, duly completed.

Returns via courier-Tipsa. You must contact us via our website return request so that we can arrange collection from your home. You must deliver the merchandise in the same package that you received it.

In case you do not wish to return the products through any of the available free options, you will be responsible for the return costs. Please note that if you decide to return the items to us postage due, we will be authorized to charge you for the costs that we may incur.

After examining the article, we will notify you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal term and all the items that make up the order in question are returned. The refund will be made as soon as possible and in any case, within a period of 7 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods. The refund will always be made in the same means of payment that you used to pay for the purchase.

You will bear the cost and risk of returning the products to us, as indicated above.

If you have any questions, you can contact us by calling 902 11 11 53

RETURNS IN THE CANARY ISLANDS, CEUTA AND MELILLA

If you wish to change or return a product that has been delivered to the Canary Islands, Ceuta or Melilla, you must contact us at the telephone number 902 11 11 53 to arrange with us or one of our representatives to collect the product by courier or make the return at your own cost.

RETURNS OF DEFECTIVE PRODUCTS

In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately sending us information about the product as well as the damage it suffers by calling the number 902 11 11 53 where we will indicate how to proceed.

In the event that the merchandise arrives with damaged or wet packaging, it will be mandatory to notify the incident on the courier’s delivery note, as well as keep the original box or packaging for subsequent verification. It will be important to provide photos that verify the deterioration of the packaging and the product if this is possible.

You can return the product at Moniberic Selección, S.L – C/ Camí del Mig, 122-124, Polígono Industrial Les Corts, 08349, Cabrera de Mar (Barcelona) or by delivering it to a courier that we will send to your address. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the refund or replacement of the same (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.

The amounts paid for those products that are returned due to a flaw or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item and the costs that you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase.

In any case, the rights recognized by current legislation are protected.

LIABILITY AND RELEASE OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

i. In the event of death or personal injury caused by our negligence

ii. In case of fraud or fraudulent misrepresentation

iii. In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability

Notwithstanding the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any liability for the following losses, regardless of their origin:

i. loss of income or sales

ii. loss of business

iii. loss of profit or loss of contracts

iv. loss of anticipated savings

v. data loss

vi. loss of management time or office hours

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it.

All the descriptions of products, information and materials that appear on this website are provided “as true body” and without express or implicit guarantees on them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in accordance with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that:

(i) conform to the description made by us and possess the qualities that we have presented on this web page

(ii) are suitable for the uses to which products of the same type are ordinarily put and

(iii) present the usual quality and features of a product of the same type that are reasonably expected

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded in relation to consumers and users.

The products we sell can often exhibit the characteristics of the natural raw material used in their manufacture. These characteristics, such as variation in veins, texture and color, will not be considered defects or defects. On the opposite, it will count with your presence and appreciate it. We select only the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

The provisions of this clause will not affect your rights as a consumer and user, nor your right to withdraw from the Contract.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other program or technologically harmful material. You will not try to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically disruptive or damaging program or material that may affect your computer, computer equipment, data or materials as a result of your use of this website or of downloading content from it or to which it redirects.

LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we do not have any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns.

You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you, as a consumer, have recognized by law, nor will they nullify, reduce or limit in any other way the guarantees, both express and implied. , that we could have given him.

EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any breach or delay in the performance of any of the obligations that we assume under a Contract, the cause of which is due to events beyond our reasonable control (Cause of Force Majeure).

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

i. Strikes, lockouts or other industrial action.

ii. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.

iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

iv. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

v. Inability to use public or private telecommunication systems.

vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

vii. Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

It will be understood that our obligations derived from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure.

We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that enables us to perform our obligations under the Contract despite the Force Majeure Event.

RESIGNATION

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of of said

Contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions, nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver on our part of any of these Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned in these Conditions.

Neither you nor we will have any recourse against any untrue statement made by the other party, verbal or written, prior to the date of the Agreement (unless such untrue statement was fraudulently made) and the only recourse available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

OUR RIGHT TO MODIFY THESE TERMS

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each order, except that by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.

APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form. In addition, we have official claim forms available to consumers and users. You can request them by calling 902 11 11 53

Withdrawal form model

You should only complete and send this form if you wish to withdraw from the contract

To the attention of Moniberic Selección, S.L. acting under the trade name Moniberic Selección, S.L.

I hereby notify you that I withdraw from my contract of sale of the following property:

**Ordered on/received on (*):

**Consumer Name:

**Consumer address:

**Signature of consumer (only if this form is submitted on paper)

**Date

(*) Delete as appropriate