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- General Contracting Conditions
- Particular Conditions of Sale of eBooks
I. GENERAL CONTRACTING CONDITIONS
1) PURPOSE AND SCOPE OF APPLICATION
The present General Contracting Conditions are intended to regulate the relationship between Mencía Gastronomía SL (hereinafter "THE COMPANY") and you (hereinafter "the Client"), relating to all transactions carried out through the website www.libreriagastronomica.com (hereinafter "the Web"), domain owned by THE COMPANY, a legally constituted company, with registered office at Paseo de la Castellana nº 40 Planta 8 28006 - Madrid - Spain, with NIF number B65644478.
For any questions, you can contact us at the e-mail address infoweb@montagud.com .
The online contracting of the products and / or services offered by THE COMPANY through this website will be subject to the provisions of these General Contracting Conditions.
2) ACCEPTANCE AND PROOF OF ACCEPTANCE
The acquisition of the products and / or services must be done through the activation of the PAY or BUY buttons that appear at the bottom of the page of the purchase requests, and express the total acceptance of each and every one of the Conditions of Contract such and as shown on THE COMPANY's website prior to the purchase of the products / contracting of the services, without the application of any new developments that may occur in the clause of the Contracting Conditions afterwards.
From the moment of acceptance, the user acquires the status of Client of THE COMPANY that is described in these General Contracting Conditions. Any product or service offered subsequently by THE COMPANY must be the subject of a new contract.
If the Client wishes to read the Contracting Conditions more carefully, he can print on paper or save the document in electronic format.
THE COMPANY will send the Client, once they have expressly accepted these Contract Conditions, justification of the contract made, with all its terms, via email before the 72 hours of purchase are completed.
THE COMPANY informs you that for legal reasons it files the electronic documents in which the purchases are formalized, to which you can access said documents at any time, requesting it from our Customer Service.
3) PRICES, METHOD OF PAYMENT, DELIVERY AND WITHDRAWAL
3.1 Prices
The prices applicable to each product and / or service are those indicated on the website on the date of the order including, where appropriate, all of them VAT (Value Added Tax).
However, in accordance with the provisions of Law 37/1992, of December 28, regulating this tax, the operation may be exempt or not subject to it depending on the country of residence of the buyer and the condition in which it operates the same (businessman / professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.
In shipments made to countries not belonging to the European Union, THE COMPANY will not assume the expenses corresponding to taxes and customs duties of each country.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the offer price.
THE COMPANY reserves the right to make any changes it deems appropriate on the Web, at any time and without prior notice, being able to update products and services depending on the market.
The shipping costs that appear on the website when ordering are approximate and are calculated based on an average statistical weight per book (560 grams). THE COMPANY reserves the right to alter the shipping costs when the weight of the requested books varies by plus / minus 10% with respect to the mentioned average weight. In these cases THE COMPANY will communicate the variation by email to the Client and the Client must confirm THE COMPANY, also by email, that it maintains its interest in placing the order, so that THE COMPANY can process it.
Shipping costs and their corresponding VAT are always indicated in the order.
3.2 Payment method
Purchases, depending on the products to be purchased, can be paid through the means listed below:
- PayPal
- Card (Visa, Master Card or American Express): Available for all countries.
- Bank transfer: Available for all countries. We will send you an email or an SMS to indicate the amount of the transfer and the data to complete it. Available for the purchase of all our products.
3.3 Delivery
Orders are sent to the delivery address that the Customer indicates, within approximately 3 working days for deliveries in the Iberian Peninsula and 20 working days for abroad. Orders containing any type of subscription will be delivered within an approximate period of 3 to 20 working days for deliveries in the Iberian Peninsula and 30 working days for the foreigner counting from the departure of the first number corresponding to the purchased subscription.
The COMPANY sends orders to its clients through different urgent transport companies of recognized national and international prestige, as well as through the State Postal Service. The delivery date at the Customer's address depends on the availability of the chosen product and the shipping area. Before confirming your order, you will be informed of the approximate transport times. However, these terms may vary depending on the specific circumstances of each order. In particular, the transport times can be altered by extraordinary incidents in the carrier and by difficulties in the delivery of the merchandise.
In any case, if the Client does not receive the order within the maximum legal period of 30 days from the contract, he can contact THE COMPANY through the Customer Service email address of this website infoweb@montagud.com or from the Customer Service telephone number +34 933 182 082 from Montagud.
3.4 Withdrawal
The Client will have a period of 14 calendar days from the receipt of the good or from the conclusion of the contract in the case of services or the supply of digital content that is not provided on a material medium, to terminate the contract.
THE COMPANY guarantees the Customer the possibility of canceling their order at any time and at no cost provided that the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise you must wait to receive the order to exercise the right of withdrawal.
The right of withdrawal will not proceed in the following cases, as well as in the other exceptions provided for in article 103 of Law 3/2014:
- In the case of the provision of services, once the service has been fully executed by THE COMPANY, the Client expresses his express consent to lose his right of withdrawal.
- In the supply of goods made according to the Customer's specifications or clearly personalized.
- In the case of sound recordings or sealed videos or sealed computer programs that have been unsealed by the Customer after delivery.
- In the case of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- In the case of digital content (ebooks, movies, etc.) that is not provided on a material medium when the Client has started downloading. In this case, the start of said download will mean for the Client the loss of the right of withdrawal.
To exercise the right of withdrawal, you must notify THE COMPANY, Calle Zaragoza, 49 08006 Barcelona - Spain and email infoweb@montagud.com your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail postcard or email).
You can use, if you wish, the model withdrawal form that can be downloaded here although its use is not mandatory.
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs without any undue delay and, in any case, no later than 14 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, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the refund.
In any case, in the event that the Client has expressly selected a delivery method different from the least expensive mode of ordinary delivery, THE COMPANY will not reimburse the additional costs derived therefrom.
The returned order must be delivered together with the delivery note and, where appropriate, the invoice issued by THE COMPANY, with the Customer running the return costs. The Client may return any item purchased from THE COMPANY as long as the products retain their seal and the manuals, accessories or promotional gifts included in their case. The Client will only be responsible for the decrease in value of the goods resulting from their manipulation other than that necessary to establish their nature, characteristics or operation.
The Customer may also return the product at the COMPANY's physical bookstore at Calle Zaragoza, 49 08006 Barcelona - Spain, also presenting the delivery note and, where appropriate, the invoice issued by THE COMPANY.
If a product other than the one requested by the client were delivered by mistake of THE COMPANY, the correct product will be delivered, picking up the first one, without any additional charge for the Client.
If a product has reached the customer broken, damaged or in poor condition, THE COMPANY will take charge of picking it up at your home, replacing it with another in good condition, without additional charges.
For any claim or query you can contact THE COMPANY through the email address of Customer Service on this website, infoweb@montagud.com or the Customer Service phone number +34 933 182 082 .
4) PROCEDURES TO CELEBRATE THE CONTRACT
For the acquisition of the products and / or services offered on the Web, it is exclusively required to fill out the purchase form (request) with personal data and payment details.
Upon receipt of a purchase request, THE COMPANY will immediately send an order confirmation to the email address indicated in the purchase request within 24 hours of the purchase request.
5) LANGUAGE
The language in which the contract between THE COMPANY and the Client will be perfected is Spanish.
6) LEGAL WARRANTY AND COMPANY RESPONSIBILITIES
The products are covered by a two-year legal guarantee against lack of conformity by virtue of the provisions of the General Law for the Defense of Consumers and Users (Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16). By virtue of said Law, the consumer has the right to claim against the seller, in case of any lack of conformity that exists at the time of delivery of the good in the terms and conditions established therein.
If the lack of conformity of the product is manifested during the first six months, it is understood that the failure already existed when the product was delivered, unless proven otherwise or when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
If the lack of conformity manifests itself after those first six months, it will be up to the Client to demonstrate that the defect is of origin so that it is covered by the legal guarantee.
The Client has the obligation to report possible defects and non-conformity within 2 (two) months of its detection.
In the event of a defect in conformity, we will proceed, at our expense, to reestablish the conformity of the product by repairing / replacing or reducing the price, as established by current legal provisions.
Warranty assistance requires the prior presentation of the purchase invoice.
You have a customer service and after-sales service. For any clarification, incidence or claim, or any communication that is necessary, you should contact the Customer Service by written communication addressed to THE COMPANY's Customer Service Department located at Calle Zaragoza, 49 08006 Barcelona - Spain, or by mail email to the Customer Service email address of this website infoweb@montagud.com or via the Customer Service phone number +34 933 182 082 .
THE COMPANY guarantees the quality of the service contracted through the website www.libreriagastronomica.com
All the rights that the laws in force guarantee to consumers and users are guaranteed.
Failure to comply with any of the Contract Conditions may lead to the return of the products or the cancellation of the services purchased by the Client.
7) CUSTOMER RESPONSIBILITIES
The Client is obliged to make a lawful use of the services, without contravening the current legislation, nor injuring the rights and interests of third parties.
The Client guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding the loss of THE COMPANY as a result of their incorrectness.
Failure to comply with any of the Contracting Conditions may give rise to the withdrawal or cancellation of services by THE COMPANY, without prior notice to the Client and without entitlement to any compensation.
8) AFTER SALES SERVICES
For any query, incident, complaint or claim after the purchase of the products or services, THE COMPANY makes a Customer Service available to the Client at the email infoweb@montagud.com
9) INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the works, brands, logos, and any other subject to protection, contained on THE COMPANY's website correspond exclusively to THE COMPANY (or to third-party authorizers), to whom the exclusive exercise of the rights corresponds. rights of exploitation of the same in any form and, especially, by way of example and not limitation, the rights of reproduction, copying, distribution, transformation, commercialization, and public communication. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.
By accepting these General Contracting Conditions, the Client agrees to respect the rights of Industrial and Intellectual Property owned by THE COMPANY and third parties.
10) JURISDICTION AND APPLICABLE LAW
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, in their case, will hear the matter, will be those that have the applicable legal regulations in the matter of competent jurisdiction, in the one that is attended, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party.
All without prejudice to the Customer's power to go to the Consumer Arbitration Board of its demarcation.
In the case of a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain).
II. SPECIAL CONDITIONS of sale of E-Books
Purchase
The Client acknowledges that THE COMPANY grants him a license to use the eBooks marketed by THE COMPANY. Once acquired, said license will consist of a direct contractual relationship between the Client and the third party provider of the digital content in question, that is, "The Publisher". The Publisher of each eBook is responsible for its content, for the guarantees, in its case, and of any claim that the Client / s or any third party may make in relation to said eBook.
The payment method for access to eBooks will be the same as for the other products on the web in accordance with the payment methods section of the general contracting conditions.
The prices indicated on THE COMPANY's website include the corresponding Spanish VAT. In cases of possible exemption from VAT or non-subjection to VAT by the buyer's residence, if there is a disagreement between the country of residence informed by the buyer and the country related to the IP of the same, the subjection to Spanish VAT will always prevail.
For reading eBooks, the Client will use the single download modality from the link www.libreriagastronomica.com/secure/download limited to a maximum of 3 downloads on reading devices compatible with the Adobe PDF program.
Use restrictions
The Client will only use the eBooks for private and non-commercial purposes. The license to use the eBooks does not imply a transfer of any right of use for promotional purposes.
Among other issues, the Client is expressly prohibited from:
- Sell, rent, lend, make copies, modify, transform, distribute and / or make the eBooks available to the public, either partially, or in their entirety, in any way that is not expressly permitted in these Particular Conditions;
- Delete, modify, delete or any similar way to prevent the effective operation of any measure adopted to prevent copying, distribution, making available to the public, modification, transformation or any other type of improper or unauthorized access or treatment of eBooks, either partially, or in its entirety;
- Provide or share the username and password with any third party other than the user;
- Bypassing any technology used to protect the eBooks accessible through the Gastronomic Library website, as well as deleting or eliminating from the eBooks any mention or reference to the notice of the rights on them;
- Use the eBooks in any way that implies a breach of these Particular Conditions;
- Eliminate or alter any territorial restrictions applied on the Gastronomic Library website.
Additionally, the user agrees to take reasonable measures to prevent any unauthorized use of the eBooks.