Terms and Conditions

Introduction

These Terms and Conditions establish the legal framework for the use of the website http://www.monikateruelo.es (Website) and the purchase of Products from Mónika Teruelo. The purchase of any product offered on the Website (Product) is subject to these Terms and Conditions. By making a purchase of any Product, you agree to be legally bound by these regulations. We recommend printing a copy of these Terms and Conditions for future reference. The use of personal information provided through or via the Website is subject to our Privacy and Cookies Policy. We reserve the right to change these Terms and Conditions whenever deemed necessary. Modifications will be published on the Website and will not affect any purchase order you have already placed with us.

Access to the Website

It is your responsibility to ensure that your equipment—computer, laptop, netbook, tablet, or any other mobile device—meets the necessary technical specifications to access and use the Website. We may, when deemed necessary, restrict access to some tools, parts, or content of the Website, or the Website in general, including registered users. You must ensure that any registration details you provide are accurate and correct. If you choose or are assigned an access ID to the Website—such as a username and password, or any other form of identification—as part of our security procedures, you must treat this information as confidential and not disclose it to third parties. You are responsible for any activity carried out under your access ID or form of identification. Notify us immediately of any unauthorized activity or any other security breach. We reserve the right to disable any ID or form of identification at any time we deem appropriate. We may also disable it if, in our judgment, you have not complied with any clause of these Terms and Conditions. Additionally, we will disable your account if it is found that any detail or information you provided to register as a user is false.

Products

The Products are owned by Mónika Teruelo, as is their sales process on the Website. Mónika Teruelo strives to offer the most accurate descriptions of its Products for sale. However, we cannot guarantee that all descriptions are entirely correct, complete, reliable, or free from error. The images of the Products on the Website are for illustrative purposes only. Despite our efforts to display colors as accurately as possible, we cannot guarantee that your computer will display and/or reflect the exact colors of the Products. As a consumer, you have legal rights regarding defective Products or those that do not comply with their description. You can seek advice on these legal rights from your local Consumer Affairs office or various Consumer Rights organizations. Nothing included in these Terms and Conditions will affect those legal rights. The Products sold are supplied for domestic and private use only. You agree not to use the Products for commercial or resale purposes. Mónika Teruelo is not responsible for loss of profits, loss of business, business interruption, or loss of business opportunity.

Orders and Availability

Products can be ordered by clicking on the items you wish to purchase and then following the instructions on the screen. You can verify and correct any input errors until you submit your order by clicking the “Pay now” button on the page. After placing an order, you will receive an email confirming that we have received it, along with a reference number. Please note that this does not mean your order has been accepted. Your order constitutes an offer to purchase a Product. All orders are subject to our approval. We are not obliged to accept your order and may, at our discretion, reject it. However, by clicking the “Pay now” button, you agree to the obligation to pay for the ordered Product(s). When your order is accepted, we will confirm such acceptance through an email. This will inform you that the Product(s) has/have been dispatched (Shipping Confirmation). The Contract between us, regarding the purchased Product(s) (s) (Contract), will only be formal when we send you the Shipping Confirmation. After the Contract comes into effect, we have a legal obligation to supply you with the Products listed in the Contract. The Contract will only relate to the Product(s) whose shipment has been confirmed in a separate Shipping Confirmation.

Delivery

Your order will be delivered on the delivery date stated in the Shipping Confirmation. If no delivery date is specified, it will be made within 30 days after the date of the Shipping Confirmation—unless there are exceptional circumstances. Your order will be delivered to the address you specify. If your delivery address is geographically remote, such as certain peripheral islands or other isolated locations, we may not be able to process it. If that is the case, we will notify you before accepting an order. We reserve the right not to deliver to any country prohibited by current export laws. Orders cannot be delivered to post office boxes or similar addresses. Products included in the same order cannot be delivered to different addresses. Deliveries will be made through our qualified courier service and take place from Monday to Friday—or other working days in countries that do not follow a Western workweek pattern—excluding bank holidays and public holidays. The schedule is typically from 8:00 to 17:00. It is not possible to specify the exact time of delivery. Please note that the courier service may require your signature for the delivery of the order. If you purchase Product(s) for international delivery, customs authorities may open and inspect the package. It may be subject to import duties and taxes that apply when the delivery reaches the specified destination. You will be responsible for paying such import duties and taxes. Note that we have no control over these charges and cannot predict their amount. We appreciate you contacting your local customs office for more information. In the event of returning an item, import duties will be refunded if they were originally included in the purchase price. If they were not included, you will be responsible for claiming that service directly from your customs office. In certain circumstances, our associated courier service will provide you with the following options for the delivery of your order: (a) omission of the signature: excluding the requirement for your signature at the time of delivery; and/or (b) delivery to the neighbor: an option that allows the package to be delivered to your neighbor (“customized delivery options”). By selecting “customized delivery options” for receiving your package, you acknowledge and agree that Mónika Teruelo will not assume any responsibility or obligation for any loss or damage caused to the order by fulfilling your delivery request.

Risk and Ownership

The Products purchased will pass to your risk and discretion from the moment of delivery or collection—whichever is applicable. Ownership of the ordered Products will also belong to you upon delivery, provided that full payment of all amounts due in relation to the Product(s)—including shipping costs—has been received.

Price and Payment

The prices of the Products are those displayed on the Website and may change from time to time. Prices include VAT but exclude, where applicable, shipping costs. These will be automatically added—to the displayed price—to the total amount owed when you view items in your shopping bag and have selected your preferred shipping method. Prices and shipping costs may vary at any time. These changes will not affect orders for which a Shipping Confirmation has already been issued. The Website contains a large number of Products, and despite our best efforts, some may show an incorrect price on the Website. We will generally check prices as part of our shipping procedures so that, when the correct price of a Product is lower than set, we will invoice you the lower amount. If the correct price of a Product is higher than that indicated on

the Website, normally, and at our discretion, we will contact you for instructions before proceeding with the shipment of the Product, or we will reject your order and notify you. Payment for all orders must be made with a credit card, debit card, PayPal, or other payment method on the appropriate checkout page. We accept most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer. We are not responsible if your card issuer does not authorize payment for your order. We also carry out a standard pre-authorization check on your payment card, and ordered Products will not be shipped until this pre-authorization check is completed. Please note that your card issuer may charge you an additional fee for online processing or a processing fee. We are not responsible for these charges. From time to time, we may provide promotions in which we issue discount codes. These can be used in partial payment of the price of the ordered Product(s) online, subject to the Terms and Conditions under which they were issued—as indicated in the promotion where you obtained the code. Discount codes can only be used once, during the specified validity period, and with respect to the Products featured in the promotion. Discount codes cannot be redeemed for cash.

What You Are Allowed to Do

You may use the Website only for non-commercial purposes in accordance with these Terms and Conditions. You may receive and display content from the Website on a computer screen, print and copy individual pages, and, subject to the following section, store such pages in electronic format. Additional terms may also apply to certain tools, parts, or content of the Website. When applicable, they will be displayed on the screen. They can be accessed through a web link.

What You Are Not Allowed to Do

In addition to the measures expressly established in these Terms and Conditions, you are not allowed to:

  • Store Website content on a server or other storage device connected to a network. Creating an electronic database by downloading and systematically storing all the content of the Website is not permitted.
  • Delete or alter any content on the Website. Attempt to bypass security, interfere with the proper functioning of the Website, or the servers on which it is hosted.
  • Create links or connections to the Website from any other website without our prior consent. This must be requested in writing. While our Page may be linked to a website operated by third parties, provided that the link is not misleading and indicates its destination, it does not imply our approval. The link through a hyperlink should not reproduce or emulate the homepage of our Website. And the linked website should not display any content that is illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or infringing on intellectual property or other rights.

You must only use the Website and everything available on it for legal purposes —complying with all applicable laws and regulations— responsibly, and not in ways that could harm our name or reputation.

Content

We may change the format and content of the Website whenever we deem it appropriate. You accept the use of the Site “as is” for its content, “as available,” and at your own risk. While we work to ensure that all information displayed on the Site—excluding user-generated content—is accurate, this does not constitute any authority to be relied upon. You should consult with us or the relevant information source before taking any action based on any information. We make no representation or warranty regarding the accuracy, completeness, timeliness, correctness, reliability, quality, suitability, or originality of the content on the Website. To the extent permitted by law, all implied warranties, conditions, or other terms of any kind are hereby excluded. We also accept no responsibility for loss or damage resulting from the use of the Website. We cannot guarantee that any content on the Site is free from viruses and/or other codes that may contain contaminating or destructive elements for your software. It is your responsibility to implement appropriate security measures—including antivirus and other security checks—to meet your specific content security requirements.

External Links

The Website reserves the option, when necessary, to add links to external sites that may include links to third-party offers and promotions. We include these links to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or anything provided by them. We do not guarantee that they will be continuously available. The inclusion of links to such external sites does not imply any relationship or association with their operators or promoters.

Our Responsibility

Nothing in these Terms and Conditions will limit or exclude our liability to you:

  • For death or personal injury caused by our negligence.
  • For fraudulent misrepresentation.
  • For breach of terms implied by the Consumer Code. Italian Legislative Decree (206/2005) and that, by law, cannot be limited or excluded under the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
  • For any other liability that, by law, is not limited or excluded.

Subject to this, in no event will we be liable for any business loss. Our liability for losses you suffer as a result of a Contract will not exceed the purchase price of the Products in question. Such liability will be strictly limited to losses that were foreseeable. Losses are foreseeable when they could be contemplated by you and us at the time your order is accepted. We will not be responsible for any breach or delay in the performance of any of our obligations under a Contract when this delay is caused by events that are reasonably beyond our control.

General

You may not transfer or assign any of your rights or obligations related to any Contract. All notices you send to us must be in writing to the address provided at the end of these Terms and Conditions. We may send you a notice to the email address or postal address you provided when placing your order. If we do not enforce any of our rights, it does not imply that we have waived them. If any clause of these Terms and Conditions is determined to be unenforceable, all other clauses will not be affected. These Terms and Conditions cannot be changed except with our express written consent. These Terms and Conditions, together with any documents expressly mentioned in them, represent the entire agreement between you and us regarding the subject of a Contract. These Terms and Conditions will be governed by Spanish law. The Ibiza Court will have exclusive jurisdiction over any dispute arising from the use of the Website or in connection with these Terms and Conditions—except for any rights under applicable laws to establish legal proceedings in the place of your residence or domicile.

Contact Us

Send your questions or concerns about these Terms and Conditions, an order you have placed, or any general inquiries via email to the following address: hello@monikateruelo.es.