General terms and conditions of sale
In compliance with the provisions of Law 34/2002, of July 11, 2002, of Information Society Services and Electronic Commerce, we inform you that the owner of this website is Grupo Munreco, S.L., Spanish company with C.I.F. B-28557064, registered office at Anabel Segura Nº 7, (28108) Alcobendas, Madrid, telephone (+34) 91 484 80 00, fax (+34) 91 484 80 01, and e-mail firstname.lastname@example.org , registered in the Mercantile Registry of Madrid, Volume 14819, Folio 37, Section 8ª, Page nº M-56434 (hereinafter, "GRUPO MUNRECO" and/or "We").
I.-SCOPE OF APPLICATION
The purpose of these General Conditions of Sale (hereinafter, "GCS") is to regulate the terms and conditions governing the purchase of Mark Maddox watches and accessories (hereinafter, "Products") through the "Online Store" of the website www.markmaddox.com (hereinafter, "Website"), which GRUPO MUNRECO makes available exclusively to those who hold the status of consumers and users (hereinafter, "Customer/s" and/or "You"). They shall not, therefore, be applicable to purchases made in physical stores. Please note that you will not be able to return the Products purchased in the Online Store in physical stores. GRUPO MUNRECO does not accept orders of Products by telephone, fax or e-mail.
These GCS, as well as the purchase of Products through the Online Store of the Website that these GCS regulate, shall therefore apply solely and exclusively to end consumers and, under no circumstances, to businessmen and professionals. If you are an authorized distributor and/or retailer of GRUPO MUNRECO or have signed a distribution contract with us for the Products, you should go to the "Distributor Area" section of the Website. If you are not a consumer or authorized distributor and wish to purchase Mark Maddox brand products, you can contact us at email@example.com.
For the purposes of these GCS, it shall be understood that you hold the status of consumer in accordance with the provisions of Article 3 of Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users and other Complementary Laws, which establishes that consumers are natural persons acting for purposes other than their trade, business, trade or profession, as well as legal persons and unincorporated entities acting on a non-profit basis in a field other than a trade or business.
The Products displayed in the Online Store of the Website are intended exclusively for Customers of legal age. Therefore, by placing an order, you declare that you are of legal age and have the necessary legal capacity to contract. GRUPO MUNRECO is not responsible for the legal consequences and/or expenses that may arise from the placing of an order by a minor or incompetent person, being responsible for whoever is legally responsible or, in any case, the parents or guardians who are in charge of them.
The Online Store operates exclusively in the Spanish territory included in the Iberian Peninsula and Balearic Islands, shipping Products only to that territory. No shipments are made, therefore, outside Spain, or to Ceuta, Melilla or the Canary Islands. No shipments are made to P.O. Boxes.
II.- ACCEPTANCE OF THE CGV
You must ensure that you have carefully read and understood these T&Cs, as well as the Legal Notice and the Privacy and Cookies Policy (which are incorporated into these T&Cs by reference) before placing an order in the Online Store, since the placement of the order implies the express and full acceptance, without reservation, of all the terms and conditions contained in these T&Cs, as well as the Legal Notice and the Privacy and Cookies Policy (published at the bottom of the Website), all of which you are obliged to comply with.
MUNRECO GROUP reserves the right to modify, at any time and without prior notice, these GCS, according to its criteria or as a result of a change in legislation, jurisprudence and/or business practice. If any modification is introduced, the new version will be published on the Website, where you will be able to access it freely if you wish to consult it and you will also be able to file and print it. In any case, each order you place will be governed by the GCS published on the Website at the precise moment you place the order in question in the Online Store.
III.- REGISTRATION IN THE ONLINE STORE
It is a prerequisite to be able to place an order in the Online Store, to be a consumer, to be of legal age and to provide, through the form contained in the Online Store, the necessary data indicated therein as mandatory. In order to be able to place orders in the Online Store it is necessary to create a Customer account.
When you register as a Customer on the Website, you will be provided with an access password, which is personal and non-transferable. The password must meet minimum length and security requirements. This password will not be known to us and will be stored in encrypted form. You may change or retrieve it at any time by following the procedure provided for this purpose on the Website.
It is important that the information you provide us is correct, especially the email address, because it will be made to the same communications indicated throughout the purchase process described in these GCS. Likewise, with respect to the delivery address of the orders, since, in accordance with the provisions of the following clause IX (Delivery Time and Conditions), it will be the place where the delivery of orders of confirmed and accepted Products will be made.
Of particular importance is the application to these GCS of the provisions of the section "User Registration" of the Legal Notice, especially with regard to the obligation to provide accurate information and, in the event that you have an account on the Website, to safeguard and keep confidential the password. Therefore, you must be sure to read carefully the provisions of the aforementioned section, because, by placing an order through the Online Store you are expressly agreeing to comply with it.
IV.- Product information
The Online Store of the Website is intended to promote the Products, so the information contained therein is primarily intended to inform Customers about the Products displayed. MUNRECO GROUP does everything reasonably possible to show, with maximum precision, the description and characteristics of the Products displayed in the Online Store, including their composition and colors. Each Product displayed includes a card with one or more photographs, its name, price, as well as a brief description of the Product and details of its main characteristics and specifications.
The data included in each Product sheet and/or in its photograph refer to the actual Products marketed and are for information purposes only, in order to provide the most accurate description possible, although you should note that they are not exhaustive.
Therefore, the aforementioned descriptions and information of the Products may contain errors. MUNRECO GROUP undertakes to take all measures within its power to correct, as soon as possible, the referred errors or omissions after having been informed of them. In any case, we recommend you to verify the exact appearance and technical conditions of the Product prior to its purchase through the Online Store.
V.- PRODUCT AVAILABILITY
GRUPO MUNRECO makes every reasonable effort to provide, at all times, updated information on the available stock of Products.
MUNRECO GROUP reserves the right to interrupt the continuity of a Product at any time. Also, the complete management of your order is subject to the availability of the Products ordered, so that if, at the time of preparing your order in our warehouse, we do not have the Product you want because there is no stock of it or because we consider that the Product is not in condition for sale, we will inform you via e-mail and we will refund the amount you had paid for it within a maximum period of fourteen (14) calendar days after we inform you that the Product can not be delivered. Likewise, we will inform you if we have any Product with similar characteristics, functionalities, quality and price, and, in the event that you are interested in the similar Product offered, you must communicate it to MARK MADDOX Customer Service by e-mail to firstname.lastname@example.org.
The unavailability of a Product included in an order does not automatically generate any right to compensation and/or discount in your favor, without prejudice to the rights that you, as a consumer, have legally recognized, which will be respected at all times.
The unit price of the Product in Euros, including VAT, is indicated on the Product page of the Online Store.
MUNRECO GROUP reserves the right to modify, at any time and without prior notice, the price of the Products displayed in the Online Store. In any case, to the orders you place through the Online Store will apply the prices that are published in the same at the time of placing the order, in accordance with what is indicated below.
If due to an accidental failure in the operation of the Web Site there was a manifest error in the price of the Product, we will proceed immediately to correct it after being warned. Also, we will contact you via e-mail as soon as we become aware of it to duly inform you of the incident, and we will refund the amount paid for it within a maximum period of fourteen (14) calendar days from the date of sending the e-mail informing of the error.
No shipping charges will be applied for standard shipments. If You select a shipping method other than standard shipping, upon selecting the method in question, the Website will automatically display the applicable shipping costs, which will be charged to You. In the event that the order has shipping costs associated with it in accordance with the above, the applicable shipping costs will be added to the total amount of the Product(s) selected in the final price.
VII.- PURCHASE PROCESS
Once you have located and identified in the Online Store the specific Product(s) you wish to purchase, you must click on the "Add to Cart" button. The Website will duly inform you that the Product(s) you wish to purchase have been added to the cart. By adding the Product(s) to the cart during the purchase process in the Online Store, you are making an offer to purchase under the conditions published in the Online Store. At this time, you can continue to visit the Online Store and/or search for other Products advertised, and you can make changes or modifications to the shopping cart and even, if you wish, empty it.
Once the desired Product(s) have been added to the cart, you must access the "Shopping Cart", where all the order data will be displayed on the screen so that you can verify that everything is correct. You will be able to add and/or remove Products from the cart, continue shopping, and/or continue with the processing of the order.
If everything is correct and you wish to proceed with the order, you must click on the "buy" button and register as a Customer. Then you must enter the requested data, including your personal data and shipping address and select the payment method you want to use from among those provided by the Online Store (payment by credit card or PayPal payment).
Please check that your details are correct before proceeding with the purchase. You are responsible for ensuring that the data provided for the purpose of purchasing a Product advertised on the Online Store are correct and that you are the holder of the bank and/or Paypal account provided. We recommend that, in any case, you verify the order before proceeding to confirm and send it. When you are satisfied with your order, you can proceed to submit your order by clicking on the "Confirm Purchase" button. By clicking this button, you will be automatically redirected by the system to the online payment platform (TPV) of the bank in question or to PayPal.
In order to click on the "Confirm Purchase" button during the purchase process, you must check the appropriate box in which you declare to accept, fully and without reservation, the entirety of these GCS. In any case, before finalizing the order and through the corresponding option in the browser, you can print and/or save them for reproduction whenever you consider it necessary.
Once you have completed the relevant procedures to order payment on the platform of the bank or PayPal - depending on the payment method selected by you, you will be returned to the Online Store, where the Website will automatically confirm that the order has been placed, showing on the screen a message indicating that we have received your order. Also, GRUPO MUNRECO, after receiving the order, will send an e-mail acknowledging receipt of the order placed to the e-mail account provided for that purpose, and this without prejudice to the provisions of clause V (Availability of Products).
All orders successfully placed will also be subject to payment verification, thus, once GRUPO MUNRECO receives the payment in accordance with the following clause X (Invoicing and Payment), it will send you an e-mail confirming the order, together with the legal information about the online transaction and the GCS. The contractual information will be provided in Spanish.
The development of the purchase, as well as all the information related to the shipment will be sent to you via e-mail, whose content is generated, in part, in an automatic way. It is your responsibility to guarantee that the e-mail address provided to GRUPO MUNRECO is a valid address and to which you have access, as well as to guarantee that the e-mails sent by GRUPO MUNRECO will be received by you and that they will not be considered spam mail.
You can track your orders by visiting the "My Account" section and clicking on "My Orders", where you will find your order history, including your current orders.
VIII.- Reservation of title
The parties expressly agree a reservation of ownership in favor of MUNRECO GROUP, so that the ownership of the Product/s object of the sale will not be transferred to you until the payment has not been completed and MUNRECO GROUP does not receive the full price (along with VAT or other applicable taxes and, where appropriate, shipping costs), remaining the Product/s in question until that time property of MUNRECO GROUP, who reserves the legal actions that correspond to such reservation of ownership.
IX.- DELIVERY TERMS AND CONDITIONS
Without prejudice to the provisions of clause V (Availability of Products) and except in cases of force majeure, the usual delivery time for a Product ranges from one (1) to five (5) working days - Saturdays shall not be considered as working days for the purposes of this calculation - from the date of the e-mail confirming the order. On Saturdays, Sundays and holidays there is no pick-up or delivery service for orders, a circumstance that must be taken into account in the calculation of delivery dates. In periods with special circumstances (special dates such as Christmas, transport strikes, extraordinary events, local festivities, etc.), shipments may suffer some delay.
GRUPO MUNRECO makes every effort to respect the usual delivery times, although delays may occur for reasons beyond our control and/or on the part of the transport company. If, for reasons beyond MUNRECO GROUP's control, we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid within a maximum period of fourteen (14) calendar days from the cancellation of the order. In any case, GRUPO MUNRECO is obliged to deliver the order within a maximum period of thirty (30) days.
Seur, the transport company through which we ship orders, will contact you via sms to inform you of the day on which the delivery will be made and coordinate it with you.
The Online Store operates exclusively in the Spanish territory included in the Iberian Peninsula and Balearic Islands, shipping products only to that territory. Therefore, we do not ship to Ceuta, Melilla, Canary Islands or PO Boxes. In the event that the shipping address provided is in one of these destinations, we will inform you via e-mail and proceed to the cancellation of the order and the contract, as well as, where appropriate, the refund of the amount paid, unless you can provide another valid address.
It is your responsibility to ensure that delivery can be made to the shipping address provided Monday through Friday during Seur's business hours.
Delivery shall be deemed to have been made when the order has been placed at your disposal by Seur at the delivery address provided during the purchase process. The risk in relation to the Product(s) (loss, theft, destruction, damage, etc.) shall pass to you from the moment the Product(s) are made available to you as indicated herein. Orders are delivered by Seur, a leading company in its sector, in order to ensure that they reach you in perfect condition. In any case, we recommend that you check the order at the time of delivery in case it has suffered during transport any external damage that is clearly visible, and that you make the relevant observations to the transport company on the delivery note, rejecting the package if it is likely to have been opened or if it shows clear signs of deterioration.
In any case, you have the right of withdrawal as described in the following clause XII (Legal Right of Withdrawal of the Consumer) and the legally recognized warranty on non-conforming Products (clause XI -Warranty of the Products-).
We will send you the Product, along with its documentation, including the Mark Maddox Warranty Certificate, in its corresponding metal case. The Product is delivered in a customized packaging with the Mark Maddox brand image so that, from the very first moment, you can enjoy a 100% Me NOW moment.
X.- INVOICING AND PAYMENT
GRUPO MUNRECO offers two possible forms of payment: by credit card (and/or through the Paypal system). The bank cards accepted are exclusively Visa and Mastercard. During the purchase process, you must select the means of payment among those offered. You guarantee that you are fully authorized to use the bank card and/or Paypal account.
Unless expressly indicated otherwise, GRUPO MUNRECO reserves the right to proceed to charge the amount on the bank card or Paypal card provided by you, at the time of placing the order.
In the case of payment by credit card, it will be made through the e-commerce payment gateway provided by the bank in question - all data being encrypted and hosted on a secure server according to the "Secure Socket Layer" (SSL) protocol - where you must follow the instructions of your bank to authorize payment. In the case of payment through PayPal, you will be redirected to the PayPal page, where you must enter your credentials and accept the payment.
All means of payment made available to Customers by GRUPO MUNRECO are subject to verification and authorization by the issuing entity of the corresponding means of payment. If such entity does not authorize the payment, it will not be possible to continue with the purchase procedure, being, therefore, the order automatically cancelled and being understood that the purchase of the Product/s in question has not been made. In the event of a rejection by the bank, the order will be automatically cancelled and we will inform you by sending you an e-mail.
Under no circumstances will GRUPO MUNRECO store the bank card data provided by you for the payment and will only be kept while the purchase is made, the payment and until the withdrawal period has elapsed, in order to be able to return, if applicable, the corresponding amount.
If you have a Customer account in the Online Store, you will be able to view and download the electronic ticket for each of your orders from the "My Orders" section. They will be available in the aforementioned section from the moment we have verified the payment. In any case, if you have requested an invoice during the purchase process, and after having received the payment, we will send you the invoice via email. By placing the order, you expressly consent to the invoice being issued in electronic format and sent to you via e-mail, instead of on paper. In any case, you may revoke such consent by contacting our Customer Service by e-mail to email@example.com.
XI.- PRODUCT WARRANTY
All the Products of MUNRECO GROUP are submitted to rigorous quality controls and MUNRECO GROUP guarantees them to the consumers or final customers, during a term of two (2) years from the date of purchase, for defects of manufacture and materials existing at the moment of the delivery of the Product. You can find additional information about the warranty of the Products, in the Warranty Certificate that accompanies each Product, or contact our Customer Service.
And this is without prejudice to the legal rights recognized to consumers by the applicable regulations, in cases of lack of conformity of the Product with the contract, which GRUPO MUNRECO is obliged to respect. Thus, the seller is liable for any lack of conformity that becomes apparent within a period of two (2) years from delivery. If the Product does not conform to the contract, the consumer may choose between demanding the repair or replacement of the Product, unless one of these two options is objectively impossible or disproportionate. Repair and replacement shall be free of charge for the consumer. When the consumer is unable to demand repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer, the consumer may, at his option, choose between a price reduction or termination of the contract. The resolution will not proceed when the lack of conformity is of minor importance. The consumer must inform the seller of the lack of conformity within two (2) months of becoming aware of it. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six (6) months after delivery of the Product already existed when the thing was delivered, except where this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. The action to claim the fulfillment of the legal warranty shall be barred three (3) years after delivery of the Product. In the absence of proof to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or sales receipt, or on the corresponding delivery note if this is later. It is therefore essential that you keep the documentation proving the purchase.
XII.- Legal right of withdrawal of the consumer
a) Right of withdrawal
You, as a consumer, have the right to withdraw from this contract within fourteen (14) calendar days without giving any reason.
The withdrawal period shall expire fourteen (14) calendar days from the day on which You or a third party indicated by You, other than the carrier and indicated by You, acquired material possession of the last of the Products ordered in the same order and shipped at one time; or of the last of the Products ordered in the same order and shipped separately.
To exercise the right of withdrawal, you must notify GRUPO MUNRECO (Grupo Munreco, S.L., Anabel Segura Nº 7, (28108) Alcobendas, Madrid, telephone (+34) 91 484 80 00, and e-mail firstname.lastname@example.org) within the deadline your decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post or e-mail, or a telephone call). You may use this model withdrawal form, but its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiration of the withdrawal period.
If you exercise your right of withdrawal after the deadline, this will be automatically denied.
b) Consequences of withdrawal
In case of withdrawal on your part, MUNRECO GROUP will refund all payments received from you, with the exception of shipping costs resulting from your choice of a delivery method other than the standard delivery method) without undue delay and, in any case, no later than fourteen (14) calendar days from the date on which MUNRECO GROUP has been informed of your decision to withdraw from the contract. MUNRECO GROUP will proceed to make such reimbursement 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. MUNRECO GROUP may withhold the refund until we have received the Products, or until you have provided us with proof of the return of the Products, depending on which condition is met first.
You must return or deliver the Products to MUNRECO GROUP without undue delay and, in any case, no later than within fourteen (14) days from the date on which you communicate to MUNRECO GROUP your intention to withdraw from the contract. The term will be considered fulfilled if you return the Products before the end of the fourteen (14) day term. GRUPO MUNRECO assumes the return shipping costs.
You shall only be liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
GRUPO MUNRECO's database, as well as its Internet server, comply with the highest security standards and offer maximum protection of your data against loss, abuse and/or unjustified and/or unauthorized access, disclosure, modification and/or elimination. GRUPO MUNRECO uses the standard encryption protocol known as Secure Socket Layer (SSL) with 128/256 bit encryption to keep your order information secure. All orders are transmitted in encrypted format. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and there may be leaks due to malicious actions of third parties, GRUPO MUNRECO shall not be liable for any damages caused by any person who violates the security systems of the Web Site.
You agree to make appropriate use of the contents and services offered and not to use them to incur in illicit, illegal or contrary to good faith and public order activities; cause damage to the physical and logical systems of GRUPO MUNRECO, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; MUNRECO GROUP cannot guarantee that phishing attacks, distributed denial of service attacks and other types of malware and/or attacks perpetrated by third parties will not occur on the Web Site, therefore MUNRECO GROUP is not responsible for the continuity of the contents and functionalities of the Web Site, which may be withdrawn at any time without prior notice.
In this sense, what is regulated in the Legal Notice is also applicable to the operations carried out in the Online Store, so GRUPO MUNRECO recommends that you review the Legal Notice prior to placing orders through the Online Store.
You accept the electronic records in the computer systems of GRUPO MUNRECO as valid and effective proof of the existence of the transactions associated with such electronic records and documents.
XIV.- DISCLAIMER OF LIABILITY
Nothing in these GCS shall exclude or limit the liability of MUNRECO GROUP with respect to any matter in which it would be illegal to limit or exclude our liability. Thus, the liability of MUNRECO GROUP shall not be excluded or limited in cases of injury to life, limb or health of the Client caused by wilful misconduct or gross negligence on the part of MUNRECO GROUP.
It is the responsibility of GRUPO MUNRECO to duly comply with the obligations established by Law 7/1196 and by Royal Legislative Decree 1/2007 with respect to you, as a consumer, as well as any liability that may not be limited or excluded under applicable law.
To the extent legally permitted, and unless otherwise provided in these GCS, GRUPO MUNRECO shall not be liable to You for any loss of profits, understood as potential loss of income, sales, business, contracts, savings, etc. MUNRECO GROUP shall not be liable for indirect losses, understood as a secondary effect of the main loss or damage, such as loss of profits or loss of opportunities; nor for failure to deliver the Products or to comply with any of its obligations under these GCS, provided that such failure is due to a situation beyond its reasonable control, which includes, but is not limited to, fire, flood, storms, vandalism, social unrest, war, nuclear accidents or terrorist activities.
MUNRECO GROUP's maximum liability to you for any loss or damage in connection with your order placed through the Online Store shall be limited to the total price of your order.
In the same way and to the extent permitted by law, GRUPO MUNRECO excludes any warranties, except those that cannot be legally excluded against consumers, whose legal rights will not be affected by the provisions herein.
Of particular importance is the application to these GCS of the provisions of the section "Limitation of Liability" of the Legal Notice. Therefore, you must be sure to read carefully the provisions of that section, because, by accessing and using the Online Store is expressly accepting its application.
It is the responsibility of GRUPO MUNRECO to comply with its obligations set forth in these GCS, being its sole duty to exercise reasonable care and skill.
GRUPO MUNRECO cannot guarantee the technical continuity of the Web Site, the absence of service failures or interruptions or that the Web Site will be available or accessible at all times. Neither can it guarantee that phishing attacks, distributed denial of service attacks and other types of malware, viruses or other harmful components, and/or attacks perpetrated by third parties will not occur on the Web Site, so MUNRECO GROUP is not responsible for the continuity of the contents and functionalities of the Web Site or the Online Store, which may be withdrawn at any time without prior notice.
XV.- DATA PROTECTION
Hereby and in compliance with the provisions of current legislation on the protection of personal data and, in particular, the Organic Law 15/1999 of 13 December on the Protection of Personal Data, we inform you that all the data you provide us through the Online Store and, in particular, by filling in your details in the Online Store and in the "My Account" section, you are expressly consenting that the personal data you provide us with, as well as any other data you may provide us with throughout the contractual relationship with GRUPO MUNRECO, will be collected and processed by the latter, you are expressly consenting that the personal data you provide us, as well as any other data that you may provide us throughout the contractual relationship with GRUPO MUNRECO, are collected and processed by the latter, becoming part of the Customer file, owned by the same, with address at Anabel Segura No. 7, Alcobendas (28108 Madrid).
The aforementioned file has the sole purpose of proceeding to comply with the obligations resulting from the contractual relationship between the parties, in particular, for all matters relating to the processing of the order, the sending of the communications provided for the processing of orders, the management of possible incidents, the shipment of the Products, invoicing and payment processing, as well as for the sending of commercial communications relating to MUNRECO GROUP products, surveys and/or newsletters about them, and the use of the Website. The required data are necessary for the indicated purpose and, if not provided, it will not be possible to carry out the requested contracting. However, when you wish, you may revoke such consent and/or exercise your rights of access, rectification, cancellation and opposition by sending a letter, along with a photocopy of your ID, to the company, sent to its registered office -Anabel Segura No. 7, Alcobendas (28108 Madrid), or send an e-mail to email@example.com, in both cases stating the reference "Data Protection". In case you do not wish to receive commercial communications, please check the box below .
Likewise, you are authorizing the processing of such data by MUNRECO GROUP and by those third parties with whom it has contracted the provision of services necessary to carry out the contractual relationship, services for which these third parties must have access to personal data (so, among others, Seur, PayPal and / or banks that manage payments). In this sense, GRUPO MUNRECO reiterates its commitment to the responsible and confidential use of personal data, an obligation of confidentiality that GRUPO MUNRECO extends to its employees.
You guarantee that the personal data and any other information provided to GRUPO MUNRECO through the Online Store and the "My Account" section is lawful, real, accurate, truthful and updated and you are responsible for communicating to GRUPO MUNRECO any change in them. You will be the only responsible for any damage or harm, direct or indirect, that could be caused to GRUPO MUNRECO or to any third party due to the completion of the forms with false, inaccurate, incomplete or not updated data. You should not include personal data of third parties without the informed, express and prior consent of such third parties, being solely responsible for their inclusion otherwise.
XVI.- Nullity AND NON WAIVER OF RIGHTS
Should any of the clauses of these GCS be declared null and void, voidable, illegal, invalid, or ineffective by a final decision issued by a competent authority, this shall not determine the nullity of the remaining clauses, which shall remain in force and fully applicable, without being affected by such declaration of nullity, and shall be interpreted taking into account the will of the parties and the very purpose of these GCS.
No part or provision of these GCS shall be construed as derogating from any mandatory provision of law.
The lack of exercise, or the delay in the same, by MUNRECO GROUP, of any of the rights and faculties conferred in these CGV, do not imply, in any case, the resignation to them on the part of MUNRECO GROUP, unless express recognition and in writing on the part of MUNRECO GROUP.
XVII.- CUSTOMER SERVICE
If you have any questions regarding these Terms and Conditions, the Legal Notice and/or the Privacy and Cookies Policy, as well as if you wish to file a complaint or claim, and/or request information about the Products displayed in the Online Store, or if you have detected an error when placing your order or, by mistake, we have delivered a Product other than the one you requested, please contact our Customer Service via e-mail at firstname.lastname@example.org.
Your complaints and claims to our Customer Service will be dealt with as soon as possible and, in any case, within a maximum period of one (1) month. Likewise, they will be registered with an identification code that we will inform you and will allow you to follow up on them. If you as a consumer consider that your rights have been violated, you can send us your complaints through the e-mail address email@example.com in order to request an extrajudicial solution of controversies.
XVIII.- Applicable Law and COMPETENT Jurisdiction
The contract entered into with GRUPO MUNRECO by virtue of the provisions of these GCS, as well as the questions about its validity, interpretation, in/fulfillment and/or execution shall be interpreted and governed in accordance with the Spanish legislation of common law.
Likewise, for any divergence, controversy and/or dispute arising in connection, directly or indirectly, with the contract and/or with these GCS, both You and We expressly submit, and waive any other jurisdiction that may correspond to Us, to the exclusive jurisdiction of the Spanish courts and, in particular, to those of the place of your domicile in Spain or to those of the place of performance of the contractual obligation.
Nothing in this clause shall affect your rights as a consumer under applicable law.
Also, under the provisions of Regulation (EU) 524/2013 and Law 7/2017 of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on Alternative Dispute Resolution in Consumer Matters, we inform you that, as a consumer resident in Spain, you have the right to submit your complaint to an Alternative Dispute Resolution Entity. You can access the Online Dispute Resolution Platform (ODR) of the European Union through the following link http://ec.europa.eu/consumers/odr/.
TERMS AND CONDITIONS
II. GENERAL CONDITIONS OF USE: THIS DOCUMENT (TOGETHER WITH ALL OTHER DOCUMENTS MENTIONS MENTIONED HEREIN) ESTABLISHES THE TERMS AND CONDITIONS THAT REGULATE THE USE (INCLUDING THE MERE ACCESS) OF EACH AND EVERY ONE OF THE WEBSITES LOCATED UNDER THE DOMAIN WWW.MARKMADDOX.ES AND WWW.markmaddox.com ) AND SUBDIRECTORIES (hereinafter collectively referred to as the "WEBSITE") and defines the terms of operation of the WEBSITE that GRUPO MUNRECO makes available to Internet Users, including the contents and services PUBLISHED THEREIN, WHICH MAY BE REGULATED BY THE CORRESPONDING PARTICULAR TERMS AND CONDITIONS (FOR EXAMPLE, THE GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE). THE GENERAL CONDITIONS OF SALE OF THE CLIENT AREA REGULATING THE ORDERING OF PRODUCTS BY RETAILERS AND/OR AUTHORIZED DISTRIBUTORS AND THE GENERAL CONDITIONS OF SALE OF THE ONLINE STORE REGULATING THE ORDERING OF PRODUCTS BY CONSUMERS) WHICH, IN CASE OF CONFLICT, SHALL PREVAIL OVER THE GENERAL CONDITIONS OF USE SET FORTH HEREIN.
USER" SHALL MEAN ANY PERSON, NATURAL OR LEGAL, WHO ACCESSES OR HAS ACCESSED THE WEBSITE, navigates, uses and/or participates in the services and activities, whether free of charge or for a fee, developed on THE WEBSITE, SUBJECT, THEREFORE, TO THE GENERAL CONDITIONS OF USE REGULATED HEREIN AND OTHER DOCUMENTS MENTIONED, IN PARTICULAR, THE PRIVACY AND COOKIES POLICY AND THE PARTICULAR CONDITIONS THAT REGULATE THE CORRESPONDING SERVICES. Minors who intend to use the services contained in THE WEBSITE must have the prior consent of their parents, guardians or legal representatives, who are solely responsible for the acts performed by minors in their care.
ACCESS TO THE WEBSITE confers the condition of User AND IMPLIES THE ACCEPTANCE, express and without reservation, BY THE USER OF THE GENERAL CONDITIONS OF USE AND OF THE PRIVACY AND COOKIES POLICY IN FORCE AT ANY TIME THE USER ACCESSES THE WEBSITE, AS WELL AS, IF APPLICABLE, OF THE CORRESPONDING SPECIFIC CONDITIONS REGULATING THE SERVICES PROVIDED THROUGH THE WEBSITE (e.g., THE GENERAL CONDITIONS OF SALE OF THE CUSTOMER AREA REGULATING THE ACCEPTANCE OF ORDERS OF PRODUCTS BY RETAILERS AND/OR AUTHORIZED DISTRIBUTORS AND/OR AUTHORIZED DISTRIBUTORS OF PRODUCTS BY RETAILERS AND/OR DISTRIBUTORS). THE GENERAL CONDITIONS OF SALE OF THE CUSTOMER AREA REGULATING THE ORDERING OF PRODUCTS BY AUTHORIZED RETAILERS AND/OR DISTRIBUTORS AND THE GENERAL CONDITIONS OF SALE OF THE ONLINE STORE REGULATING THE ORDERING OF PRODUCTS BY CONSUMERS) AND THEIR COMMITMENT TO RESPECT THEM. the user must read CAREFULLY THIS DOCUMENT, AS WELL AS THE PRIVACY AND COOKIES POLICY, each time he/she intends to access AND/OR USE THE WEBSITE, AS WELL AS, IN THE CASE OF USING SERVICES PROVIDED THROUGH THE WEBSITE, THE SPECIFIC CONDITIONS REGULATING THE SERVICE IN QUESTION, since MUNRECO GROUP reserves the right to make, AT ANY TIME AND WITHOUT PRIOR NOTICE, changes in SUCH DOCUMENTS, as well as in THE WEBSITE, in order to keep its information updated, AS WELL AS TO ADD, MODIFY, CORRECT, OR, EVEN, TO DELETE OR REMOVE THE CONTENTS AND INFORMATION published, THE SERVICES OFFERED OR THE DESIGN OF THE WEBSITE.
If any of the General Conditions OF USE HEREIN SHALL BE INVALID, VOID, OR INAPPLICABLE FOR ANY REASON, such condition shall be excluded and shall not affect the validity and enforceability of the remaining conditions.
FREE USE OF THE WEBSITE AND PAYABLE SERVICES: IN PRINCIPLE, THE WEBSITE MAY BE VISITED BY USERS FREE OF CHARGE -except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the User-, PROVIDED THAT IT IS FOR THEIR PERSONAL USE ONLY and for private, domestic and non-commercial purposes. Notwithstanding the foregoing, some of the Services provided by GRUPO MUNRECO through the WEBSITE are subject to the payment of a price in the manner determined in the corresponding Particular Conditions REGULATING THE SAME. aYES, FOR EXAMPLE, the contracting through the clients area that MUNRECO GROUP MAKES AVAILABLE TO ITS RETAILERS AND/OR AUTHORIZED DISTRIBUTORS AND the contracting through the ONLINE STORE THAT MUNRECO GROUP MAKES AVAILABLE TO CONSUMERS, EACH OF WHICH IS REGULATED BY ITS RESPECTIVE GENERAL CONDITIONS OF SALE, WHICH CONTAIN THE INFORMATION RELATING TO THE PRODUCTS OFFERED ON THE WEBSITE (characteristics, PRICES, applicable taxes, expenses for the CUSTOMER/DISTRIBUTOR'S ACCOUNT, ETC.), AS WELL AS THE METHOD OF CONTRACTING (SCOPE OF APPLICATION, ORDERING, AVAILABILITY OF PRODUCTS, PAYMENT, ETC.) and other specific circumstances and which must be previously and expressly read and accepted by the User WHO HAS THE REQUIRED CONDITION TO BE ABLE TO CARRY OUT SUCH CONTRACTING.
CONTENTS: The purpose of the WEB SITE is to promote the activities carried out and the PRODUCTS marketed by GRUPO MUNRECO, so that the information contained in it has as main objective to inform the User about the offered PRODUCTS, constituting, in its case, a mere invitation to contract, but never a binding offer. All the products and services contained in the WEBSITE are provided by MUNRECO GROUP in accordance with the regulations in force.
The inclusion of any Product on the Website at any given time does not imply or warrant that such Product will be available at all times. GRUPO MUNRECO reserves the right to interrupt the continuity of a Product at any time.
GRUPO MUNRECO provides USERS with a Product search engine that will allow them to locate the Products, both by description and by reference number. The Products are shown by category and collection. Likewise, the USER will have filters to perform searches according to different criteria. Likewise, the USER will be able to sort his selection of Products according to the same criteria.
MUNRECO GROUP makes every reasonable effort to show, as accurately as possible, the description and characteristics of the products displayed on the Website, including their composition and colors. Each product displayed includes a card with one or more photographs, its reference, as well as a brief description of the product and details of its main features (e.g. functions, case and strap material, diameter, finish, type of clasp, water resistance, etc.).
The data included in each Product sheet and/or in its photograph refer to the real products marketed and have a merely informative function, in order to provide the most accurate description possible, although the USER must take into account that they are not exhaustive. The color that the USER sees will depend on his computer, and GRUPO MUNRECO cannot guarantee that his computer will show these colors with maximum precision.
Therefore, GRUPO MUNRECO declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct, as soon as possible, the referred errors or omissions after having been informed of them.
The contents, commercial activities, ADVERTISEMENTS, ADVERTISEMENTS ABOUT OUR PRODUCTS, PROMOTIONS AND OFFERS CONTAINED ON THE WEBSITE are not intended or directed to persons residing in jurisdictions where their contents are not authorized, AND THEREFORE ARE VALID ONLY IN THE TERRITORY TO WHICH THEY ARE DIRECTED.
OBLIGATION OF CORRECT USE OF THE WEBSITE: THE USER MUST USE THE WEBSITE, ITS CONTENTS AND/OR SERVICES DILIGENTLY AND IN ACCORDANCE WITH THESE GENERAL CONDITIONS OF USE, THE PARTICULAR CONDITIONS THAT APPLY TO THE SERVICE IN QUESTION, THE CONTENT OF THE LEGAL NOTICES, AS WELL AS WITH THE LAW, MORALITY AND PUBLIC ORDER, GOOD CUSTOMS AND GENERALLY ACCEPTED PRACTICES ON THE INTERNET AND, IN ANY CASE, WITH DUE COMPLIANCE WITH THE APPLICABLE REGULATIONS IN FORCE.
THE USER OBLIGATES TO MAKE, at all times, a lawful use of the WEBSITE AND ITS SERVICES, REFRAINING FROM USING THEM FOR ILLICIT PURPOSES OR EFFECTS, CONTRARY TO THE PROVISIONS OF THE GENERAL CONDITIONS OF USE CONTAINED HEREIN, HARMFUL TO THE GOODS, RIGHTS AND/OR INTERESTS OF GRUPO MUNRECO OR THIRD PARTIES, OR WHICH, IN ANY WAY, may damage, render useless, overload and/or deteriorate the website and/or services, networks, servers and/or other computer equipment (hardware or computer products and applications (software), MAY DAMAGE, RENDER USELESS, OVERLOAD AND/OR DETERIORATE THE WEB SITE AND/OR THE SERVICES, NETWORKS, SERVERS AND/OR OTHER COMPUTER EQUIPMENT (HARDWARE) OR PRODUCTS AND COMPUTER APPLICATIONS (SOFTWARE) OF GRUPO MUNRECO AND/OR THIRD PARTIES, OR PREVENT THE NORMAL USE OR ENJOYMENT OF THIS WEB SITE AND/OR ITS SERVICES BY THE USERS.
THE USER SHALL REFRAIN FROM OBTAINING (OR EVEN ATTEMPTING TO OBTAIN) INFORMATION, MESSAGES, GRAPHICS, DRAWINGS, SOUND AND/OR IMAGE FILES, PHOTOGRAPHS, RECORDINGS, SOFTWARE AND, IN GENERAL, ANY KIND OF MATERIAL ACCESSIBLE THROUGH THE WEBSITE OR ITS SERVICES, USING MEANS OR PROCEDURES OTHER THAN THOSE WHICH, AS THE CASES MAY BE, HAVE BEEN MADE AVAILABLE FOR THIS PURPOSE OR HAVE BEEN INDICATED THROUGH THE WEBSITE.
THE INCLUSION OF THE CONTENTS OF THE WEBSITE IN OTHER INTERNET PORTALS, NOR IN OTHER MEDIA OR SUPPORTS IS NOT PERMITTED. The User shall refrain from introducing viruses, programs, macros or any sequence of characters with the purpose of damaging or altering the computer systems of THE WEBSITE, as well as hindering the access of other Users through the massive consumption of resources,
THE REPRODUCTION, DISTRIBUTION, PUBLIC COMMUNICATION OR TRANSFORMATION OF THE CONTENTS OF THE WEBSITE, IN ANY FORM OR SUPPORT, WHETHER FREE OF CHARGE OR IN EXCHANGE OF AN ECONOMIC CONTRACT, IS NOT PERMITTED. The User shall refrain, therefore, from capturing data included in THE WEBSITE for advertising purposes, as well as from reproducing, copying, distributing, transforming and/or making available to third parties the contents included in THE WEBSITE, from carrying out actions through the services included in the website that may infringe intellectual property, industrial secrets, contractual commitments, rights to honor, image and personal privacy of third parties and/or carrying out actions of unfair competition and illegal advertising.
GRUPO MUNRECO RESERVES THE RIGHT TO REFUSE OR WITHDRAW ACCESS TO THE WEBSITE AND/OR THE SERVICES CONTAINED THEREIN, AT ANY TIME AND WITHOUT THE NECESSITY OF NOTICE, TO ANY USER WHO DOES NOT COMPLY WITH THE GENERAL CONDITIONS OF USE regulated herein AND, IN PARTICULAR, THE PROVISIONS OF THE PRECEDING PARAGRAPHS.
USER REGISTRATION: IN GENERAL, PRIOR SUBSCRIPTION OR REGISTRATION AS A USER IS NOT REQUIRED FOR ACCESS TO AND USE OF THE WEBSITE, NOTWITHSTANDING THAT, FOR THE USE OF CERTAIN SERVICES OR CONTENT THEREOF, PRIOR SUBSCRIPTION OR REGISTRATION AS AN AUTHORIZED USER AND/OR PAYMENT OF A FEE, IN THE FORM EXPRESSLY INDICATED IN EACH CASE, MUST BE ACCEPTED.
IN SUCH CASES, SO THAT the User can register correctly AND GRUPO MUNRECO CAN PROVIDE THE SERVICES OR PRODUCTS OFFERED IN THE WEBSITE, IT WILL BE NECESSARY THAT THE USER FILLS IN ALL THE DATA AND OTHER INFORMATION REQUESTED IN THE FORMS CONTAINED IN THE WEBSITE FOR EACH CASE, UNLESS THE CONTRARY IS EXPRESSLY PROVIDED. IN THE EVENT THAT THE USER DOES NOT COMPLETE ALL THE DATA FIELDS OF THE FORM, GRUPO MUNRECO MAY DECIDE NOT TO PROVIDE THE USER WITH THE SERVICE OR PRODUCT IN QUESTION. After completing their personal data, the User, in order to validly register, must accept the general conditions of use regulated in this DOCUMENT, AS WELL AS THE PRIVACY AND COOKIES POLICY, AND, IF APPLICABLE, THE PARTICULAR TERMS AND CONDITIONS APPLICABLE TO THE REFERRED SERVICE, SUCH AS THE GENERAL CONDITIONS OF SALE OF THE CUSTOMER AREA MADE AVAILABLE TO RETAILERS AND/OR AUTHORIZED DISTRIBUTORS, AND THE GENERAL CONDITIONS OF SALE OF THE ONLINE STORE MADE AVAILABLE TO CONSUMERS. In the event that the User has correctly completed all the formalities, the Web site will display a message confirming that the registration has been validly completed.
If, in order to use and/or contract a service or product THROUGH THE WEBSITE, the User must register, he/she shall be responsible for providing truthful and lawful information. If, as a result of registration, the User is provided with a password, he/she undertakes to use it diligently and to keep it secret. Consequently, the User is solely responsible for its proper custody and confidentiality and undertakes not to transfer its use to third parties, either temporarily or permanently, or to allow access to outsiders. The User shall be responsible for the unlawful use of the services by any illegitimate third party who uses, for this purpose, a password due to a non-diligent use or loss of the same by the User. In the event of theft, loss or unauthorized access to your passwords, the User shall be responsible for its immediate notification to MUNRECO GROUP in order to proceed to its cancellation. GRUPO MUNRECO shall in no case be responsible for the actions carried out by unauthorized third parties as long as the aforementioned notification is not made by the User.