TERMS AND CONDITIONS GENERAL CONDITIONS OF SALE, CONSUMERS AND USERS OF Monigots, SCP. Company of Spanish nationality with fiscal domicile, CP: 43850 Calle riu glorieta 16, Esc 3, planta 3 Puerta A. Registered in the Mercantile Registry of Barcelona, with CIF J72552722.
1. Orders and customers Any order implies the express and unreserved acceptance by the customer of these general conditions of sale. Buyer is any natural or legal person of any nature that acquires Monigots products, regardless of whether they act directly or indirectly, who does not have the status of consumer or user in accordance with Spanish Law. Orders can be placed through our website www.monigots.com, by e-mail, by phone or at our facilities.
Once you have placed your order, we will send you an email confirming receipt of shipment. The buyer will be bound by the general conditions, which he expressly and irrevocably declares to know, understand and accept without reservation. For these purposes, the general conditions are an inseparable part of the contractual relationship between the parties, with the acceptance of the buyer expressly, voluntarily and without reservation together with the signature and acceptance of the same or since Monigots informs of its existence in the website (www.monigots.com).
In any case, the conditions will be accepted as soon as Monigots provides the buyer with a copy thereof or as soon as its existence is reported, by any means, on the www.monigots.com website. Orders are validated until 6:00 p.m. on weekdays; After this time they will be registered the next business day. Business days are considered all days from Monday to Friday except the following: 1/1, 1/6, 1/5, 8/15, 10/12, 11/1, 12/6, 12/8, 12/25 and Easter Friday.
The Company maintains 24-hour access to the website, and cannot be held responsible in the event of service interruption, especially for reasons of maintenance or technical problems. Any order cancellation will not be possible without the acceptance of the Company and will be confirmed in writing by email or will appear in the “monitoring” tab of our platform www.monigots.com. Once the file control has passed, the cancellation will have a cost that will vary according to the amount of the order and this will be indicated just when carrying out said action. It is necessary to pay this cost to cancel the order.
The Company may subcontract to external companies or entities for cases in which the service contracted by the client so requires. These subcontracts are backed by commercial contracts that guarantee the security of the information and the confidentiality of the client’s data.
2. Price The sales prices published on the company’s website are valid but may be subject to eventual variations and may be modified without prior notice.
The prices will be invoiced based on the rates in force on the day of the order, and are without VAT, in euros and with transport included in Spain, the Peninsula and the Balearic Islands.
3. Payment methods 3.1. Payment for orders can be made in 4 different ways:
By online bank card. By Bank transfer. By direct debit within 30 days (after opening the account and agreement with our credit insurer).
3.2. No discount will be accepted for prompt payment.
3.3. In the case of transfer payment, manufacturing will only start after receiving them. In the same way, in the case of payment by direct debit within 30 days, production will only begin after receipt of the agreement from our credit insurer.
3.4. According to European legislation, each debtor will receive a notification by e-mail at least 5 working days before the date of submission of the Sepa deduction. This notification will mention the expected amount, the creditor’s ICS and the customer’s RUM.
3.5. In case of non-payment, Monigots warns you that an amount equivalent to 3 times the bank rate will be invoiced. This value corresponds to the concepts of management of the return and bank charges.
3.6. In the event that Monigots has to make a refund by transfer, this will be done on the 20th or 30th of each month.
4. Billing At Monigots, an invoice is issued for each of your orders that will contain all the details necessary for its management. This invoice will be available from the payment date or from the issue date if you use the 30-day direct debit payment method.
5. Delivery times
5.1. Our production and delivery times are expressed in working days. For deliveries with national transport, the estimated period is 24 hours up to a maximum of 72 hours. In the case of national shipments, international shipments must be previously consulted.
Transport costs are those set by the courier according to weight and destination, which are calculated at the time of placing the order.
5.2. The delivery will be made at the address indicated by the Customer and confirmed in the acceptance of the order, and will be considered as made at the time the order arrives at that address.
5.3. Delivery times are given for information purposes and without guarantee. In no case, a production delay can lead to a cancellation, a rejection of the merchandise. Monigots will not be in any case responsible for possible damages caused by the delay in delivery.
5.4. The indicative terms that appear on monigots.com may vary if the Client’s files must be updated, or if they are not compliant and should be sent back to the company. If your file is blocked, the term will be suspended and will continue after your confirmation validation.
5.5. Manufacturing can only be carried out if the client is up to date with his obligations and if there is no delay in payments, including payments corresponding to other orders.
5.6. Goods travel with the risks and dangers inherent to transport. The recipient must verify the good condition of the order at the time of delivery. This verification must include quality, quantity and references of the goods and the fulfillment of the order. Transportation times are not guaranteed.
5.7. Any delay, whether due to the non-delivery of the files by the Client, due to the validation of the color proof or due to an occurrence of force majeure, will cause the application of additional deadlines.
6. Force majeure In case of force majeure that delays, prevents or makes the execution of the sale financially exorbitant, the consequence is the suspension of the contractual guarantees with the Monigots Company. A case of force majeure is any event of any nature that reasonably escapes the control of one or the other of the parties, such as a fire, a breakdown in the supply of raw materials, a power outage or a breakdown of machines making it impossible to execution of the work entrusted to the agreed deadlines, strike or blockade, interruption of the means of transport whatever the cause, legal or regulatory provisions that affect the production or delivery of the products.
7. Claims
7.1. In accordance with paragraph 5 of article 6 of this document, any deterioration of the merchandise or packaging, quantity error, etc., found upon receipt of the package must be noted on the delivery note. In no case, disputes with carriers can justify non-payment of invoiced goods.
7.2. No claim regarding the quality of the merchandise will be taken into account beyond a period of 30 calendar days after the effective receipt of the merchandise according to the date of signing the delivery note of the carrier. The claim must be made from the monitoring/quality claim tab of the web.
7.3. In case of defective delivery, our company only guarantees the exchange of the merchandise for a product in accordance with the requirements of the order, expressly excluding all damages suffered directly or indirectly, particularly in the event of a situation of cause majeure, of fortuitous cause or in case of an event that has made it impossible for our company to carry out its obligations.
7.4. Taking into account the uses and customs of the profession and the technical limits inherent to our production processes, our Company is not obliged to ensure a delivery of the exact quantity provided for in the order. The Client must accept a tolerance of approximately 5% of the planned quantities.
7.5. quality or refund. Every Client can take advantage of our quality commitment or reimbursement. In this case, the return of the defective merchandise must be sent to Monigots SCP, CP: 43850 Calle riu glorieta 16, Esc 3, planta 3 Puerta A.
will mean a reprint or the issuance of a credit of 100% of the price of the order in the customer’s account.
This option is accessible during the 16 calendar days after the date of delivery of the merchandise.
8. Penalty clause The absence of full payment on the initial due date, even if the Company has consented to an extension, automatically entails the Client’s obligation to pay interest calculated at the European Central Bank (ECB) rate, which corresponds to the reference rate (4.25 on August 28, 2008) increased by 7 points, that is, 11.25%, applied from the delivery date without prior notice being necessary.
The Company will be empowered to demand, in the case of subsequent orders, payment in cash, as well as full payment of the amounts owed. In the event that the collection has to be managed through the courts, and regardless of the Company’s right to cancel the contract with the client who does not comply with all its obligations, compensation will be added to the total invoice: 10% of the amount owed or the actual expenses incurred if they are greater than 10%, apart from the interest for the delay.
9. Files, images, lettering, corporate designs…
9.1.The Client owns the reproduction rights of the documents, images, logos, characters, etc. that you entrust to the Company to print, and that benefit from the laws on intellectual property.
In cases where the data, documents, images, logos, characters, etc. are owned by a third party, it is presumed that the Client has the necessary consent. Monigots is not responsible for the unauthorized use of images by users or for any type of violation of the rights of third parties that may exist on them. Therefore, the Client exempts Monigots from all responsibility towards third parties that could allege violations of intellectual property rights, damage to the image, honor, decorum, moral integrity or any patrimonial or non-patrimonial damage caused by the printing of the images and by the contents uploaded by the user himself.
In any case, Monigots reserves the right to block any request that represents a violation of the intellectual property rights of third parties or whose contents are defamatory, violent or do not respect morality.
9.2.The computer files necessary to manufacture the printed product must be provided by the Client. They must strictly comply with our technical requirements, especially the prescriptions of our prepress guide available online.
9.3. He is particularly convinced that the Client is a professional capable of understanding and applying the necessary technical specifications of our prepress guide.
9.4. We print mainly in sheets (meaning grouped with jobs from other clients), so the Client unreservedly accepts the technical limitations that this type of printing entails: Finish tolerances of around 1mm. Slight color variations. In case of reprinting, even starting from identical files, the reproduction of the colorimetry may not be 100% identical.
Monigots is not responsible for defects in printing, colorimetry, characters, overprinting, cut text, image conversion that are present in the Client’s files.
9.5. The Client acknowledges that he is informed that design programs never guarantee a 100% resolution of the file that appears on the screen, and that it can lead, on the occasion of successive treatments, to results different from a screen view or a printing on connected photocopier.
9.6. Monigots reserves the right to make some changes that it deems necessary in the files provided by the Client and that do not comply with the technical specification (bleeds, format, conversion from Pantone© to CMYK, conversion from RGB to CMYK, etc.).
Likewise, the Company reserves the right to reject any order in case the files do not meet the basic technical specifications. For these reasons, the Company will not be held responsible for non-compliance with technical requirements.
9.7. To limit these risks, it is recommended to perform a calibration test (color test) to ensure the integrity of the file you want to print. The Company does not make the required correction of the file, in this case, the Client undertakes to provide a new .
10. RESPONSIBILITY OF PROFESSIONAL CLIENTS
The Client provides the necessary files for printing his order. The Client is solely responsible for all the content and accuracy of his files, for which the Monigots company is not subject to any obligation of control.
In addition, the client is solely responsible for obtaining all necessary administrative and private authorizations related to the operation of the printed product. The Customer is solely responsible for the negligence of legal requirements, including the obligation to include the identity of the printer. Monigots is totally exempt from liability. Monigots in no case assumes the client’s obligations related to their obligation to process the ISBN and constitute the legal deposit, when said procedures are required by current legislation.
11. MARKETING AND PROFESSIONAL TOOLS The Monigots company makes sales aid marketing tools available to its professional clients such as product catalogues, online catalogues, sample kits, etc. Marketing tools are covered by the intellectual property rights owned by the Monigots company. The Client acknowledges the existence and ownership of these rights of the Monigots company and acknowledges that he has permission to use them at the appropriate time within the strict limits of these terms. It is prohibited to use or exploit it in any way on its own behalf or on behalf of third parties, directly or indirectly, in Spain or abroad. Consequently, the Monigots company has only the power to proceed, on its behalf and in all countries, to the mandatory or optional formalities, such as the deposit, linked to the appropriation and protection of the rights referred to in the Tools of marketing.
The Client is prohibited from proceeding with any deposit, in Spain or abroad, of industrial property rights or intellectual property rights or even from claiming any right in relation to the marketing tools of the Monigots company.
In addition, retail clients can use the marketing tools, the exclusive property of the Monigots company, under the conditions stated after approval: The professional Client must be up to date with his payments and be a professional registered on the web. Failure to comply with all of the above entails the prohibition to use all marketing tools and supplementary supports. Monigots reserves the right to denounce in case of unauthorized use or of the marketing tools. By express agreement between Sociedad Monigots and its clients, the marketing tools are placed
12. LOPD In accordance with the provisions of the current regulations on Protection of Personal Data, we inform you that your data will be incorporated into the treatment system owned by Monigots with CIFJ72552722 and registered office at CP: 43850 Calle riu glorieta 16, Esc 3, planta 3 Puerta A, in order to answer your queries and send you related information that may be of interest to you. In compliance with current regulations, Monigots informs that the data will be kept for the period strictly necessary to comply with the aforementioned precepts. As long as you do not notify us otherwise, we will understand that your data has not been modified, that you agree to notify us of any variation and that we have your consent to use it for the aforementioned purposes. Monigots informs that it will proceed to treat the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. That is why Monigots undertakes to adopt all reasonable measures so that these are deleted or rectified without delay when they are inaccurate. In accordance with the rights conferred on you in current data protection regulations, you may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of your personal data as well as the consent given for the treatment of the same, directing your request to the postal address indicated above. Likewise, we inform you that you can contact Monigots, by writing to the email address admin@monigots.com or by telephone 722 854 368. You may contact the competent Control Authority to present the claim you deem appropriate
13. JURISDICTION CLAUSE In the event of a dispute, whether it is about the performance of work or about the present and general conditions of sale, only the Spanish courts and tribunals will be competent, even in the case of multiple defendants or a call in forced intervention.