Terms and conditions of purchase

1. INTRODUCTION

1.1 PRELIMINARY PROVISIONS:

This document (together with all documents referred to herein) sets out the terms governing the provision of services and the sale of MONTIBELLO haircare and beauty products on <montibello.com> (hereinafter, the “Terms”).

These Terms and Conditions of Contract and Purchase supplement the other legal notices on our website. Before accessing, browsing, using and/or purchasing products through this website, we therefore expressly ask the USER to read this legal text, the Legal Notice, the Privacy Policy and the Cookies Policy carefully and, if in doubt, to contact us by email at [email protected] (for enquiries about haircare products), by email at [email protected] (for beauty products), or by telephone on +34 934 784 800.

THESE TERMS MAY BE AMENDED. THE USER IS RESPONSIBLE FOR READING THEM REGULARLY, AS THE TERMS IN FORCE AT THE TIME OF PURCHASE OR USE OF THE WEBSITE WILL APPLY. THESE TERMS MAY BE CONSULTED AT ANY TIME.

1.2 WEBSITE OWNER DETAILS:

The provision of services and the sale of MONTIBELLO haircare and beauty products through the website are carried out by COSMÉTICA COSBAR, S.L., with Spanish tax identification number (CIF) B08207615, registered office at Calle Vall d’Aran, 15, 08820 El Prat de Llobregat (BARCELONA) and email addresses [email protected] or [email protected], the owner of the website (hereinafter, “COSBAR”). COSMÉTICA COSBAR, S.L. is registered in the Barcelona Commercial Registry, Sheet 3369, Folio 112, Volume 1582, Book 156, Section 3.

1.3 USER:

Accessing, using or browsing the website <montibello.com> confers USER status upon you.

1.4 LEGISLATION:

These Terms govern the sales relationship between COSBAR and the USER/CUSTOMER in accordance with applicable legal provisions, in particular Law 7/1998 of 13 April on General Contract Terms; Law 3/2014 of 27 March amending the consolidated text of the General Law for the Protection of Consumers and Users; Royal Decree 1906/1999 of 17 December 1999 regulating Telephone or Electronic Contracting subject to general terms; Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights; Law 7/1996 of 15 January on Retail Trade; and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.

2. PRIVACY AND COOKIES POLICY:

The information and personal data provided by the USER to COSBAR will be processed in accordance with our Privacy Policy and Cookies Policy.

When using or browsing the website and placing orders, the USER must consent to the processing of their personal data by COSBAR in accordance with the Privacy Policy and Cookies Policy made available to them. For further information:

PRIVACY POLICY: https://hair.montibello.com/en/privacy-policy/
COOKIES POLICY: https://hair.montibello.com/en/cookies-policy/

3. USE OF OUR WEBSITE AND USER OBLIGATIONS:

When using the services and making purchases through <montibello.com>, the USER undertakes to:

• Declare that all information provided is true, accurate, complete and up to date, and accept liability for any direct or indirect loss or damage arising from a breach of this obligation. COSBAR cannot process the order without the requested information.
• Warrant, when placing an order, that they are over 18 years of age and have the legal capacity to enter into a contract.
• Consent to our processing their personal data to contact them in relation to the order placed, in accordance with the Privacy Policy.
• Refrain from making any false or fraudulent purchase. If the website owner considers that the USER has made such a purchase, we will cancel the order and duly inform the relevant authorities.
• Use the website and the services provided by COSBAR through <montibello.com> appropriately and in accordance with the law.
• Refrain from reselling or redistributing products marketed by COSBAR.
• When registering an account, undertake to:
– Refrain from registering with deliberately false or inaccurate information or impersonating third parties.
– Use only the account registered in their own name, and refrain from using third-party accounts without the account holder’s prior express consent.
– Refrain from selling, trading or transferring the account to third parties.
– Accept sole responsibility for any activity carried out through their account and keep it up to date at all times.
– Maintain the strict confidentiality of their details and login credentials, as they accept liability for any loss or damage arising from a breach of that confidentiality.

COSBAR reserves the right to block or delete the accounts of USERS whose breaches of the terms set out herein, or of any other applicable general terms, are particularly serious or repeated.

PERSONS UNDER 18 YEARS OF AGE MAY NOT REGISTER AS USERS, CREATE AN ACCOUNT OR PURCHASE PRODUCTS.

4. PRODUCTS MARKETED BY COSBAR:

Through the website <montibello.com>, COSBAR markets and sells MONTIBELLO professional haircare and beauty cosmetic products in Spain. Details of the products marketed by COSBAR can be consulted on its website.
COSBAR sells its products in mainland Spain and the Balearic Islands (excluding the Canary Islands, Ceuta and Melilla).

5. PURCHASING PROCESS:

To purchase any of the products available on <montibello.com>, the USER has two options:

• Purchase as a “GUEST”, without registering or creating an account.
• Create an account via “CREATE AN ACCOUNT” and “SIGN IN” to purchase as a registered USER.

5.1 PURCHASING AS A GUEST:

5.1.1 The website <montibello.com> also allows guest purchases. If the USER wishes to purchase without registering, they must first select the products they wish to buy and add them to the basket, where they will be displayed, then click “CHECKOUT”.

5.1.2 To process the order, the USER will be asked to provide only the following essential information:

• First name and surname.
• Company name (optional).
• Customer address.
• Delivery address, if different from the customer address.
• Telephone number.
• Email address.
• Order notes (optional).
• Whether or not they are a customer of a MONTIBELLO salon.

5.1.3 After entering the requested personal data, the USER must read the website’s Terms and Conditions and Privacy Policy and accept them by ticking the boxes “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF PURCHASE AND CONTRACT” and “I HAVE READ AND ACCEPT THE PRIVACY POLICY OF COSMÉTICA COSBAR, S.L.”. They may then click “PLACE ORDER”.

5.1.4 The USER will then have the option to “PAY BY CARD”. The USER may pay using a VISA or MASTERCARD credit or debit card, or through REDSYS.

5.1.5 Once the USER has successfully completed the purchasing process, they will receive an email within a maximum of 24 hours acknowledging receipt of their order, confirming the transaction and the order, and providing the invoice electronically and/or on paper, according to their preferences. The external logistics company will also send them an order tracking code so that they can track the order at any time.

5.1.6 During the purchasing process, COSBAR will offer the option to register as a USER.

5.2 PURCHASING BY REGISTERING AN ACCOUNT:

5.2.1 The website <montibello.com> allows purchases as a registered user. The USER may therefore select all the products they wish to purchase, which will appear in the basket, and register on the website either before or afterwards.

5.2.2 The USER may register via “CREATE AN ACCOUNT” to make a purchase. The first step is to register by providing the following personal information:

• Email address.

5.2.3 Once the USER has registered with their username and password, COSBAR will send them a confirmation email together with the password.

5.2.4 Once registered, the USER may sign in at any time by clicking “SIGN IN”.

5.2.5 Once the USER has selected the products they wish to purchase, they must click “CHECKOUT” to proceed with the order.

5.2.6 To process the order, the USER will be asked to provide only the following essential information:

• First name and surname.
• Company name (optional).
• Customer address.
• Delivery address, if different from the customer address.
• Telephone number.
• Email address.
• Order notes (optional).
• Whether or not they are a customer of a MONTIBELLO salon.

5.2.7 After entering the requested personal data, the USER must read the website’s Terms and Conditions and accept them by ticking the box “I HAVE READ AND AGREE TO THE WEBSITE TERMS AND CONDITIONS”. They may then click “PLACE ORDER”.

5.2.8 The USER will then have the option to “PAY BY CARD”. The USER may pay using a VISA or MASTERCARD credit or debit card, or through REDSYS.

5.2.9 At any time, the USER may amend their details (name, address, telephone number, password or add a new address) and manage their preferences through the settings under “MY ACCOUNT” and “ACCOUNT DETAILS” or “ADDRESS”, or close their account by writing to: [email protected], or by sending a registered letter to the registered office of COSMÉTICA COSBAR at the following address: Calle Vall d’Aran, 15, 08820 El Prat de Llobregat (BARCELONA), marked for the attention of personal data protection.

5.2.10 Once the USER has successfully completed the purchasing process, they will receive an email within a maximum of 24 hours acknowledging receipt of their order, confirming the transaction and the order, and providing the invoice electronically and/or on paper, according to their preferences. In addition, the external logistics company will send them an order tracking code so that they can track the order at any time.

6. TERMS OF PURCHASE:

6.1 PRICE:

The prices of products shown on the website include Value Added Tax (VAT) at the legally applicable rate in force at the time and are always expressed in euros (€).

Delivery charges are not included in the final product price and will be added to the total amount. Delivery charges are payable by the USER. However:

• Delivery will be free of charge to the USER for orders to mainland Spain or the Balearic Islands exceeding €30.
• Delivery charges for purchases under €30 will be €3.99.

Prices may change at any time. Such changes will not affect orders or purchases that the USER has successfully completed and for which they have therefore received a confirmation email.

6.2 VALUE ADDED TAX:

In accordance with Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of goods will be deemed to take place within the territory in which Spanish VAT applies if the delivery address is in Spanish territory, excluding the Canary Islands. The applicable VAT rate will be the legally applicable rate in force at the time for the specific item concerned.

6.3 PAYMENT:

Once the USER has selected the items they wish to purchase and wishes to process the order, they must make payment, which may be made using VISA or MASTERCARD credit or debit cards and REDSYS.

The USER declares that, by clicking “PLACE ORDER”, “REVIEW ORDER” and “PAY”, they confirm that the credit or debit card belongs to them.

The USER should bear in mind that credit or debit card payments are normally subject to subsequent checks and authorisation by the banking institutions. If authorisation is not granted, COSBAR will not be liable for the failure to authorise payment and, consequently, for the failure to conclude a contract with the USER.

6.4 INVOICING:

Before sending the invoice to the USER, COSBAR will ask whether they prefer to receive it electronically or on paper, on the basis of their express consent. In any event, if the USER has authorised COSBAR to send the invoice electronically, they may request a paper copy at any time by emailing [email protected] or [email protected]. COSBAR will then send the invoice to the postal address indicated.

The USER may withdraw their consent at any time, without affecting any processing previously carried out by COSBAR.

6.5 DELIVERY:

Once the USER has successfully placed the order and COSBAR has sent the email acknowledging receipt, the USER will receive their order at the address provided within 2–3 working days and, in any event, within a maximum of 30 calendar days. COSBAR does not deliver on public holidays. Delivery will be carried out by Correo Express.

Unforeseen exceptional circumstances may affect the delivery date.

If COSBAR cannot meet the delivery date, it will inform the USER and offer the option to proceed with or cancel the order and receive a full refund of the price paid.

If the address provided by the USER is incorrect, COSBAR will contact the USER by mobile telephone and/or email.

Once the order has been successfully delivered, the USER will receive confirmation from the carrier at the email address provided, stating “YOUR ORDER HAS BEEN DELIVERED”.

6.6 EXCHANGES AND RETURNS POLICY:

6.6.1 STATUTORY RIGHT OF WITHDRAWAL:

The USER has the right to withdraw from the contract within 14 calendar days of taking physical possession of the products ordered and receiving the “DISPATCH CONFIRMATION”, without giving a reason and without incurring any costs, except where the product has been unsealed after delivery, for health protection and hygiene reasons. We therefore expressly ask any USER wishing to exercise their right of withdrawal to keep the purchased product sealed and in good condition, as delivered. COSBAR will not refund the order if the product is not in the same condition as when it was delivered.

The right of withdrawal may be exercised in whole or in part within 14 calendar days of taking possession of the product and must be exercised by emailing [email protected] or [email protected], which the USER may use to exercise this right if they so wish; however, its use is not mandatory.

If the right of withdrawal is validly exercised, COSBAR will refund the USER the total amount paid, including delivery charges, using the same payment method used to purchase the products.

6.6.2 CONTRACTUAL RIGHT OF WITHDRAWAL:

The USER has 14 calendar days from receipt of the purchased product and the “DISPATCH CONFIRMATION” to return their products, except where the product has been unsealed, for health protection and hygiene reasons. We therefore expressly ask any USER wishing to exercise their right of withdrawal to keep the purchased product sealed and in good condition, as delivered. COSBAR will not refund the order if the product is not in the same condition as when it was delivered.

The USER may exercise their contractual right of withdrawal by emailing [email protected] or [email protected].

7. PRODUCT AVAILABILITY:

All products marketed by COSBAR through its website are subject to availability, as shown on the website. If COSBAR has difficulty supplying its products or they are out of stock, COSBAR will inform the USER and then refund the price paid as soon as possible.

8. ERRORS:

If the USER notices any errors in their personal data during registration, they may amend them under “ACCOUNT DETAILS” and “DELIVERY ADDRESS”.
If the order was placed without registering, the USER may correct errors in the personal data provided during the purchasing process by contacting the DPO, and may exercise the right to rectification set out in the Privacy Policy by emailing [email protected].

This website displays confirmation windows at various stages of the purchasing process that prevent the order from proceeding if the information in those sections has not been provided correctly. We also display details of all items added to the “basket” during the purchasing process so that, before making payment, the USER can amend their order details or correct any errors.

If the USER notices an error in their order after completing the purchasing process, they must contact us immediately at [email protected] or [email protected] to correct it.

9. INABILITY TO DELIVER:

The courier company will make two attempts to deliver the order.

If delivery to the address specified at the time of purchase is not possible, the courier company will leave a note or contact the USER by email or telephone. If delivery cannot be completed, the order will be returned to the sender. The USER will be informed once COSBAR has received the products and will be offered redelivery, with all delivery costs payable by the USER. If the USER no longer wishes to receive the product and it is in perfect condition, COSBAR may refund the amount paid, excluding delivery-related charges, which are non-refundable.

10. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

The contract is binding on both the USER and COSBAR, and on the successors, assignees and legal successors of both parties.

The USER may not transfer, assign, charge or otherwise dispose of a contract or any rights or obligations arising from it without COSBAR’s prior written consent.

COSBAR may transfer, assign, charge, subcontract or otherwise dispose of a contract or any rights or obligations arising from it at any time during its term.

For the avoidance of doubt, such transfers, assignments, charges or other disposals will not affect the USER’s statutory rights or cancel, reduce or otherwise limit any express or implied warranties we may have given them.

11. FORCE MAJEURE:

COSBAR will not be liable for any failure or delay in performing its obligations where this results from events beyond our reasonable control (a “Force Majeure Event”).

Force Majeure Events include any act, event, failure to act, omission or accident beyond our reasonable control, including, among others:

• Strikes, lockouts or other industrial action.
• Civil unrest, riot, invasion, terrorist threat or attack, war (whether declared or not), or the threat of or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use railways, ships, aircraft, motor transport or other means of public or private transport.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Our obligations will be deemed suspended for as long as the Force Majeure Event continues, and we will be granted an extension of time to perform those obligations equal to the duration of the Force Majeure Event.

COSBAR will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution enabling us to fulfil our obligations despite it.

12. SEVERABILITY:

If any of these Terms or any provision is declared null and void by a final decision of the competent authority, the remaining terms and conditions will remain in force and will not be affected by that declaration of invalidity.

13. ENTIRE AGREEMENT:

These Terms and any document expressly referred to herein constitute the entire agreement between the USER and COSBAR. They supersede any previous arrangement, agreement or promise made between us, whether orally or in writing.

Both parties acknowledge that, in entering into a contract, they have not relied on any statement or promise made by the other party, or which might be inferred from any statement or document in the negotiations between them before the contract, except as expressly stated in these Terms.

Neither the USER nor COSBAR will have any remedy in respect of any untrue statement made by the other party, whether orally or in writing, before the date of a contract (unless such untrue statement was made fraudulently), and the only remedy available to the other party will be for breach of contract in accordance with these Terms.

14. COSBAR’S RIGHT TO AMEND THESE TERMS:

COSBAR RESERVES THE RIGHT TO REVIEW AND AMEND THESE TERMS AT ANY TIME.

The USER is subject to the Policies and Terms in force when using the website or making each purchase, unless we are required by law or by a decision of a governmental body to make retrospective changes to those Policies, Terms or Privacy Statement, in which case any changes will also apply to purchases previously made.

15. APPLICABLE LAW AND JURISDICTION:

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

Any dispute arising from or relating to the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts, specifically the courts of Barcelona, unless the consumer’s local courts have jurisdiction by law.

In accordance with REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 on online dispute resolution for consumer disputes, we inform you that you are entitled to seek online resolution of a consumer dispute with us through the European Online Dispute Resolution Platform, available at the following link (the European Online Dispute Resolution Platform):

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES.

16. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS:

We welcome your comments and suggestions. Please send these, together with any enquiries, complaints or claims, through the “CONTACT US” section of the website.