These general conditions of sale govern all relations between the company Bernabé Biosca Alimentación, S.A.U. and its customers for sales of Products offered on the Monaguillo website.
Before any transaction, the customer acknowledges having read the general conditions of sale and expressly declares to accept these terms and conditions as soon as he validates the order.
The Monaguillo invites the client to read the following clauses.
1. Acceptance of special conditions.
The customer acknowledges having read, at the time of placing the order, the special conditions of sale indicated on the screen (name, price, weight, quantities, special characteristics, cost of services) and expressly accept them without reservation. The execution of the order and its confirmation by the client, materialize their full acceptance of the particular conditions only applicable to the order. It is specified that the client has, before this confirmation, a mechanism that allows him to correct or modify his options.
2. The products.
The photographs that illustrate the products are only indicative of the general presentation of the product.
The products offered for sale are food products and, to the extent that the customer can access all the information about the essential characteristics of the product in the packaging, any problem or damage that results from the consumption of the product (for example, allergic disorders or of another type) is the exclusive and exclusive responsibility of the client and / or consumer.
3. The username and password.
During the first order, and to customize the environment of each client, an identifier and a password are assigned. Then, the system performs a security check. The username and password are proof of the identity of the customer and are binding for the entire order placed through them.
The client is totally and exclusively responsible for his username and password, and will assume the consequences of any use by third parties who know him.
In case of forgetting the password or suspicion by the customer of the fraudulent use of your username and password, you have a function on the site that allows you to reset your password.
4. The formation of the order.
4.1 Registration of orders.
Once the products have been selected and the order has been processed, it is automatically sent by telematic means, it is registered and, as of this moment, it becomes firm and definitive in the reservation that is found below, the client remains irrevocably bound to The information provided in the order.
The information provided by the client, when taking the order, commits it. In case of error on your part in the drafting of your data or the place of delivery, resulting in the loss of products, the customer remains responsible for the payment of such lost products.
Any new order may be made only after the regular payment by the customer of the sums owed on previous orders.
Any order paid by credit card, PayPal or transfer is considered effective only when the payment centers in question have given their consent and have credited the account of Bernabé Biosca Alimentación, S.A.U. the total amount of the order.
In case of rejection of these centers, the order is canceled automatically and the customer receives a notification by mail in his mailbox.
4.2 Confirmation of the order.
Bernabé Biosca Alimentación, S.A.U. commits to confirm the order to the customer by email when summarizing the requested items and all the particular conditions of the sale.
Bernabé Biosca Alimentación, S.A.U. reserves the right not to confirm the order if there is a legitimate reason, such as a supply difficulty, a problem of understanding the order, a foreseeable problem related to the delivery or the abnormality of the order (existence of a dispute with the customer in relation to the payment of a previous order, inconsistent delivery address). The client will be informed by any means. In case of non-availability of products, the customer will be reimbursed within 30 days after the payment of the order, unless otherwise agreed between the parties.
4.3 The processing of the order.
Bernabé Biosca Alimentación, S.A.U. will do everything possible to process the order as soon as possible knowing that a delay of 24 to 48 hours is necessary to prepare the order before sending it.
4.4 The test.
The information regarding any transaction made from the customer's identifier will be stored and archived by Bernabé Biosca Alimentación, S.A.U. and will serve as proof of any dispute. The Monaguillo will be in charge of its conservation for an unlimited period. In any case, the online supply of a credit card number or bank details and the sending of the order will be proof of the order and will result in the payment of the order amount confirmed by Bernabé Biosca Alimentación, S.A.U.
5. Delivery methods.
We offer different delivery modes, these modes can evolve depending on the sale.
5.1 Delivery terms.
The Monaguillo undertakes to deliver the order in the place mentioned by the customer as soon as possible within 48 hours and, at the latest, within ten days (deliveries are made only on business days) of the order confirmation for him.
All events, such as force majeure, disaster, strike, administrative decision, transportation detention or any other circumstance beyond the reasonable control of Bernabé Biosca Alimentación, SAU, which would tend to delay, prevent and make exorbitant the execution of the supply constitutes an express agreement, cause of suspension or extinction of the obligations of Bernabé Biosca Alimentación, SAU, without compensation to the client. Bernabé Biosca Alimentación, S.A.U. inform the customer by email of the impossibility of the planned delivery.
In the situations mentioned above, the client is invited to contact Bernabé Biosca Alimentación, S.A.U. by any means to agree on the follow-up that will be given to the order.
5.2 Shipping costs.
Shipping costs are not included in the price and are borne by the buyer.
The shipping costs are valid for delivery to the same customer, the same address and the same day and time.
The system will try to show approximate shipping costs based on the customer's geolocation. These expenses will not be final until the customer enters the delivery address.
5.3 Delivery support.
The customer accepts to take charge of the goods upon arrival, at the delivery address, at his expense or by any person of his choice who can return the proof of the client's identity. When the package is in your possession, make sure that all the products are the ones you requested.
If the customer notices, after opening the packages, that the products are damaged or missing, he should contact customer service and file a complaint no later than THREE (3) days after delivery, by email to sales @ elmonaguillo.com or by phone at +34 965 636 000.
6. Return and claims policy.
As for packaged products, according to current regulations, the customer has the right to withdraw from the contract for a period of 14 calendar days from the date on which the order was received, without stating the reason and without incurring any other cost. of those provided for in Articles 107.2 and 108 (Article 102, Text Recast by RDL 1/2007).
In this case, the customer must return the products freight prepaid (in its original packaging, in good condition and with a copy of the invoice) to Bernabé Biosca Alimentación, S.A.U. in Ctra. Alicante-Valencia, Km. 120, 03560 El Campello (Alicante), Spain, for exchange or refund, at the customer's choice, without penalty. In case of refund, it will be made within a maximum period of 30 days and will be made by bank transfer or PayPal refund. The Monaguillo reserves the right to claim damages if the product has not been returned in good condition in its original packaging.
Regarding fresh products such as fruit and vegetables, according to the current regulations, the right of withdrawal is not applicable to the sale of food at a distance, as these are products whose conservation control is lost at the time of delivery and which, for Therefore, they can expire or deteriorate quickly (Article 103, section d, Text Recast by RDL 1/2007).
In this case, we will only proceed to the replacement or refund of the amount paid when the product is defective, has been damaged in transport or there is an error in the product sent exclusively to Bernabé Biosca Alimentación, SAU, for this the customer has the obligation to communicate it with a photo and copy of the receipt of the transport company in which it has been reviewed. You must contact the customer service and file a complaint no later than THREE (3) days after delivery, by email to ventas@elmonaguillo.com or by phone at +34 965 636 000.
7. The price and payment of the order.
The prices of the products indicated are in euros, taxes included and do not include shipping costs. The total price, VAT included, indicated in the confirmation of receipt of the order, is the total price of the order, including VAT and the cost of transport.
The customer can choose at the moment of the realization of his order to make the payment with a bank card (through PayPal) or by transfer.
For any payment, the associated banking provider guarantees a secure payment system and guarantees the confidentiality of the numbers communicated by the protection and cryptology procedures.
In the absence of payment authorization with PayPal or transfer, the order is canceled. Bernabé Biosca Alimentación, S.A.U. reserves the right not to respond to a customer's order in case of payment problems in previous orders.
Bernabé Biosca Alimentación, S.A.U. retains ownership of the products ordered until full payment of the price by the customer.
8. Guarantees.
Bernabé Biosca Alimentación, S.A.U. guarantees that its products come from the best sources, where they are controlled with the utmost care, following the strictest standards of quality and hygiene.
9. Suspension of the customer's identifier.
In the absence of payment of sums owed by the client, Bernabé Biosca Alimentación, S.A.U. You can suspend by right, immediately and until such sums are paid, the validity of the identifier.
10. Customer service.
In case of any difficulty, the client can send an email to: ventas@elmonaguillo.com Or a postal mail to: BERNABÉ BIOSCA ALIMENTACIÓN, S.A.U. Ctra. Alicante-Valencia, Km. 120, 03560 El Campello (Alicante), Spain. You can also call us by phone at +34 965 636 000.
11. Data protection.
When placing an order through El Monaguillo, the customer accepts the use by BERNABÉ BIOSCA ALIMETNACIÓN, S.A.U. of the personal data that concerns him, that he has communicated or that are collected through the operation of the site. This information is necessary so that we can process the orders. The client has the right to access, modify or oppose personal data concerning him. This information appears in the client's personal account and the client can access it at any time thanks to his username and password.
Through El Monaguillo, the client can be informed of our offers by phone or email if the client has previously accepted. If the client wishes to resign after receiving these offers, it is sufficient that he sends an email with his contact information to ventas@elmonaguillo.com.
12. Intellectual property.
All articles on the Monaguillo site, whether visual or audio, are protected by all related intellectual property rights. The client is prohibited from copying or downloading all or part of its content without the express prior consent of Bernabé Biosca Alimentación, S.A.U.
13. External links.
The Monaguillo site may contain hypertext links to other sites. Bernabé Biosca Alimentación, S.A.U. does not commit to any other site to which you can access through the website and is not in any way responsible for the content, operation, services offered and access to these sites.
14. Responsibilities.
Except for his own fault, Bernabé Biosca Alimentación, S.A.U. can not be held responsible for damages of any kind, material or immaterial or corporal that may result from the misuse of the identifier or the order placement procedure. In particular, the responsibility of Bernabé Biosca Alimentación, S.A.U. for any risk inherent in the use of the Internet, such as the suspension of the service, the intrusion or the presence of computer viruses.
15. The modifications.
Bernabé Biosca Alimentación, S.A.U. reserves the right to modify its service by right without any other formality and to make changes to the general terms and conditions online, which the client expressly accepts. Bernabé Biosca Alimentación, S.A.U. invites the client to read carefully the general conditions of sale in force in each order.
16. Integrity.
The nullity of any of the clauses of this contract in application of a law, a regulation or the result of a judicial decision that has the force of res judicata will not entail the nullity of the other clauses of the contract.
17. The protection of minors.
It is recalled that minors do not have the capacity to contract. Bernabé Biosca Alimentación, S.A.U. will not sell products to people under 18 years of age. If you do not have the age of majority, you should not continue with the purchase process.
Any customer who places an order on the site, declares under his / her own responsibility, when validating his / her order, be of legal age and have full capacity to act.
18. Litigation.
These general conditions of sale are subject to Spanish legislation. In case of dispute, the client will first contact Bernabé Biosca Alimentación, S.A.U. to find a friendly solution. Otherwise, the file will be taken before the competent courts.