Sales conditions

GENERAL TERMS AND CONDITIONS OF SALE

1. PARTIES AND IDENTIFICATION OF THE SELLER

On the one hand, the supplier of the products, BIOFACTORY S.L., whose trading name is BIOFACTORY S.L. (hereinafter also referred to as the Provider), having its registered office at Cortit 16, 08027 Barcelona, Barcelona, Tax Identification Number (N.I.F.) B61350757, Customer Service telephone number +34 932 430 830, and e-mail address hola@mon.es, and being the owner of the website www.mon.es, hereby sets out the contractual document governing the purchase of products through the aforementioned website.

On the other hand, the User – Customer (hereinafter, the User), registered on the website by means of a username and password, for whose use and safekeeping the User bears full responsibility, and who is responsible for the accuracy of the personal data provided to the Provider. The Customer may be either a natural person, over 18 years of age and with full legal capacity, or a legal entity. If the CUSTOMER is not considered a consumer under the applicable legislation, the provisions of the Spanish Consolidated General Law for the Protection of Consumers and Users (TRLGDCU) shall not apply.

BOTH PARTIES ACCEPT this document, which implies that the User:

a. Has read, understood and comprehended the contents herein.

b. Is of legal age and has sufficient legal capacity to enter into contracts.

c. Accepts all the obligations set forth herein.

d. Has read and accepts these General Terms and Conditions of Purchase from the moment any of the products offered is purchased.

This document may be printed and stored by Users. Users are advised to keep a copy of the information relating to the products purchased. The Provider makes the e-mail address hola@mon.es available to Users for any queries regarding these Terms and Conditions.

These Terms and Conditions shall remain valid indefinitely and shall apply to all purchases made through the Provider’s website www.mon.es. The Provider reserves the right to amend these General Terms and Conditions unilaterally, provided that such amendments do not affect products or promotions purchased prior to the amendment, with the aim of improving the products offered. In any event, these General Terms and Conditions must be consulted before purchasing any products.

BIOFACTORY S.L. shall not be liable for any consequences arising from improper use of the products offered for sale on the website.

BIOFACTORY S.L.’s civil liability in respect of the products supplied shall be limited to the value of those products. The User waives any claim against BIOFACTORY S.L. for any reason whatsoever arising from dissatisfaction with products purchased through www.mon.es, including any failures, delays in access or errors affecting access to the website, including any loss of data or other information stored on the User’s computer or network when accessing www.mon.es

BIOFACTORY S.L. is a company specialising in the distance sale of cosmetic products. BIOFACTORY S.L. sells its products online via its website. The Provider has/does not have a physical shop at Cortit 16, 08027 Barcelona, Barcelona, for the sale of its products.

2. SUBJECT MATTER OF THE CONTRACT

2.1 Scope

The purpose of this Contract is to regulate the contractual relationship arising between the Provider and the User when the latter accepts these purchase conditions during the online purchasing process by ticking the corresponding acceptance box. These General Terms and Conditions (GTCs) shall apply from the date on which the order is placed.

The contractual sales relationship involves the delivery of a specific product in exchange for a specified price publicly displayed on the website.

2.2 Territorial Scope

The online shop at www.mon.es operates within mainland Spain, the Balearic Islands, the Canary Islands and countries of the European Union.

2.3 Capacity to Contract

To place an order, you must be of legal age and have the legal capacity to enter into binding contracts.

2.4 Customer Acceptance

Validation of an order through www.mon.es is carried out by e-mail and also constitutes automatic acceptance of these General Terms and Conditions. These Terms and Conditions are available on www.mon.es or, if requested, may be sent by e-mail.

2.5 Amendment of the General Terms and Conditions

BIOFACTORY S.L. reserves the right to make changes and/or amendments to these General Terms and Conditions. Customers are advised to review them regularly. Where such changes or amendments are introduced after an order has been placed, the version of the Terms and Conditions in force on the date the order was placed shall apply.

3. PRODUCT INFORMATION

3.1 Publication of Prices

The prices of the products are those displayed for each product on our website www.mon.es.

3.2 Product Information

The information contained in our advertising, brochures, other written materials, on our website, or otherwise provided to you constitutes an invitation to purchase. The contents of www.mon.es are continually updated in order to provide customers with the most complete and detailed information possible.

All contractual information displayed on www.mon.es is provided in Spanish, and communications with customers and users, as well as the conclusion of the contract, shall be conducted in Spanish. However, if the Customer so wishes and indicates this before beginning the purchasing process, another language may be used.

3.3 Product Availability

There may be occasions when it is impossible to supply all products because they are out of stock or unavailable at the time of purchase. In such cases, the product concerned will not be displayed as available for purchase.

3.4 Right of Cancellation

BIOFACTORY S.L. reserves the right to cancel the dispatch of any product that does not meet the quality standards applicable to all products sold through www.mon.es.

Should any quality issue be detected, BIOFACTORY S.L.’s Customer Service Department will propose a replacement product and, if the replacement is not acceptable to the Customer, the cost of the product concerned shall be refunded.

3.5 Receipt of Orders

Orders may be placed 24 hours a day, 365 days a year, via the website.

Orders received outside preparation hours or during weekends and public holidays shall be processed on the next working day.

3.6 Fraud

If BIOFACTORY S.L. suspects or detects any anomaly or fraudulent activity, it reserves the right to cancel the transaction for security reasons.

4. PURCHASE PROCEDURE

In all cases, once the online purchasing process has been completed, the Provider’s ordering platform shall send the User an e-mail confirming all the characteristics of the purchased product, its price, method of transport, date of purchase and estimated delivery period.

If there is any error in the delivery address or in any other aspect of the order, the Customer must notify the Provider immediately using the e-mail address shown on the website so that the error can be corrected.

Should you have any questions, you may contact our Customer Service Department using any of the methods provided on www.mon.es.

BIOFACTORY S.L. provides FREE Customer Service via the contact e-mail address hola@mon.es. If the User chooses any alternative means of communication, the User shall bear the corresponding communication costs.

BIOFACTORY S.L. also provides telephone numbers in Spain, the cost of which shall depend on the User’s telephone service provider.

5. DELIVERY

5.1 Carrier

Orders shall be dispatched through the carrier designated by BIOFACTORY, S.L. at any given time, depending on the destination, the characteristics of the order and the quality of the service provided.

Once the order has been dispatched, the Customer shall, where applicable, receive a dispatch confirmation together with the information required to track the shipment.

5.2 Delivery Charges

Delivery charges vary depending on the destination of the order and shall be communicated to the Customer before the final confirmation of the purchase.

As a general rule, the following conditions shall apply:

Mainland Spain: Free delivery on orders over €30. Orders below this amount are subject to a delivery charge of €5.
Balearic Islands: Delivery charge of €12. Free delivery on orders over €90.
Canary Islands: Delivery charge of €49.90. Deliveries to the Canary Islands are dispatched on Fridays, with an estimated delivery time of 7 days.
European Union countries: Delivery charge of €34.90. Free delivery on orders over €200.

For orders that do not meet the minimum amount required to qualify for free delivery, the applicable delivery charge will be displayed during the purchasing process before the order is finally confirmed.

BIOFACTORY, S.L. reserves the right to amend delivery charges and delivery conditions whenever necessary. In all cases, the Customer shall be informed of the total applicable delivery charges before completing the purchase.

5.3 Delivery Address

During the purchasing process, the Customer must specify the delivery address for the order.

It shall be the Customer’s responsibility to provide a complete and accurate delivery address, together with all information necessary for successful delivery. BIOFACTORY, S.L. shall not be liable for delays or failure to deliver resulting from incomplete, incorrect or inaccurate information provided by the Customer.

Deliveries shall generally be made on working days and during the carrier’s normal delivery hours.

Deliveries are available to mainland Spain, the Balearic Islands, the Canary Islands and countries of the European Union, in accordance with the conditions and charges indicated during the purchasing process.

BIOFACTORY, S.L. shall take all reasonable steps to ensure that orders are delivered within the estimated delivery times stated on the website and in the order confirmation. However, such delivery times are indicative only and may be affected by circumstances beyond the control of BIOFACTORY, S.L., including logistical incidents, force majeure events or delays attributable to the carrier.

5.4 Delivery Times

Estimated delivery times are indicated on each product page and during the purchasing process. These delivery periods shall begin once the order has been confirmed and the corresponding payment has been successfully verified.

BIOFACTORY, S.L. only markets products that are available in stock. Accordingly, orders shall only be processed and dispatched once product availability has been confirmed.

Delivery times are estimates only and may vary depending on the delivery destination, the carrier or circumstances of force majeure beyond the control of BIOFACTORY, S.L. In any event, BIOFACTORY, S.L. shall take all reasonable measures to ensure that orders are delivered within the delivery period communicated to the Customer.

5.5 Dispatch Confirmation

When the order is handed over to our carrier, we will send a dispatch confirmation to the e-mail address provided when the order was placed.

The dispatch confirmation will include the relevant tracking number so that the Customer may monitor the progress of the shipment through the carrier’s website.

5.6 Transport Incidents and Damage

Products are dispatched in secure packaging.

If, at the time of delivery, it is clearly visible, without the need to open or handle either the shipping packaging or the product packaging, that a product has been damaged during transport, or if there is an obvious error in the goods received, the Customer must immediately contact our Customer Service Department on +34 932 430 830 or by e-mail at hola@mon.es in order to arrange the return of the affected product(s) and either:

their replacement with products in perfect condition; or
reimbursement of the purchase price,

according to the Customer’s instructions provided in the relevant e-mail.

Likewise, if damage to the product is discovered after opening the parcel, despite the outer packaging being in perfect condition, the consumer must notify the Seller of the lack of conformity as soon as they become aware of it by contacting our Customer Service Department on +34 932 430 830 or by e-mail at hola@mon.es

6. PRICES AND PERIOD OF VALIDITY OF OFFERS

6.1 Prices

All prices displayed on www.mon.es include the VAT applicable at the time of purchase.

All prices shown on the website are valid and expressed in Euros (€).

Unless expressly stated otherwise, prices do not include delivery charges, handling costs, gift wrapping, shipping insurance or any additional services associated with the purchased product or service.

6.2 Value Added Tax (VAT)

In accordance with Spanish Act 37/1992 of 28 December on Value Added Tax, deliveries of products shall be subject to VAT whenever applicable under the legislation in force.

The VAT rate applied shall be the rate legally in force at the time the order is placed.

Orders delivered to the Canary Islands, Ceuta and Melilla shall not be subject to VAT, without prejudice to the application of any taxes, customs duties, administrative charges or other fees applicable under the legislation in force in those territories, which shall, where applicable, be borne by the Customer.

6.3 Electronic Invoice

The Customer may expressly consent to receiving invoices in electronic format by selecting the relevant option during the purchasing process before completing the order.

Where such consent is given, the invoice shall be sent electronically to the e-mail address provided by the Customer and no paper invoice shall be included with the shipment.

The Customer may withdraw such consent at any time by notifying BIOFACTORY, S.L. through the Customer Service Department.

6.4 Promotions

The prices applicable to each product shall be those published on the website and shall automatically apply during the purchasing process prior to final confirmation of the order.

For promotions of limited duration, the corresponding discount shall only apply to orders placed during the promotional period.

Delivery and shipping conditions are governed by the relevant section of these General Terms and Conditions.

6.5 Evidence of Transactions

Electronic records and payment records shall constitute evidence of the transactions carried out, without prejudice to any rights granted to consumers under the applicable legislation.

6.6 Order Enquiries

For any enquiries relating to an order, the Customer may contact the Customer Service Department using the telephone number or e-mail address provided on the website.

7. METHODS OF PAYMENT

BIOFACTORY, S.L. makes the following payment methods available to Customers for the purchase of products offered on the website.

7.1 Payment Methods

Payment by Credit or Debit Card

The Customer may pay using a credit or debit card accepted by the payment gateway. To do so, the Customer must provide the information requested during the purchasing process.

The payment shall be charged once the transaction has been authorised by the relevant financial institution. If payment is not authorised or cannot be properly verified, the order shall not be processed.

Payments are processed through a secure payment gateway using SSL/TLS encryption protocols and the enhanced authentication mechanisms required under the applicable payment services legislation, thereby ensuring the confidentiality and security of the information transmitted.

BIOFACTORY, S.L. does not store Customers’ full bank card details.

PayPal

The Customer may also pay using PayPal.

By selecting this payment method, the Customer will be redirected to PayPal’s secure platform in order to complete the transaction in accordance with PayPal’s Terms of Use and Privacy Policy.

Once payment has been confirmed, the order will be processed and the Customer will receive the corresponding purchase confirmation.

Bizum

The Customer may pay using Bizum for Businesses, integrated into BIOFACTORY, S.L.’s payment gateway.

To complete the transaction, the Customer must enter the telephone number associated with their Bizum account and follow the authentication procedure established by their banking institution.

Payment shall be subject to the Terms of Use of the Bizum service and the Customer’s financial institution.

The order shall be processed once the transaction has been duly authorised and confirmed.

7.2 Suspension of Payment

BIOFACTORY S.L. may suspend the processing of an order where payment has not been properly authorised, confirmed or received, or where there are reasonable grounds to suspect fraud, error, unauthorised use of the payment method or identity theft.

In such cases, BIOFACTORY S.L. may request the Customer to provide any information necessary to verify the transaction. The suspension shall remain in force only for the period strictly necessary to carry out such verification.

If payment is confirmed or the issue is resolved, the order shall continue to be processed. If payment is rejected, cancelled, reversed or otherwise remains unresolved, BIOFACTORY S.L. may cancel the order and notify the Customer accordingly.

Such suspension shall not prejudice any statutory rights available to consumers under the applicable legislation.

8. RIGHT OF WITHDRAWAL

8.1 Exercising the Right of Withdrawal

In accordance with the legislation in force concerning consumer protection, the Customer has the right to withdraw from the purchase within fourteen (14) calendar days from receipt of the order, without having to provide any reason.

To exercise this right, the Customer must notify BIOFACTORY, S.L. of the decision to withdraw by means of an unequivocal declaration sent by e-mail to hola@mon.es, stating the order number and identifying the product(s) to be returned.

The products must be returned without undue delay and, in any event, within a maximum period of fourteen (14) calendar days from the date on which the withdrawal was communicated.

The direct cost of returning the goods shall be borne by the Customer, who may freely choose the carrier they consider appropriate for returning the products to BIOFACTORY, S.L.’s premises.

The Customer shall only be liable for any diminished value of the products resulting from handling beyond that necessary to establish their nature, characteristics and functioning.

In accordance with the applicable legislation, the right of withdrawal shall not apply to those cases expressly excluded by law, including sealed products which have been unsealed after delivery and which are unsuitable for return for reasons of health protection or hygiene.

8.2 Returns Due to Errors Made by BIOFACTORY S.L.

Where the product supplied does not correspond to the order placed due to an error attributable to the Company, the Customer must notify BIOFACTORY S.L. by e-mail as soon as possible.

BIOFACTORY S.L. shall bear the costs of collecting the incorrectly supplied product and delivering the product originally ordered.

Verification of Returns

The inspection and verification of returned products shall be carried out by BIOFACTORY S.L.

Once the returned products have been received at its premises, BIOFACTORY S.L. shall verify that all the requirements set out in Section 8.1 have been met.

Should any required element be missing, the Customer shall be notified in writing by e-mail specifying the missing item or requirement.

8.3 Verification of Returns

Once the returned products have been received at our premises, BIOFACTORY, S.L. shall verify that the return complies with the conditions established in these General Terms and Conditions.

If it is found that the product has been used beyond what is necessary to establish its nature, characteristics or functioning, or that it otherwise fails to meet the conditions required for return under the applicable legislation, BIOFACTORY, S.L. shall inform the Customer accordingly and explain any consequences that may arise.

8.4 Refunds

Once the return has been accepted, BIOFACTORY, S.L. shall refund the Customer the amount corresponding to the returned products and, where applicable, the delivery costs relating to the standard delivery option offered during the purchasing process.

The direct costs of returning the products shall be borne by the Customer, except where the return results from an error attributable to BIOFACTORY, S.L., the delivery of an incorrect product, or a lack of conformity of the product, in which case BIOFACTORY, S.L. shall bear such costs.

The refund shall be made using the same means of payment used by the Customer for the purchase, unless the Customer has expressly agreed otherwise, and shall be processed within a maximum period of fourteen (14) calendar days from the date on which BIOFACTORY, S.L. was informed of the Customer’s decision to exercise the right of withdrawal.

However, BIOFACTORY, S.L. may withhold the refund until it has received the returned products or until the Customer has supplied satisfactory evidence that the products have been returned, whichever occurs first.

9. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES

9.1 Warranty

All products offered through the website are entirely genuine unless otherwise stated in the relevant product description.

9.2 Satisfaction Guarantee

If, after receiving the product and within the statutory withdrawal period, the Customer is not satisfied with the purchase, the Customer may choose either to return the product or to exchange it for another item, provided that the conditions set out in these General Terms and Conditions are met.

Where the Customer requests an exchange:

If the replacement product is of a higher value, the Customer shall pay the difference.
If the replacement product is of a lower value, BIOFACTORY, S.L. shall refund the difference using the same payment method used for the original purchase, unless otherwise expressly agreed.

Any transport costs arising from returning the original product and dispatching the replacement product shall be borne by the Customer, unless the exchange or return results from an error attributable to BIOFACTORY, S.L. or from a lack of conformity of the product.

9.3 Warranty in the Event of a Defective Product

In the event that a product is defective, BIOFACTORY S.L. shall, where appropriate, repair or replace the product, reduce the purchase price or terminate the contract, as applicable. Such remedies shall be provided free of charge to the Customer.

BIOFACTORY S.L. shall be liable for any lack of conformity that becomes apparent within three (3) years from the date of delivery. The consumer must notify BIOFACTORY S.L. of the lack of conformity within two months of becoming aware of it.

9.4 Product Recalls

If BIOFACTORY S.L. receives notification from the manufacturer, distributor or a national or European authority that a product offered for sale has been recalled, the Company shall immediately cease selling that product.

Information regarding dangerous products is publicly available through the Safety Gate portal.

10. SECURITY AND FRAUD PREVENTION

The Customer acknowledges and agrees that BIOFACTORY S.L. will never request, by e-mail, instant messaging, SMS, telephone call or any other unauthenticated communication channel:

a) changes to the bank account used for payment;

b) payments to suppliers, intermediaries or third parties other than those expressly identified on the official platform;

c) transfers to bank accounts not communicated through the Customer’s private user account or the official e-commerce channels;

d) passwords, verification codes, full bank card details, login credentials or any other confidential information.

Any communication apparently sent by BIOFACTORY S.L. requesting changes to bank account details, payments to third parties, payments outside the official platform, amendments to payment instructions, disclosure of confidential information or any similar action shall be regarded as potentially fraudulent, particularly where it contains external links, attachments, unofficial e-mail addresses, spelling mistakes, unjustified urgency or unusual requests.

The Customer undertakes to verify the authenticity of any suspicious communication before making any payment, providing any information or following any instructions received electronically.

Such verification must be carried out exclusively through the official communication channels published on BIOFACTORY S.L.’s website or through the Customer’s private account, and not by replying directly to the suspicious message or by using any links, telephone numbers or contact details contained within it.

BIOFACTORY S.L. shall not be liable for any damage, loss, charges, transfers, unauthorised payments, unauthorised access or any other loss suffered by the Customer as a result of following instructions contained in fraudulent communications, phishing, spoofing, identity theft or social engineering attacks carried out by third parties, provided that such communications were not sent through the official systems of BIOFACTORY S.L. and are not the direct consequence of any breach by BIOFACTORY S.L. of its legal or contractual obligations.

In particular, BIOFACTORY S.L. shall not be liable for:

payments made by the Customer to bank accounts other than those indicated on the official platform;
payments made outside the payment methods authorised by BIOFACTORY S.L.; or
the voluntary disclosure by the Customer of personal data, banking information, login credentials or security codes to third parties fraudulently impersonating BIOFACTORY S.L.

The Customer must immediately notify BIOFACTORY S.L. of any suspected fraud, phishing attempt, identity theft, unauthorised use of their account or receipt of suspicious communications.

Failure to notify BIOFACTORY S.L. without delay may limit its ability to implement mitigation, blocking, warning or investigative measures.

Nothing contained in this clause shall limit or exclude any liability of BIOFACTORY S.L. where such liability cannot legally be excluded, including cases involving wilful misconduct, gross negligence, breach of statutory security obligations, security failures attributable to its systems or any other liability which cannot be excluded under the applicable legislation governing consumer protection, e-commerce, payment services, data protection or cybersecurity.

BIOFACTORY S.L. may publish security notices, anti-fraud recommendations and updates concerning its official communication channels. The Customer undertakes to review such recommendations and to exercise reasonable care in order to prevent fraud arising from unverified communications.

11. SEVERABILITY

Should any provision of these General Terms and Conditions be declared wholly or partially void, invalid or unenforceable, such invalidity or unenforceability shall affect only that specific provision, or the affected part thereof, and the remaining provisions of these General Terms and Conditions shall remain in full force and effect, with the invalid provision being deemed not to form part of the agreement.

12. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law insofar as no express provision states otherwise.

The Provider and the User agree that any dispute arising from the provision of the products or services covered by these Terms and Conditions shall be submitted:

to the Courts and Tribunals corresponding to the Provider’s registered office, where the Customer is not considered a consumer under the Spanish Consolidated General Law for the Protection of Consumers and Users (TRLGDCU); or
to the Courts and Tribunals corresponding to the Customer’s place of residence, where the Customer is considered a consumer under the TRLGDCU.

13. APPLICABLE LEGISLATION

These General Terms and Conditions are subject, among others, to the following legislation:

European legislation

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the Internal Market.
Regulation (EU) 2023/988 on General Product Safety.
Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR).

Spanish legislation

Act 3/2014 amending the General Law for the Protection of Consumers and Users.
Act 7/1998 on General Contract Conditions.
Organic Act 3/2018 on Personal Data Protection and Guarantee of Digital Rights.
Act 7/1996 on Retail Trade.
Act 34/2002 on Information Society Services and Electronic Commerce, as amended.

14. DATA PROTECTION

In accordance with Regulation (EU) 2016/679 (GDPR), Organic Act 3/2018 (LOPDGDD) and the applicable legislation on personal data protection, BIOFACTORY S.L., acting as Data Controller, informs Customers that the personal data provided shall be processed for the purposes of maintaining, developing, managing and performing the contractual relationship arising from the services covered by this Contract.

The data shall be retained for the duration of the contractual relationship. Once that relationship has ended, the personal data shall be retained in a duly blocked form for the period required under the applicable legislation.

No disclosure of personal data to third parties is envisaged unless required by law.

The data subject is informed that they may withdraw their consent to the processing of personal data at any time. Should such consent be withdrawn, the contract may need to be terminated where the processing of personal data is essential for its performance.

The Customer may also exercise the rights of access, rectification, erasure, data portability, restriction of processing and objection by contacting BIOFACTORY S.L. at hola@mon.es.

Should the Customer consider that the processing of personal data does not comply with the applicable legislation, they are entitled to lodge a complaint with the Spanish Data Protection Agency (AEPD).

BIOFACTORY S.L. confirms that it has implemented the security measures required under the applicable data protection legislation.

All employees of BIOFACTORY S.L. who process Customer information shall be informed of and comply with the applicable data protection regulations.

15. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome.

Please send any comments or suggestions to our contact e-mail address:

hola@mon.es

Official consumer complaint forms are also available.

They may be requested by calling Customer Services on +34 932 430 830 or by contacting us via hola@mon.es.