General sales terms and conditions – El Chiquitin & Aperocar
El Chiquitin and Aperocar
are trade names of Montgo Beach SL
Registred in the: Registro Mercantil de Alicante, Tomo 4254, Libro 0, Folio 54 Seccion 8, Hoja A 167380.
Av de la Libertat 47B, 03730 Javea (Alicante)
Article 1: General provisions
The e-commerce websites of Montgo Beach SL with its registered office at Mola del Murar 5, 03730 Javea, hereinafter “Montgo beach”, provides its customers with the option of buying products from its web shop.
The registered websites are: elchiquitin.com, aperocar.com and aperocar.es
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the web shops of Montgo Beach, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Montgo Beach. With respect to the accuracy and completeness of the provided information, Montgo Beach is solely bound to obligation of means.
If the Customer has specific questions about for instance availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Montgo Beach. Montgo Beach cannot be held liable for the non-availability of a product.
Article 4: Online purchases – how to:
1) Go to "Online ordering" menu
2) Choose your drinks and / or plates
3) For most items you can choose additional options or formulate a special request.
4) Set quantity
5) Repeat steps 1 to 4 for each wished item
6) Click "Order now"
7) Follow the guided steps in the checkout section.
The Customer may choose between the following payment methods:
by credit card online: American Express, Visa or Mastercard.
by credit card offline at delivery: American Express, Visa or Mastercard.
In cash at delivery
Montgo Beach is entitled to refuse an order if the customer is unable to prove his/her age or in any other circumstances when:
- in doubt about the payment.
- the customer is under the influence of alcohol or drugs
Article 5: Delivery and execution of the agreement
For now, we offer home delivery and take-away with the possibility of online ordering and payment. This allows for 100% contactless deliveries.
For alcoholic beverages the card holder has to proof his/her age at delivery (18+), in compliance with the Spanish law.
All our products are packed hermetically allowing you to wash them before opening, if you wish to do so.
Delivery at ground-level: doorstep or gate.
You are delivered by a refrigerated truck which allows to fully respect the cold chain and guarantee that your drinks and cold plates arrive cold.
All our personnel has the: Certification Food Hygiene and Safety.
Articles ordered via this webshop will be delivered in Jávea, as clearly delimited in the check-out section.
Delivery occurs within 2 hours after ordering, except in case of force majeure.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to the driver.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier).
Article 6: Retention of title
Delivered articles remain the exclusive property of Montgo Beach until the moment the Customer pays for the goods in full.
Article 7: Right of withdrawal
The Customer has no right to withdraw from this agreement.
Article 8: Customer service
Montgo Beach customer service can be reached at phone number +34653865813 or via e-mail at ChiquitinJavea@outlook.es.
Article 9: Penalties for non-payment
Without prejudice to the exercise of any other rights that Montgo Beach is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Montgo Beach is entitled to take back the unpaid or incompletely paid for articles.
Article 10: Privacy
Montgo Beach adheres to the General Data Protection Regulation (GDPR).
The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Montgo Beach, ChiquitinJavea@outlook.es. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Montgo Beach, ChiquitinJavea@outlook.es
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
Your online payment information is not stored by us. The handler is: Stripe.com
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Montgo Beach has no access to your password.
Montgo Beach saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at ChiquitinJavea@outlook.es
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
Following cookies might be used:
“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 12: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Montgo Beach to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 13: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Montgo Beach. In case of inconsistencies, the present Terms take precedence.
Article 14: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 15: Applicable law - jurisdiction
Spanish law is applicable, only the courts of the Alicante Province have jurisdiction in the case of any disputes.
The “hoja de reclamaciones” are available at our premises: Av de la Libertat 47B, 03730 Javéa.