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TERMS AND CONDITIONS

Welcome to Monbali Collection!

Monbali Collection is owned and operated by Monbali Group LLC.

These are the terms and conditions for:

 

(Hereinafter referred to as "Monbali Collection").

By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words "website" refer to the Monbali Collection website, "we", "our" and "Monbali Collection" refer to Monbali Collection and "user", "buyer", "customer" and "you" refer to you, the Monbali Collection user and customer.

The following terms and conditions apply to the website and products offered by Monbali Collection. This includes the mobile and tablet versions, as well as any other versions of the Monbali Collection accessible via desktop, mobile, tablet, social media, or other devices.

The use of the website and the purchase of the products (hereinafter, the "products") from said website, means that you accept these terms and conditions as set forth below (hereinafter, the "terms").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS FROM THE WEBSITE.

 

1. ELIGIBILITY

You may use the Website and purchase the Products only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.

Access and registration to the website and the purchase of products are available to all ages. It is the responsibility of parents and legal guardians to determine if the content and products are appropriate for their children or minors in custody. 

By using the Website and purchasing the Products, you represent and warrant that you have the full right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder. In addition, you represent and warrant that you have no legal disability or contractual restriction that prevents you from accepting these conditions.

You represent and warrant that your use of the Website does not violate any applicable law or regulation. Monbali Collection may, in its sole discretion, refuse to offer the Website and Products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and Website is revoked in such jurisdictions.

Promotions, contests and sweepstakes are subject to their own terms and conditions and may be terminated without notice. Before entering any contest or sweepstakes, please review the terms and conditions of each contest or sweepstakes, which shall form an integral part of these terms and conditions.

 

2. ACCOUNT

If you register with Monbali Collection, you must create a password and we may request additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to: (a) Immediately notify Monbali Collection of any unauthorized use of your password or account or any other breach of security. (b) Ensure that you log out of your account at the end of each session. You may never use another user's account without Monbali Collection's prior authorization. Monbali Collection will not be liable for any loss or damage arising from your breach of this agreement.

Users can cancel their accounts at any time and for any reason by sending us your request through our contact information. Said cancellation will only imply the elimination of the account and the deletion of all the personal data provided to Monbali Collection.

Monbali Collection reserves the right to terminate your account or access immediately, with or without prior notice, and without liability to the user, if Monbali Collection considers that the user has breached any of these terms, has provided Monbali Collection false or misleading information, or has interfered with the use of the website or the service by third parties.

 

3. NOTIFICATIONS AND NEWSLETTER

By providing Monbali Collection with your email address and phone number, you agree that we may use your email address to send you order status notifications, important communications about our services or products, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications, and other messages, such as changes to service features, product news, and special offers on our products. If you do not want to receive these emails, SMS messages or push notifications, you can opt out by sending us your request through our contact information or by using the "unsubscribe" option in the emails or by replying with the word "STOP" to SMS messages. Opting out may prevent you from receiving emails, SMS messages and push notifications about updates to your order, news or special offers from our products.

4. PURCHASES ON THE WEBSITE

By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Check the characteristics and variants of the products, such as sizes and colors, before placing your order.

When a customer places an order, Monbali Collection will send that customer an email whose purpose is to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has confirmation of their purchase and the details of the order.

If the customer places the order and any product or products included in it are out of stock, Monbali Collection will contact the buyer and give him the option of choosing another similar product at the same price or a refund of the amount paid for the product.

We reserve the right to limit the number of units purchased by each user. Monbali Collection also reserves the right to limit the sales of our products on a regional or jurisdictional level.

Monbali Collection may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payment made for the products will be fully refunded. This does not affect your statutory rights.

All new orders are considered separately and each one is treated individually.

 

5. PRICES

Monbali Collection reserves the right to determine the price of the products. The price of the product and its different variants will be available on the page of each product. Product prices and shipping charges are subject to change at any time based on currency exchange rates.

Monbali Collection will use reasonable efforts to keep the pricing information posted on the website up to date. We encourage you to periodically check our website for updated pricing information.

We will always try to ensure that the prices on the website are accurate. However, pricing errors may occur from time to time, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order in case he is not satisfied with the correct price communicated in said order of products.

 

6. PAYMENTS

The products will be paid by credit and debit card through the payment processor “Wix Payments”. The customer must pay the price of the product stipulated in the order before the product is shipped to the customer. Payment will be charged to the customer's credit/debit card immediately after placing the order for the purchased product(s). Once the transaction is processed, we will send you an electronic receipt of the same to the email address that you indicate during the purchase process. 

If you find any inconsistency in your billing, please contact us through our contact information or you can make a claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card-issuing bank removes the authorization. This usually takes 2-5 business days. Your card may be declined for a variety of reasons, including insufficient funds, an AVS (Address Verification System) mismatch, or you entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment data will be treated and guarded with total security and with the exclusive purpose of processing the purchase of the products. Monbali Collection reserves the right to contract any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of products.

 

7. PRODUCT DESCRIPTIONS

Monbali Collection tries to be as accurate as possible. However, Monbali Collection does not warrant that product descriptions, product prices, or other content on this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary depending on the color resolution of the user's device screen.

 

8. DISCLAIMER

Monbali Collection is not responsible if the material of our products causes any type of allergy at the time of use. If an allergy to the materials in our products occurs, please discontinue use of the product and consult a healthcare professional.

By visiting the Website and accessing the content available on the Website, you accept personal responsibility for the results of the use of the information and content available on the Website. You agree that Monbali Collection does not guarantee the results of actions advised or not advised by this website and the content available on the website. Monbali Collection provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the Website will be the result of your own efforts, your particular situation, and a host of other circumstances beyond Monbali Collection's control.

 

9. THIRD PARTY MATERIALS

Our website, products and content may contain materials from third parties. Third Party Materials means any content, images, videos, text, or other material owned by a third party, such as stock images, videos, and text. Such third party materials are subject to applicable third party terms and licenses and may only be used as permitted by such terms and licenses.

 

10. COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyright, trademark and / or other intellectual property rights owned and controlled by Monbali Collection or by third parties who have licensed or provided their material to the Website. You acknowledge and agree that all materials on the Website are made available for limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the express prior written permission of Monbali Collection. You may not add, remove, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to use the Monbali Collection or any part of the material for any purpose other than its intended purpose is strictly prohibited. Please do not copy any content and pass it off as your own, as copyright infringement will occur.

 

11. COPYRIGHT COMPLAINTS (DMCA)

Monbali Collection will respond to all queries, complaints and claims regarding an alleged infringement due to non-compliance or violation of the provisions contained in international copyright and intellectual property laws and regulations. Monbali Collection respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Website infringes your copyright or other intellectual property right, please send us your request through our contact information, with the following information: 

  • Identification of the intellectual property right allegedly infringed. Any relevant registration numbers or a statement regarding the ownership of the work must be included.

  • A statement that specifically identifies the location of the infringing material, in sufficient detail that Monbali Collection can find it on Monbali Collection's website. 

  • Your name, address, telephone number and email address.

  • A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agents, or the law.

  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

  • An electronic or physical signature of the copyright owner or person authorized to act on the copyright owner's behalf.

 

12. PROHIBITED ACTIVITIES

The content and information available on the website (including, without limitation, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide said content and information, are owned by Monbali Collection or are licensed by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through of the website. In addition, the following activities are prohibited

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or exploit in any way any content on the website, including, but not limited to, the use of any robot, spider, scraper or other means automated or any manual process for any purpose not in accordance with these terms.

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

  • Deep link to any part of our website for any purpose without our express written permission.

  • "Frame", "mirror" or otherwise incorporate any portion of the Services into any other website or service without our prior written permission.

  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Monbali Collection in connection with the Website.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any content.

 

13. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Monbali Collection provides and maintains the Website on an "as is", "as available" basis and does not promise that use of the Website will be uninterrupted or error free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely as a convenience to you and we are not responsible for the content of those sites.

Except as provided above, we cannot offer any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be responsible for and will reimburse Monbali Collection for any loss or damage caused as a result.

Monbali Collection shall not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, internet outages, communications outages, fire , floods, wars or acts of God.

These terms do not affect your legal rights as a consumer, which are available to you.

Subject to the foregoing, to the fullest extent permitted by law, Monbali Collection excludes liability for any loss or damage of any kind arising, including without limitation any direct, indirect or consequential loss, whether or not arising from any problem that you notify Monbali Collection and Monbali Collection shall have no liability to pay any monies by way of compensation, including without limitation all liability in connection with:

  • Any incorrect or inaccurate information on the website.

  • The infringement by any person of any Intellectual Property Right of any third party caused by your use of the website or any product or service purchased through the website.

  • Any loss or damage resulting from your use or inability to use the Website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.

  • Any loss of profits, waste, corruption or destruction of data, or any other loss that does not directly result from something we have done wrong.

  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property, caused by persons accessing or using content on the website or by transmissions through from emails or attachments received from Monbali Collection.

  • All representations, warranties, conditions and other terms that would have no effect but for this notice.

 

14. INDEMNIFICATION

You agree to defend and indemnify Monbali Collection and any of its directors, employees and agents from and against any claim, cause of action, demand, recovery, loss, damages, fines, penalties or other costs or expenses of any kind or nature. , including, but not limited to reasonable legal and accounting fees, incurred by third parties as a result of:

  • Your breach of this Agreement or the documents referenced in it.

  • Your violation of any law or the rights of a third party.

  • Your purchase of the products.

 

15. ELECTRONIC COMMUNICATIONS

Monbali Collection will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any service provider , for the accessibility or availability of the Internet or for traffic congestion or unauthorized human act, including any error or mistake.

 

16. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users upon entry into force. In addition, we may terminate the agreement with you under these terms at any time by giving you written notice (including by email) or without notice.

 

17. PERSONAL DATA

Any personal information you post or submit in connection with purchasing products will be used in accordance with our privacy policy. Read our privacy policy.

 

18. INTEGRATION CLAUSE

This agreement, together with the privacy policy and any other legal notices published by Monbali Collection, will constitute the entire agreement between you and Monbali Collection in relation to and governs the use of the website.

 

19. DISPUTES

You agree that any dispute, claim, or controversy arising out of or relating to the breach, termination, enforcement, interpretation, or validity of these Terms or your use of the Website and purchase of the Products shall be resolved by binding arbitration. between you and Monbali Collection, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the products offered through the Website or the breach of these terms and conditions, the parties agree to submit their dispute to resolution by arbitration before a reputable arbitration organization as agreed upon. mutually by the parties and in accordance with the applicable commercial arbitration rules.

You agree to initiate a formal dispute procedure by sending us a communication through our contact information. Monbali Collection may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process with an accredited arbitration organization and submit a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive for the parties.

To the extent permitted by law, you agree that you will not file, join, or participate in any class action lawsuit in connection with any claim, dispute, or controversy that may arise in connection with your use of the Website and purchase of Products.

The courts of the United States, specifically the courts located in the state of Wyoming, will have jurisdiction over any dispute, controversy, or claim relating to Monbali Collection and its business operations. Any dispute or controversy must be brought and resolved in the courts of the United States, specifically the courts located in the state of Wyoming.

 

20. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.

Our compliance with these terms is subject to existing laws and legal process, and nothing in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements related to your use of our website. , your purchase of products on our website, or information provided or collected by us in connection with your use of the website and purchase of products.

If any part of these conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired in any way. The fact that we do not apply or delay the application of any provision of these terms at any time does not imply that we waive our right to apply the same or any other provision in the future.

All rights not expressly granted herein are reserved.

 

21. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or through the contact information below:

Monbali Collection - Monbali Group LLC.

Telephone: +34 629512281

Email: hello@monbalicollection.com