Legal Information

The purpose of this cookies policy is to provide clear and precise information about the cookies used on our website.

We use own and third-party cookies to improve our services, customise our website, make it easier for our users to browse, offer an improved experience when using the website, identify problems and thereby improve the website, carry out measurements and usage statistics and show you advertising related to your preferences by analysing use of the website.

We inform you that we can use cookies on your device provided you have given your consent, except in those cases where the cookies are necessary to browse our website. If you give your consent, we will be able to use cookies that will allow us to gather more information about your preferences and customise our website according to your individual interests.

WHAT ARE COOKIES?

Cookies and other similar technologies, such as local shared objects, flash cookies or pixels, are tools used by Web servers to store and recover information about website visitors, and also to ensure correct functioning of the website.

TYPES OF COOKIES

Types of cookies depending on the organisation managing them:

• Own cookies: these cookies are sent to the user’s terminal from a computer or domain managed by the owner of the website from which the service requested by the user is provided.
  
  
• Third-party cookies: these cookies are sent to the user’s terminal from a computer or domain not managed by the owner of the website from which the service requested by the user is provided, but by another organisation that processes the data obtained through the cookies. In addition, if the cookies are installed from a computer or domain managed by the Website owner but the information collected by them is managed by a third party, they will also be considered third-party cookies.
  
  

Types of cookies according to their purpose:

• Technical cookies: these are cookies that allow the user to browse a website, platform or application and to use the different options or services thereon, including those that the editor uses to allow management and operation of the website and enable its functions and services. These include, for example, monitoring traffic and data communication, identifying the session, accessing restricted access areas, remembering the component elements of an order, carrying out the order purchase process, managing the payment, monitoring any fraud associated with the security of the service, dealing with an application for registration or participation in an event, counting the number of visits for the purposes of invoicing licences for the software with which the service operates (website, platform or application), using security elements during browsing, storing content for the dissemination of videos or sound, enabling dynamic content (for example, animation to load a text or an image) or sharing content on social networks.
  
  This category also includes, because of their technical nature, those cookies that allow management, as efficiently as possible, of any advertising spaces that, as one more element of design or “layout” of the service offered to the user, the editor has included on a website, application or platform based on criteria such as the content edited, without compiling information about the users for other purposes, such as customising this advertising content or other content.
  
  
• Preference or customisation cookies: these cookies are used to remember information so that the user can access the service with certain characteristics that differentiate his/her experience from that of other users such as, for example, the language, the number of results displayed when the user performs a search, the appearance or content of the service depending on the type of browser used by the user to access the service or the region from which he/she accesses the service, etc.
  
  
• Analytics or performance cookies: these cookies allow the person or entity responsible for them to monitor and analyse the behaviour of users of the websites with which they are associated, including quantifying the impacts of adverts. The information collected by this type of cookies is used to measure activity on the website, application or platform, in order to introduce improvements according to the analysis of the users’ data usage.
  
  
• Behavioural advertising cookies: these allow us to manage, as efficiently as possible, the advertising spaces on the website. These cookies store information on user behaviour obtained through continuous observation of his/her browsing habits, allowing us to develop a specific profile to show advertising adapted to that profile.
  
  
• Geolocation cookies: these are used to find a user’s location when he/she requests a service. This cookies is anonymous and is used, for example, to offer you relevant information depending on the country where you are located.

Types of cookies according to the length of time they remain active:

• Session cookies: these cookies are designed to collect and store data when the user accesses a website. They are generally used to store information that only needs to be kept for the provision of the service requested by the user on a single occasion (for example, a list of products bought) and disappear when the user logs off or ends the session.
  
  
• Persistent cookies: with these cookies, the data continue to be stored in the terminal and may be accessed and processed for a period defined by the person/entity responsible for the cookie, which may range from a few minutes to several years.

COOKIES USED ON OUR WEBSITE

DISABLED IN BROWSERS?

The user can, at any time, allow, block or delete the cookies installed on his/her device by changing the settings on the browser installed on his/her computer:

• Chrome Chrome Settings -> Advanced -> Privacy -> Content settings. For more information, consult Google support or your browser Help.
  
  

• Edge: tools -> Internet options -> Privacy -> Settings.
  For more information, consult Microsoft support or your browser Help.
  
  
• Firefox Firefox: Tools - > Options -> Privacy -> History -> Customised Settings.
  For more information, consult Mozilla support or your browser Help.
  
  
• Safari Safari Preferences -> Security.
  For more information, consult Apple support or your browser Help.
  
  

If you deactivate the cookies, it will not prevent you from browsing the website, but the use of some services may be limited and, consequently, your browsing experience may be less satisfactory.

WITHDRAWING CONSENT

The user may withdraw his/her consent relating to the Cookies Policy at any time, and may delete the cookies stored on his/her device by adjusting his/her internet browser settings, as described above, and also by accessing our settings panel.

This Cookies Policy may be modified when required by the legislation in force at any time or when there is a change in the type of cookies used on the website. For this reason, we recommend that you review this policy every time you access our website, so that you are appropriately informed of how and why we use cookies.

1. USER INFORMATION

Who is responsible for processing your personal data?

MONTANA COLORS S.L.U. will be responsible for processing the personal data of individuals who have created a profile on any of its social media platforms. These data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR), Organic Law 3/2018 of December 5 (LOPDGDD), and the Law on Information Society Services and Electronic Commerce (LSSI). We provide the following information about this processing:

Why do we process your personal data?

Purpose of processing: To maintain a relationship between the USER and MONTANA COLORS S.L.U. (hereinafter referred to as the CONTROLLER), which may include the following operations:

• Handling requests and inquiries submitted to the controller.
• Informing about activities and events organized by the controller.
• Providing information about products or services offered by the controller.
• Interacting through official profiles.

When the CONTROLLER collects and processes personal data via its social media platforms, USERS will be informed about the purpose of data collection and their rights regarding their personal data. Personal data will be used only for the specified purposes and will be securely maintained.

Legal Basis for Processing: Explicit consent granted by the USER for the processing of their personal data for one or more specific purposes (Article 6.1.a GDPR). Additionally, USERS can access the privacy policies of the respective social networks at any time and configure their profile to ensure privacy.

How long will we retain your personal data?

Data retention criteria: The data will be retained until the USER revokes the consent given, as indicated in this privacy policy.

Who do we share your personal data with?

Data disclosure: Information provided by the USER through the CONTROLLER’s social media, including their personal data, may be published, depending on the services the USER uses, and may thus become publicly available to other third-party users of the social media. From each social network profile, USERS can configure what information they want to make public in each case, view the permissions granted, delete them, or disable them, just like any third-party application they no longer wish to use. However, no personal data will be disclosed to third parties outside the social network unless it is essential for the development and execution of the processing purposes. In such cases, the CONTROLLER has signed confidentiality and data processing agreements with its communication service providers, as required by current privacy regulations.

What are your rights?

Rights of the USER: These rights can only be satisfied regarding information under the control of the CONTROLLER.

• Right to withdraw consent at any time.
• Right of access, rectification, data portability, or erasure of your data, and the right to restrict or object to its processing.
• Right to file a complaint with the supervisory authority (www.aepd.es) if you believe that the processing does not comply with current regulations. Contact details to exercise your rights: MONTANA COLORS S.L.U., C/ Clot del Trufau, Nau 4 - 08295 SANT VICENÇ DE CASTELLET (Barcelona). E-mail: [email protected] The complete privacy policy is available at cam.montanacolors.com/

2. USE OF THE PROFILE

The CONTROLLER will carry out the following actions:

• Access to public information on the profile.
• Posting on the USER’s profile of any information already published on the CONTROLLER’s social network.
• Sending personal and individual messages through the social network’s channels.
• Updates on the page’s status that will be published on the USER’s profile.

The USER can always control their connections, delete content they are no longer interested in, and restrict who they share their connections with. To do so, they must access their settings, where they will find various configuration options related to the privacy of the user profile on the social network.

3. POSTS

The purpose of social networks is to provide visibility and dissemination of the activities carried out by the CONTROLLER. These tools store personal data on the servers of the respective services and are governed by their own privacy policies. Once a USER becomes a follower or joins the social network of the CONTROLLER, they can post comments, links, images, photographs, or any other type of multimedia content supported by the network. In all cases, the USER must be the owner of the published content, have copyright and intellectual property rights, or have the consent of the affected third parties. Expressly prohibited are any publications on the social network, including texts, graphics, photos, videos, etc., that infringe or may infringe on morality, ethics, good taste, or decorum, and/or violate or breach intellectual or industrial property rights, image rights, or the law. Offensive, defamatory, illegal, or inappropriate comments or content will not be tolerated on the company’s profiles. The Company reserves the right to delete such comments or content and to block the responsible users. In these cases, the CONTROLLER reserves the right to immediately remove the content, without prior notice, and may request the permanent blocking of the USER.

The CONTROLLER is not responsible for the content that USERS have freely published.

USERS should be aware that their posts will be visible to other users, making them primarily responsible for their own privacy. Images that may be published on the social network will not be stored in any file by the CONTROLLER but will remain on the social network.

4. DATA OF MINORS OR INDIVIDUALS WITH SPECIAL NEEDS

Reviewing and reading the terms of use and privacy policy of each social network at the time of registration is recommended, taking into account the different age requirements for registration. Furthermore, the CONTROLLER will be expressly exempt from any liability that may arise from the use of social networks by minors or individuals with special needs, whose access should be supervised and controlled by their legal representatives. The CONTROLLER reserves the right to modify this policy at any time. Changes will be communicated through our social media profiles and/or our website.

Montana Colors S.L.
Carrer del Clot del Tufau, 29
08295, St Vicenç de Castellet. Barcelona

ESB-60556065
Telf. 93.8332760
Fax. 93.8332761
Email: [email protected]

T

It is important that you carefully read the following General Conditions of Use of the Website and Sale of the Products, so that you are correctly informed and accept both the conditions of access and browsing on the Website www.montanacolors.com/ of MONTANA COLORS S.L.U. and the terms and conditions that regulate the acquisition of the products offered by:

Owner: MONTANA COLORS S.L.U.

Registered office: C/ Clot del Trufau, nau 4 08295 – Sant Vicenç de Castellet (Barcelona)

NIF: B60556065

Commercial Registry of Barcelona – Page B-112.794 Volume 42.756 Folio 91

Telephone: (+34) 93 833 27 60

Email: [email protected]

Hereinafter, "THE PROVIDER".

1.- GENERAL CONDITIONS OF USE OF THE PORTAL

Access by the User to https://montanacolors.com hereinafter, "the Portal", is conditional on the prior reading and acceptance of these GENERAL CONDITIONS OF USE, or those in force at the time of access. If the User does not agree with these conditions of use, he/she must refrain from using this Portal and operating on it.

However, access to certain content may be subject to certain particular conditions, which in any case will be shown by the PROVIDER to the User, who, where appropriate, must expressly accept them.

By browsing the PROVIDER's Portal, you acquire the status of USER. Browsing the Portal implies acceptance as a USER of the conditions of use, without prejudice to the express acceptance by the USER of the General Terms and Conditions of Contract, the data protection policy, as well as, where appropriate, the Specific Conditions, which may exist in relation to the provision of services.

At any time, THE PROVIDER may modify the presentation and configuration of the Website, the legal information and documentation and the services and contents provided, all in accordance with the provisions of articles 126 and 126 bis of Real Decreto 1/2007 de 16 de noviembre (Spanish law).

Access and registration on the Portal

In order to purchase products on the Portal, Users must register in advance by completing the forms provided for this purpose, with the required and mandatory data.

It is a requirement to register, to be over 18 years old. The User assumes that his/her User account is personal and non-transferable.

All registered Users will have a personal and non-transferable access password. The User may modify or recover said password at any time, following the procedure provided on the Portal. This password will remain in the PROVIDER's systems in encrypted form to ensure its conservation and prevent unauthorized access by third parties. The User undertakes to immediately notify the Provider of any event that allows improper use and/or access to the account. As long as the User does not communicate these facts to the Provider, the latter will be exempt from any liability that may arise from improper use of the same by unauthorized third parties.

Unsubscribe

The Provider allows the User to unsubscribe at any time by accessing the section of their account enabled for this purpose, available on the Portal.

In any case, once the cancellation has been made, the User may request a new registration, except if the User does not accept the terms of Use and/or in the event of a conflict between the User and the PROVIDER that is pending resolution or has ended with acknowledgement of fault and/or negligence for the User.

Conditions applicable to links:

All the contents of this Portal are the property of the PROVIDER, although, in the case of links to other websites managed by third parties, unrelated to the PROVIDER, the PROVIDER cannot guarantee the content or information contained in third-party websites accessible through these links, nor the correctness of their content. Consequently, THE PROVIDER is exempt from any liability for damages of any kind that may arise from the use of such links. However, if the User has effective knowledge that the activities carried out through these websites are illegal, they must notify the PROVIDER, which will proceed to disable the link.

The information available on the Portal, which is not subject to prior registration, is accessible to users, although its commercial exploitation or for advertising purposes is strictly prohibited. It is also not permitted to reproduce, distribute, transmit, adapt, or modify, with any tool or any means, the contents of this website or its design.

Access to the Portal by minors is prohibited. If a minor accesses the Portal and/or registers on it, THE PROVIDER will presume that such access has been made with the prior and express authorisation of their parents, or legal representatives, without prejudice to the PROVIDER being able to carry out the checks it deems appropriate.

THE PROVIDER is not responsible for the veracity of the registration data provided by the User. The User undertakes and is solely responsible for ensuring that the information provided to the PROVIDER is adequate, truthful, and accurate.

Conditions of Use of the Portal

The User shall be solely responsible for accessing or using the Portal for illegal or unauthorised purposes, and among others, it is forbidden for the User to carry out the following activities:

• Use the Portal for the installation or publication of viruses or harmful programs or files
• Use the Portal in a way that may cause damage, interference, or malfunctions in the PROVIDER's computer systems.
• Breaking the security and/or authentication measures of the Portal and/or any network connected to it.
• Registering with a false identity, impersonating third parties and/or carrying out any activity that may confuse other users about the identity of the origin of a message.
• Use the Portal to collect personal data from other users.
• Preventing the proper development of an event, contest, promotion, or any other activity that the PROVIDER decides to carry out through the Portal.
• Saturate the infrastructure of the Portal or the systems or networks of the PROVIDER, as well as the systems and networks connected to it.
• Use the Portal in a way that may violate good faith, the Law, morality, or public order.

Any of the actions carried out by the User in this regard will entitle the PROVIDER to take the appropriate legal actions to defend its rights and to delete and/or block the User's account, without the User being able to request any compensation for it.

Responsibilities and guarantees for the use of the Portal

The PROVIDER declares that it has adopted all necessary measures that the state of the art and its possibilities allow, to guarantee the proper functioning of the Portal, and to reduce system errors and guarantee maximum security to Users, but it cannot guarantee the damages caused to the User by any person who infringes the conditions that the PROVIDER establishes on its Portal and/or the technical security measures.

The PROVIDER does not guarantee Users the usefulness or performance of the contents of its Portal.

THE PROVIDER does not guarantee, where appropriate, the legality, reliability, veracity, and usefulness of the content provided by third parties to its Portal, guaranteeing it only with respect to the content published on its Portal.

Intellectual and Industrial Property rights

The PROVIDER is the owner and/or has the corresponding licences on the rights to exploit intellectual and industrial property on the design and programming of the Portal, as well as on the content offered therein. In no case will access and/or browsing entitle the User to use such rights other than those strictly necessary to enjoy the provision of the service in accordance with this General Conditions.

The contents of the website, as well as the copyright and intellectual property rights thereof belong to the PROVIDER or its content providers. As a User, you may access the website and print a copy of the content you access during your visit, but any other use of the Portal and its contents, which may infringe industrial and/or intellectual property rights, and/or which may damage or deteriorate its normal operation (including the goods or rights of the PROVIDER, or its suppliers, or to the rest of the USERS or, in general, of any third party), is prohibited.

References to trademarks, trade names or other distinctive signs carry the implied prohibition on their use without the express written consent of the PROVIDER and/or their legitimate owners.

All intellectual and industrial property rights and rights over the contents and/or services of the Portal are reserved, and in particular, it is forbidden to modify, reproduce, publicly communicate, copy, transform or distribute by any means and in any form, all or part of the contents of the Portal for public or commercial purposes, without the express authorisation of the PROVIDER.

If the User becomes aware of the existence of any illegal content or that could imply an infringement of intellectual and/or industrial property rights, he/she will promptly notify the PROVIDER at the following email address [email protected]

2.-GENERAL TERMS AND CONDITIONS OF CONTRACT

These General Terms and Conditions have been drawn up in accordance with the provisions of the applicable Spanish legislation listed below:

Ley 34/2002 de Servicios de la Sociedad de la Información y Comercio Electrónico; Ley 7/1998 sobre Condiciones Generales de Contratación;

Real Decreto Legislativo 1/2007 de 16 de noviembre, por el que se aprueba el Texto Refundido de la Ley General de Defensa de los Consumidores y Usuarios y otras leyes complementarias;

Ley 7/1996 de Ordenación del Comercio Minorista en lo que pueda ser aplicable a servicios;

Ley 6/2020 reguladora de determinados aspectos de los servicios electrónicos de confianza.

The PROVIDER informs that the procedures to acquire the products and/or obtain the provision of the services offered, are those described in these General Conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the User declares to know and accept these procedures as necessary to access the products and services offered on the Portal.

All information provided during the contracting process will be stored by THE PROVIDER, so that the User may, upon request made in writing or by e-mail, request information regarding the operations carried out by him within the previous 6 months. Any modification and/or correction of the data provided by Users while browsing must be made in accordance with the indications included in the Portal.

2.1.- PURPOSE

This contractual document contains the General Conditions whose purpose is to regulate, both the provision of the information, and the commercial relations that arise between the PROVIDER, and the third-party Users of the Portal ("Customers"), who acquire the products offered through it, if it is possible to contract any product, without the prior acceptance of these General Conditions.

These General Conditions will remain published on the website at the disposal of the Customers to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing such modifications on the Portal www.montanacolors.com/ so that they can be known by the Customers, always before visiting the Portal or acquiring any goods and/or services offered. It is the responsibility of the Customers to read them periodically, since those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access or digital content or its use by the Customer, the Customer will be informed in a clear and understandable manner, and will have the right to terminate the subscription in accordance with the provisions of Article 126.bis of Real Decreto Legislativo 1/2007 (Spanish law).

All purchases of products acquired through the Portal, after identification and authentication, through the username and password provided, will be considered validly made by the Customer and will be binding.

The acquisition of products through the Portal implies the acceptance as a Customer, without reservations of any kind, of each and every one of these General Conditions, as well as, where appropriate, of the Specific Conditions, which may exist in relation to the acquisition of certain products.

The making of orders by a minor who falsifies the information and registration will be understood to have been made under the supervision and authorization of their parents, or legal representatives.

Acceptance of this document entails for the Customer the following:

• The Customer has read and understood what is stated herein.
• The language in which they have been drafted and the contract will be entered into is in Spanish
• The Customer declares to be a person with sufficient capacity to enter into a contract.
• The Customer assumes all obligations herein without any kind of reserve.

These conditions will be valid for an indefinite period and will remain in force for as long as they are accessible through the Portal, and will be applicable to all contracts made through the Portal, without prejudice to the particular conditions that may govern the acquisition of the products.

2.2.- IDENTITY OF THE CONTRACTING PARTIES

It is provided the identification and contact details of the PROVIDER operating on the www.montanacolors.com/ portal, owned by MONTANA COLORS S.L.U. with registered office at Carrer del Clot del Tufau, 29, Sant Vicenç de Castellet, 08295 Barcelona (Spain), NIF B60556065,  and registered in the Commercial Registry of Barcelona, in volume 27064, Folio 96, Sheet number 112794, Entry 1, and with customer service telephone (+34) 93 833 27 60 and email [email protected]

And on the other hand, the CUSTOMER, registered on the website by means of a "Customer Name" and a "password" that will have been provided by THE PROVIDER, as identifying and enabling elements for access to the different services offered by the Portal, as described in the section of these General Conditions "Contracting Procedure".

2.3. ACCESS TO THE PORTAL AND E-PROCUREMENT PROCESS

Access to and consultation of the catalogue of products and/or services published on the Portal: www.montanacolors.com/ is free of charge, and no registration of users is necessary.

In the same way, to be able to start the process of contracting the products and/or services displayed on the Portal.

Either party may terminate or suspend this contractual relationship unilaterally at any time and without any other cause than its will to do so, in accordance with the provisions of these General Conditions. The CUSTOMER may unilaterally exercise the right of termination through the account cancellation process.

In the same way, PROVIDER and the Points of Sale reserve the right to cancel the username and password, and therefore access to the Portal, of those users who have debit or unpaid balances with any Point of Sale.

2.3.1. Products offered on the Portal

All products and/or services will be offered through the www.montanacolors.com Portal and the PROVIDER will indicate the brand, model, images, description, technical specifications (if applicable), product availability, full price, discounts (if applicable), as well as the availability of home delivery or in-store pick-up and may offer other related or recommended products.

If there’s no reference to the available units, you can make the purchase in the same way. In the event of supply difficulties or in the event of a lack of stock, we will inform you by email and refund the Customer any amount you have paid. The delivery time begins to run when the order is placed and the product is paid.

2.3.2. Electronic procurement process.

Any product from our catalog can be added to the cart. In this cart, the items, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The content of the baskets has no binding power between the parties, it is only a section where a budget can be simulated without any commitment from both parties.

From the basket you can place an order by following the indicated steps for its correct formalization:

1. a) Validation of the Shopping Cart:

The User, once the selection of the products and/or services they wish to contract has been completed, must validate their shopping cart, in which they will be shown the selected products and/or services, the number of units, their price, the delivery time and the shipping costs.

1. b) Verification of billing data:

The User, once validating their shopping cart, must provide the PROVIDER with the billing and shipping data of the products and/or services, and must expressly accept, by ticking the corresponding box, of these General Conditions of Contract. If you do not tick the acceptance box, the Portal will not allow you to proceed with the process.

1. c) Selection of the payment method.

The User, once they have provided the billing and, where appropriate, shipping data, must select the payment method they wish to use. If the User has opted for either of the two means of cash payment (PayPal or credit/debit card), they will be automatically redirected by the system to the online payment platforms (TPV) of the corresponding banks.

1. d) Acceptance of the Legal Conditions:

The customer must press the accept button, in which they will expressly accept these General Conditions, before proceeding to pay for the product. You must also accept the Privacy policy and the Cookies policy.

1. e) Select the "Pay Now" box
2. f) Order confirmation.

The PROVIDER will send the CUSTOMER within a maximum period of 24 hours from the time of the effective payment of the purchase by the CUSTOMER, an email in which a summary will be provided, with all the characteristics of the purchase made, confirming the placing of the order, its status, and the approximate date of shipment and/or delivery.

All orders and purchases made through the Portal are subject to the effective availability of stock of the Products at the time when the shipment is prepared for dispatch.

2.4.- PRICE AND METHOD OF PAYMENT

2.4.1. Pricing and invoicing

The prices quoted for each product include any taxes that may be applicable, including value added tax (I.V.A.) for EU countries. Specifically for buyers in Spain, on books and magazines (4%) and on other articles (21%).

These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the goods or products purchased.

Before making the purchase, you will be able to check online all the details of the quote: items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total of the purchase.

The prices applicable to each product are those published on the Portal and will be expressed in the EURO currency. The CUSTOMER assumes that the economic valuation of some of the products may vary in real time, as long as the order is not placed. Once the order is placed, prices will be maintained whether or not products are available.

By accepting these General Conditions of Contract, the CUSTOMER agrees to receive the invoices derived from the procurement of goods and/or services from the PROVIDER in electronic format. However, if the CUSTOMER wishes the invoice in physical format (on paper), they must send an email to the following address [email protected] requesting the invoice in physical format, duly identifying themselves and indicating the order number for which the invoice is requested in physical format.

2.4.2. Payment method

Once the products have been decided and saved in the cart, the CUSTOMER agrees to start the purchase process and payment of the price. The PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order:

• Credit or debit card: payment is made through a secure connection and directly to the bank entity in charge of the transaction. THE PROVIDER contacts Bank's secure payment server, which will ask the user for all the details of the card with which they are going to pay (Master Card, Visa, Maestro...) and all the procedures will be managed directly by the payment server's website without either the PROVIDER or any third party being able to have access.

The secure payment server will contact the financial institution that issued the card and request authorization to make the purchase. The process will then return to the PROVIDER's website.

Security measures

Our website uses generally accepted information security techniques in the industry, such as SSL, data entered into a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the CUSTOMER accepts that the Provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).

2.5.- COSTS, SHIPPING AND DELIVERY OF ORDERS

The CUSTOMER will choose the place of receipt of the goods at the time of placing the order with the PROVIDER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER. The transport companies commonly used in the shipments of purchases made in MONTANA COLORS are TIPSA, FEDEX and UPS.

Montana Colors ships worldwide. All orders received after 2pm will be processed the following day, as well as those received during the weekend and holidays, which will be processed the following business day.

Spain and Portugal

Delivery time:

Delivery in 1 – 3 business days

Shipping prices:

Spain: from 4,50 to 6,50 euros

Portugal: from 7,20 to 9 euros

*Price based on the total weight of the order. The exact amount will be reflected before the order is finalized.

For any other destination, please consult our "Delivery and Shipping" section in our section of the Portal. Also, if you have any questions, contact our customer service by phone (+34) 93 833 27 60 or email [email protected]

The CUSTOMER must provide a delivery address where the shipment can usually be delivered in the morning and afternoon. The name and ID number must appear on the signature of the receipt.

The service can be tracked through the link that will be sent by email to the CUSTOMER once the order has been confirmed. Once shipments have been made, they can be changed to another address within the same area of influence of the distribution centre and delivery date from the same link.

A first delivery attempt will be made at the indicated address, if the CUSTOMER is absent, the CUSTOMER will be notified by SMS, email or phone call, to make a new delivery. If the carrier fails to deliver in those two attempts, the shipment must be picked up at the carrier's available service center. If after five (5) calendar days from the date of the notice, the customer has not contacted the carrier to arrange a new delivery date, the products will be returned to the PROVIDER's warehouses, the customer must be responsible for the shipping and return costs, as well as any associated handling costs.

In the event that the shipment does not arrive in perfect condition and has any visible damage, it may be refused by the CUSTOMER, or may accept it, noting on the delivery note of the content review reservation. If the damage is not visible, you will have 48 hours to file the relevant claim. Transport claims after the indicated dates will not be accepted.

The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the CUSTOMER is false, inaccurate, or incomplete.

The risk of loss or damage will be transmitted to the CUSTOMER at the time he receives the order and accepts it without reservation.

2.7. RIGHT OF WITHDRAWAL

According to Spanish law (Ley 3/2014 de 27 de marzo, por la que se modifica el texto refundido de la Ley General para la defensa de los Consumidores y Clientes y otras leyes complementarias aprobado por el Real Decreto Legislativo 1/2007, de 16 de noviembre), the CLIENT has 14 calendar days from the delivery of the order from the formalisation of the contract in the case of the provision of services.

The refund will include the amount of the purchase and, if any, the delivery costs. The return will be made in the same means of payment with which the Product was purchased, discounting the return costs that will be borne by the CUSTOMER.

The CUSTOMER must return the products subject to withdrawal without any undue delay and in any case no later than 14 calendar days from the date on which their decision of withdrawal is communicated.

The refund of the amount corresponding to the withdrawal will be made within 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received, otherwise, the disbursement may be withheld until the receipt of said goods or until the CUSTOMER proves the return of the goods.

In the event of breakage or receipt of the wrong products, the PROVIDER will pay the CUSTOMER the amount of the Product, or, if the Customer prefers, will replace it with another of the services offered on the Portal, compensating, where appropriate, the difference in price.

To proceed with the return, please send us an email to the email address [email protected], indicating the full name, order number, date of order, reason for the return, place and time of collection and contact telephone number. Once we have received your return request, we will contact you to process the return and refund, by bank transfer or bank card return.

The USER may also use this Model Withdrawal Form:

Attn: MONTANA COLORS S.L.U.

I hereby inform you that I withdraw from my contract of sale of the following good/provision of the following service*******

Order received on *****

Name and two surnames of the CLIENT***

Full address of the CLIENT***

Date****

In accordance with the provisions of article 103 section a) of RD Legislativo 1/2007 de 16 de noviembre de defensa de los Consumidores y Clientes (Spanish law), the following are excluded from the right of withdrawal:

1. The supply of goods or services made in accordance with the Customer's specifications or clearly personalized.
2. The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
3. The provision of sealed sound or video recordings or sealed computer programs that have been unsealed by the Customer after delivery.
4. The provision of digital content (not provided in a physical medium) when execution has already begun. The Customer expressly acknowledges that once the digital download has begun, he/she will lose the right of withdrawal.
5. Any other good or service covered by art. 103 of RDL 1/2007, of 16 November.

The CUSTOMER will be responsible for the decrease in value of the goods resulting from a handling of the same other than that necessary to establish their nature, characteristics or operation. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products are returned in their original packaging together with the invoice, in the event that they are returned without said original packaging or with damages, the amount that will be paid to the Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.

2.8. WARRANTIES

When the Product or Products purchased are out of conformity because they do not correspond to the characteristics offered, present defects that prevent their normal use in accordance with their nature, or do not offer the services described for them, the CUSTOMER will have the right to the remediation of the purchased property within a period of three years from the purchase and under the conditions and with the means of proof regulated in the Ley General para la Defensa de los Consumidores y Usuarios (Spanish law), without prejudice to the powers of the Point of Sale to verify the veracity of defects, their origin and the time of their appearance.

In any case, the CUSTOMER must go to or request the collection of the product at the Point of Sale within a maximum period of two months from the verification of the defect, and must inform of the nature of the problem, the time and the conditions of its appearance.

Likewise, the CLIENT has the right to the sanitation of the property following the rules of article 118 and following of the Ley General para la Defensa de los Consumidores y Usuarios (Spanish law). In any case, the regulations on the guarantee of sale of consumer goods established by the applicable legislation will apply. If the product is defective, THE PROVIDER will be responsible whenever it is possible to replace the product, at no cost to the Customer. In the event that for reasons of availability the replacement of the product cannot be made, the purchase will be returned in full.

• Returns due to breakage, defective goods or errors in the processing of your order will be made at no cost to the User, with the Provider reimbursing 100% of the cost of the goods, as well as the costs of shipping and returning the goods, without undue delay, and in any case, no later than 14 calendar days from the date on which the USER informs us of their decision to withdraw from the contract
• In returns without justified cause, the conditions will be the same as in the previous section, although the costs of returning the shipment will be borne by the CUSTOMER, and these will be the same costs of shipping the initial order is made from the same address.

Partial returns of an order will result in partial price refunds.

2.9. CUSTOMER SERVICE AND AFTER-SALES SERVICE

Points of sale have Complaint Forms available to the Consumer in the establishment.

Any claim or query that the Client considers appropriate or wishes to make will be attended to during telephone service hours from Monday to Friday working days from 9:00 a.m. to 8:00 p.m. (+34) 93 833 27 60 and will be attended to as soon as possible (it is advisable to set a period of 48-72 hours), and can also be made by email or post to the following addresses:

Postcard: THE PROVIDER Company, MONTANA COLORS S.L.U., Carrer del Clot del Tufau, 29, de Sant Vicenç de Castellet, 08295 Barcelona (Spain)

Email: [email protected]

2.10. DISPUTE RESOLUTION

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the CUSTOMER and THE PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.

Link to ODR platform: http://ec.europa.eu/consumers/odr/

Likewise, if you are not satisfied with any aspect of the Service that has not been solved by THE PROVIDER, you can go to the consumer authorities if you wish.

2.11. FORCE MAJEURE.

THE PROVIDER shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond the control of the PROVIDER including, but not limited to, cases of force majeure, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transportation, facilities, fuel, energy, labor or materials.

THE PROVIDER shall not be liable for any failure to comply with or interruption of the Service, to the extent that it is delayed or prevented by such causes, and for the entire period of time in question.

2.12. EXONERATION OF LIABILITY

The PROVIDER cannot guarantee the technical continuity of the Portal, the absence of failures or interruptions of the service, nor that the Website will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is supplied.

2.13. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

THE PROVIDER may, without prior notice, suspend or terminate the CUSTOMER's access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provisions, licenses, regulations, directives, codes of practice or usage policies.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.

2.14. GOVERNING LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The PROVIDER and the CLIENT agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

Updated on October 25^th, 2024

General information
Compliance with the general information obligation of Art. 10 of Spanish Law 34/2002 of July 11 on services of the information society and electronic commerce. The owner of the website with URL www.montanacolors.com is MONTANA COLORS, S.L. (N.I.F. B-60556065), a company of Spanish nationality duly registered in the Mercantile Registry of Barcelona, ​​on May 27, 1994, in Volume 27064, Folio 96, Page Number 112794, Registration 1 with professional address at: Carrer del Clot del Tufau, 29, SANT VICENÇ DE CASTELLET, 08295 (BARCELONA), Spain, and contact e-mail [email protected]

Intellectual property
The contents provided by MONTANA COLORS, S.L. are subject to intellectual and industrial property rights and are the exclusive property of MONTANA COLORS, S.L. or of the natural or legal persons that are informed. By acquiring a product or service, MONTANA COLORS, S.L. does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication about it, reserving MONTANA COLORS, S.L. all these rights. The assignment of the aforementioned rights will require the prior written consent of the owner thereof, so that the client may not make said content available to third parties.

The intellectual property extends, in addition to the content included in MONTANA COLORS, S.L., To its graphics, logos, designs, images and source codes used for its programming.

MONTANA COLORS, S.L. has obtained the information and materials included in the web from sources considered reliable and, although reasonable measures have been taken to ensure that the information contained is correct, MONTANA COLORS, S.L. cannot guarantee that such information is accurate, complete, up-to-date at all times and under all circumstances and, consequently, it should not be relied upon as if it were. MONTANA COLORS, S.L. expressly declines any responsibility for errors or omissions in the information contained in the pages of this website.

MONTANA COLORS, S.L. reserves the right to modify, suspend, cancel or restrict the content of the website, the links or the information obtained through it, without the need for prior notice. This, in no case, assumes any responsibility as a consequence of the incorrect use of the website that the user may carry out, both of the information and the services contained therein.

In no case will MONTANA COLORS, SL, its branches and / or work centers, its directors and / or attorneys, employees and, in general, authorized personnel be responsible for any type of damage, losses, claims or expenses of any kind, whether they come, directly or indirectly, from the use and / or dissemination of the website or from the Information acquired or accessed by or through it, or from its computer viruses, from operational failures or interruptions in the service or transmission or from failures online in the use of the web, both by direct connection and by link or other means, constituting for all legal purposes a notice to any user that these possibilities and events may occur.

MONTANA COLORS, S.L. It is not responsible for the webs that are not its own that can be accessed through links or links ("links") or for any content made available to third parties. Any use of a link or access to a non-proprietary website will be carried out at will and at the sole risk of the user. MONTANA COLORS, S.L. does not recommend or guarantee any of the Information / s obtained by or through a link, nor is it responsible for any loss, claim or damage derived from the use or misuse of a link, or the Information obtained through him, including other links or websites, the interruption in the service or access, or the attempt to use or misuse a link, both when connecting to the MONTANA COLORS, SL website as when accessing information from other websites from it.

On some occasions, this website uses "Cookies", that is, small data files that are generated on the user's computer and that allow the following information to be obtained: 1) Date and time of the last time the user visited the website; 2) Design and content that the user chose on her first visit to the web; 3) Security elements involved in controlling access to restricted areas and 4) Other similar circumstances. The user has the option to prevent the generation of cookies, by selecting the corresponding option in their browser program. However, MONTANA COLORS, S.L. is not responsible for the deactivation of the same prevents the proper functioning of the website.

Industrial and intellectual property
This website is the property of MONTANA COLORS, S.L. Intellectual Property rights and rights of exploitation and reproduction of this website, its pages, screens, the information they contain, their appearance and design, as well as the links ("hyperlinks") that are established from it to other web pages of Any subsidiary and / or controlled company of MONTANA COLORS, SL, are the exclusive property of it, unless otherwise expressly specified.

Any denomination, design and / or logo, as well as any product or service offered and reflected on this website, are trademarks duly registered by MONTANA COLORS, S.L., By its subsidiaries and / or dominated companies or by third parties. Any improper use of the same by people other than their legitimate owner and without the express and unequivocal consent of the latter may be reported and prosecuted through all existing legal means in the Spanish and / or community Legal System.

The intellectual property rights and marches of third parties are conveniently highlighted and must be respected by everyone who accesses this page, not being the responsibility of MONTANA COLORS, S.L. the use that the user can carry out in this regard, with the sole responsibility of his person.

Only for personal and private use it is allowed to download the contents, copy or print any page of this website. It is forbidden to reproduce, transmit, modify or delete the information, content or warnings on this website without the prior written authorization of MONTANA COLORS, S.L.

Applicable law and jurisdiction
These general conditions are governed by Spanish Legislation, with the Spanish Courts and Tribunals being competent to know any questions that may arise regarding the interpretation, application and compliance with them. The user, by virtue of his acceptance of the general conditions contained in this legal notice, expressly renounces any jurisdiction that, by application of the current Civil Procedure Law, may correspond to him.