The following Terms & Conditions will govern the use of the website https://www.lamontoliva.com and the purchase of products through this website, owned by Marià de Magrinyà Calaf (hereinafter La Montoliva). Acceptance of these Terms & Conditions implies that the user:

• has read, understood and agreed with this text,
• is a person with sufficient capacity to buy,
• assumes all the obligations set forth herein.

These Terms & Conditions will have an indefinite period of validity and will be applicable to all contracts made through the website lamontoliva.com (hereinafter Website). La Montoliva reserves the right to unilaterally modify these conditions, without this affecting the products or promotions that were acquired prior to the modification except for some error.

Identity of the parties
On the one hand, the provider of the goods or services contracted by the user is La Montoliva with its registered office at:

Mas La Montoliva

Carretera entre Vilallonga del Camp i Selva del Camp s/n

43141 Vilallonga del Camp (Tarragona / Spain)

Telephone: +34 609 25 91 67

Contact email: info@lamontoliva.com

On the other hand, any user who accesses the Website and contracts any product, agrees to submit to the current general conditions. The user must have read these conditions carefully before making a purchase.

The Terms & Conditions presented on this page are only for orders placed through the Website.

The store only allows purchases made in Catalonia, Spain and in the rest of the countries of the European Union.

The only currency used to pay for the products is the euro €. The purchase procedure may be carried out in Catalan, Spanish or English language.

For any information about the order, the user may contact via phone +34 609 25 91 67 or via email to info@lamontoliva.com.

The purchase procedure is carried out completely electronically through the Website.

The user only must select the product he wishes to purchase and press the “add to cart” button.

All products included in the “cart” may be removed, each time the user proceeds to do so. If the user changes any of the data entered, the summary shown on the screen will be automatically adjusted.

In order to know the total amount to be paid, the user may use an option to calculate the shipping costs based on the shipping address. The user just selects the country and the province/region as desired destination and clicks on the “Calculate” button. Thus, the shopping cart screen is updated showing the calculated shipping costs which also appear in the cart total, completing the amount to be paid.

If desired, the user may continue with his purchase. All the selected products included in the shopping cart are kept, until the user clicks on the button to proceed to checkout, thus moving to the actual purchasing phase.

To end the checkout process, the user must fill in the form with his personal data and the billing and shipping information. At the end of this form he will find the option to register where he only has to add the username and password to access the personal account later. Registering for a personal account has the advantage:

• to not have to re-enter the personal data in the case of making a new purchase
• to have access to the information of all previous purchases.

The user must read and expressly accept the terms and conditions of use and the privacy policy of the Website before proceeding to the final step in the checkout process.

Once concluded, a summary screen of the purchase made will be displayed. A summary of said purchase will also be received by email.

This notification confirms that the purchase has been made successfully and serves as an accreditation for any type of claim, as long as the corresponding proof of payment is attached. In case of not receiving said email notification, the “spam” directory of the mail program should be checked, as it might have been detected as spam. If it is not found there, please notify La Montoliva as fast as possible so as to solve the problem.

The prices of the products offered on the Website are shown in the Euro currency (€).

The prices displayed next to each product do not include VAT and can be viewed from the beginning of the purchase. Taxes will be specified in the summary of the shopping cart before proceeding to checkout.

La Montoliva reserves the right to make, at any time and without prior notice, the price modifications it deems appropriate. Once the order is placed, the prices will be maintained.

Any payment made to La Montoliva entails the issuance of an invoice on behalf of the user or of the company name he has indicated at the time of placing the order. The invoice will be sent together with the purchased products.

La Montoliva offers different forms of payment for the user to choose the one that suits him.

La Montoliva will not be responsible for any type of commission derived from a transfer or payment by card from another country, with another currency, etc.; this type of commissions will always be the responsibility of the issuer. All orders will be held until La Montoliva has received full payment.

1. a) Bank Transfers or Deposits
   
   If the user chooses to make a payment by bank transfer or deposit, La Montoliva will send the proforma delivery note via email (or postal mail if required) in less than 24 business hours, including the current bank account number.
   
   Caixa d'Enginyers:
   IBAN: ES40 3025 0023 3314 0003 3569
   
   As soon as La Montoliva receives the payment notification of the transfer or the deposit, the order will be shipped along with the invoice.

   Orders will remain pending payment for a maximum period of 10 days. If after this period La Montoliva has received no payment notification, the order will be automatically canceled and the user must repeat the order, if he wants it processed.
   
   

2. b) Payment with PayPal
   
   If the user has a PayPal account, he can pay quickly with all the advantages and security that PayPal offers.
   
   
3. c) Payment by Card (Credit or Debit Card)
   
   Secure payment by credit or debit card through the Stripe payment gateway, where in addition to card number, expiration date and CCV, authentication is requested using a personal key system. It identifies the cardholder unequivocally as the owner of the credit or debit card.
   
   

Delivery of the orders will be made to the shipping address freely determined by the user. While entering the personal information in the order form, the user can indicate an address to receive the orders different from the billing address.

In any case, the user must always verify that the order has arrived in perfect conditions. If not, it is convenient to notify La Montoliva within 24 business hours via info@lamontoliva.com or by phone +34 609 25 91. La Montoliva has only 24 hours to claim the damages caused during transport, after this period it will be very difficult for the transport company to accept the claim, although La Montoliva will try to provide the best available solution.

The shipment of the products purchased will only be made, after the user has made the full payment and it has been received by La Montoliva. Until then the purchase will not be understood as made.

La Montoliva assumes no responsibility, if the product delivery does not take place as a result of false, inaccurate or incomplete data provided by the user, or for reasons beyond La Montoliva’s control such as the absence of the recipient.

Notwithstanding the above, La Montoliva will take the measures required of a diligent retailer to fulfill the delivery in the agreed time, and if not, as soon as possible, to the satisfaction of the sender and the recipient, thus no liability can be attributed to La Montoliva.

Shipping costs will be displayed in the shopping cart before finishing the checkout process. They will be calculated according to the destination of the same and the cost of said order.

National orders
Shipments are made to the Iberian Peninsula and the Balearic Islands. For shipments to Formentera, Canary Islands, Ceuta or Melilla, it is necessary to send a request for inquiry to La Montoliva through a form located in the shopping cart of the Website. La Montoliva for its part makes the query of the current shipping conditions at the relevant transport company. The shipping conditions obtained will then be referred to the user by email so that he can make the payment with the shipping costs included.

International orders
Shipments are not made outside the European Union except to Andorra, Gibraltar, Monaco, San Marino, Liechtenstein, Switzerland and Norway. For these countries that are not members of the European Union, the user must request an inquiry of the applicable shipping costs to La Montoliva. The user can send the request through a form located in the shopping cart of the Website. La Montoliva, for its part, will inquire the current shipping conditions at the relevant transport company. The shipping conditions obtained will be referred to the user by email so that he can make the payment with the shipping costs included.

The user will have a period of 14 calendar days from the date of receipt of the order for the return of the same. Unless the return is made due to defects in the products, the shipping costs will be borne by the user. In any case, the product must be returned in its original packaging and in perfect condition. To do so, the user must direct his revocation and return the goods to:

Mas La Montoliva
Carretera entre Vilallonga del Camp i Selva del Camp s/n
43141 Vilallonga del Camp (Tarragona, Spain)

Consequences of Withdrawal and Revocation
In the event of a valid withdrawal or revocation communication, the goods received and the benefits obtained must be returned to each other.

In case of not being able to return the goods received in whole or in part, or only in a deteriorated state, the user is obliged to compensate La Montoliva to the appropriate extent. In addition and to prevent the obligation of compensation due to deterioration resulting from the use of the goods, La Montoliva recommends not to use them, avoiding everything that could reduce their value (thus, the goods should not have been used or damaged, must retain their original label and must be returned in their original packaging). The goods to return must be sent carriage forward and at the risk of the recipient to:

Mas La Montoliva
Carretera entre Vilallonga del Camp i Selva del Camp s/n
43141 Vilallonga del Camp (Tarragona, Spain)

The obligations for the return of goods and benefits must be fulfilled within a maximum period of 30 days. This period begins for the user with the sending of his revocation or with the shipment – devolution – of the goods, and for La Montoliva with the receipt of the same.

In case of not being able to send the items of an order due to stock depletion or any other setback, La Montoliva will contact the user to resolve the situation as soon as possible. In any case, La Montoliva reserves the right to cancel the order by returning the amount already paid and/or informing the user of the procedures and terms of refund.

The access, navigation and use of the Website implies the express and unreserved acceptance of all the terms of use, having the same validity and effectiveness as any contract written and signed.

Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website. If the user does not agree with the terms contained herein, he should not access, navigate or use any page of the Website.

These Terms of Use regulate the access, navigation and use of the Website, notwithstanding that La Montoliva reserves the right to modify the presentation, configuration and contents of the Website, as well as the conditions required for its access and/or use. The access and use of the contents of the Website, after implementing any modification or change, imply their acceptance.

However, access to certain contents and the use of certain services may be subject to certain particular conditions, which will in any case be shownclearly and which must be expressly accepted by the user. These particular conditions may substitute, complete or, where appropriate, modify these particular Terms of Use.

La Montoliva reserves the right to modify the terms and conditions contained herein, in whole or in part, by publishing any change in the same way these Terms of Use appear or through any type of communication addressed to the user.

Access to the Website’s content is completely free

Access and browsing the Website do not require registration. Registration on the Website is, unless expressly stated otherwise, free and voluntary. To purchase products in the store, it is not necessary to register. Being registered on the Website as a user facilitates the management of orders placed and avoids having to enter personal data and addresses every time a purchase is made. To register the user must access the following link: https://lamontoliva.com/en/login?return=aW5kZXgucGhwP29wdGlvbj1jb21fc3BwYWdlYnVpbGRlciZ2aWV3PXBhZ2UmaWQ9MTMw, where to enter all real and truthful information.

Under no circumstances will La Montoliva be responsible for the veracity of the registration data provided by the user, so that each one is responsible for the possible consequences, errors and failures that may subsequently result from the lack of veracity of data.

Access to the Website by minors is prohibited. However, in case of access to the Website and/or registration by a minor, it will be presumed that the access has been made with prior and express authorization of the parents, guardians or legal representatives, notwithstanding that La Montoliva reserves the right to perform as many checks as it deems appropriate.

When registering as a user, it is an essential requirement to be over 18 years old and provide all the data stipulated as mandatory.

Similarly, the registered user assumes that his user account is personal and non-transferable, considering that only natural persons can register, excluding legal persons.

Under no circumstances, the transfer of the user account between different people is allowed, remaining to the disposal of La Montoliva to delete the account, as soon as such circumstance is detected, without prejudice to reserving legal actions that may correspond.

At any time, the user can request his withdrawal from the Website’s database, just requesting it by writing to info@lamontoliva.com, indicating his username and the specific service he wishes to unsubscribe from.

In any case, once the cancellation has been made, the user may request a new registration as a user, with the right of La Montoliva not to admit said registration in the cases specified under "unauthorized uses" or in case of conflict or controversy between the parties, to be resolved or terminated with acknowledgment of fault or negligence of the user and/or damage to La Montoliva, its collaborators and associates or its users, customers or potential clients.

La Montoliva is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website, as well as intellectual and industrial property rights on the information, materials and contents of the Website.

In no case is it understood that the access, navigation and use of the Website by the user implies a waiver, transmission, license or total or partial cession of said rights by La Montoliva. The user has the right to use the contents and/or services of the Website within a strictly domestic environment.

References to registered trademarks or trade names, or other distinctive signs, whether owned by La Montoliva or third-party companies, imply a prohibition on their use without the consent of La Montoliva or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website and/or its contents, gives the user any right over distinctive signs included therein.

All intellectual and industrial property rights on the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the contents included in the Website, for public or commercial purposes, if there is no prior, express and written authorization from La Montoliva or, where appropriate, the holder of the corresponding rights.

In the event that the user sends information of any kind to La Montoliva through the channels enabled for this purpose, the user declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual, industrial property rights, trade secret or any other rights of third parties, and that such information is neither confidential nor harmful to third parties.

The user acknowledges taking responsibility, leaving La Montoliva undamaged by any communication that he provides personally or in his name, while said responsibility reaches without any restriction the accuracy, legality, originality and ownership of it.

In the event that links to other websites are shown through different buttons, links, banners or embedded content, La Montoliva informs that they are directly managed by third parties, while not having neither human nor technical means to previously know and/or control and/or approve all information, content, products or services provided by other websites to which links are or may be set.

Consequently, La Montoliva cannot assume any type of responsibility for any aspect related to the external website, to which a link from the Website was set, in terms of its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if users might have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify La Montoliva in order to proceed to disable the access link to them.

In any case, the establishment of any type of link from the own Website to an external website will not imply that there is any kind of relationship, collaboration or dependence between La Montoliva and the person responsible for the external website.

La Montoliva, through different tools and applications, makes available linkings that allow users to access the channels and pages of the Website from different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Instagram etc.). The purpose of installing these applications on the Website is to provide users with an access to these channels from different platforms and social networks.

Implementing these applications does not imply the existence of any relationship between La Montoliva and the owner, producer or distributor of the linked platform, nor the acceptance and approval by La Montoliva of its contents and/or services, being its owner, producer or distributor solely responsible for them.

In no case, La Montoliva shares with Instagram or any other social network that any type of private information about its users is embedded in the future, being its sole purpose the one established in these Terms of Use, as well as in the Privacy Policy: https://lamontoliva.com/en/privacy-policy. In this sense, all information the user himself wishes to provide to these platforms will be at his own risk, not iimplicating La Montoliva in said process.

The activation and use of these applications may imply the identification and authentication of the user (login / password) on the corresponding platforms, completely external to the Website and beyond the control of La Montoliva. When accessing these external networks, the user enters an environment not controlled by La Montoliva, so La Montoliva will not assume any liability for the security configuration of said environments.

Because La Montoliva has no control over the content hosted on these channels, the user acknowledges and accepts that La Montoliva assumes no liability for the content or for the services the user might access on said pages or for any content, products, services, advertising, or any other material available therein. For this reason, the user must be extremely cautious in the valuation and use of the information, content and services existing in the linked channels, and about the own or third-party information he wants to share in said channels.

La Montoliva does not authorize to set a link to the own Website from those websites containing illicit, illegal, degrading, obscene materials, information or content, in general, that contravene laws, morals or public order, or social standards generally accepted.

In any case, users may set links on their respective websites that target the Website, provided they meet the following conditions: a) the link may not reproduce the content of the Website or parts thereof in any way; b) it is not allowed to create a browser or a border environment on the sections of the Website, nor can the Platform be modified in any other way; c) it is not allowed to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that La Montoliva has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where said link is set; d) the website on which the link to the Website is set will not contain information or illegal content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or to the image itself or any other right, or content contrary to the regulations governing the protection of personal data.

La Montoliva has no power or human and technical means to know, control or approve all the information, content, products or services provided by other websites which have set links to the Website. La Montoliva does not assume any liability for any aspect related to the website that sets a link to the Website in terms of its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

It is not allowed and, therefore, its consequences will be under the sole responsibility of the user, to access or use the Website for illegal or unauthorized purposes, with or without economic purpose, and, more specifically and without the following listing claiming to be absolute, it is prohibited:

• To use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or on a third party's computer;

• To use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

• To use the Website to collect personal data from other users;

• To register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;

• To access without authorization any section of the Website, other systems or networks connected to the Platform, to any server of La Montoliva or to the services offered through the Website, by means of hacking or forgery, password extraction or any other illegitimate medium;

• To break, or attempt to breach the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;

• To carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of La Montoliva, as well as in the systems and networks connected to the Website; or

• To prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying their results and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or infringes upon these Terms of Use, in any way.

Failure to comply with any of the previous obligations by the user may result for La Montoliva in adopting the appropriate measures protected by law and in exercise of its rights or obligations, and may lead to the elimination or blocking of the account of the infringing user, without the possibility of any compensation for the damages caused.

Similarly, the Web has areas through which users can share content published by La Montoliva. These areas may be proprietary of La Montoliva and therefore dependent and controlled by it, or external to La Montoliva, in the case of independent social networks, for which we cannot be responsible, nor for the proper functioning, nor the conditions and policies arranged by those responsible, being the user himself who must consent and assume at all times the treatment that is made of the information published on these platforms.

La Montoliva cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor of the usefulness or veracity of the documentation made available through it.

Consequently, La Montoliva does not guarantee nor is responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of utility or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or to a third party, by any person who violated the conditions, rules and instructions that La Montoliva establishes on the Website or through the violation of the security systems of the Website.

However, La Montoliva declares that it has taken all the necessary measures, within its possibilities and state of the art, to guarantee the functioning of the Website and minimize system errors, both from a technical point of view, as well as within the contents published on the Website.

If the user might be aware of the existence of any illegal, illicit content, contrary to the laws or that could be an infringement of intellectual or industrial property rights, of the applicable regulations on personal data protection material and/or any other right, he must immediately notify La Montoliva so as to proceed to adopting the appropriate measures.

In any case, La Montoliva reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access, navigation, use, accommodation and/or downloads of the content and/or use of Website services, with or without prior notification, to users who contravene any of the provisions detailed in these Terms of Use, without the user being able to demand compensation for this cause.

These Terms of Use are ruled by Spanish law. For the resolution of conflicts and waiving any other jurisdiction, the parties submit to the Courts and Tribunals of the user's address.

In order to present claims in the use of our services, the client can refer by mail to the electronic or physical address indicated in the “Contact” section, committing La Montoliva to seek at all times a friendly settlement of the conflict.

Last update:

August, 24^th, 2019