Terms and Conditions

1. Online Store – Mona Tomassi Studio, available at the website monatomassi.com, the website administrator is Mona Tomassi Studio, represented by Monika Tomsia, based in Madrid, Calle Delicias 39, 4 exterior

Company’s data: 

Monika Tomsia

NIF: Y5428404G
Calle Delicias 39, 4 exterior

28045 Madrid, Spain 

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Online Store.

Definicje

1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – a natural person running a business under the name Monika Tomsia based in Spain, Calle Delicias 39, 4 exterior, 28045 Madrid, Company data: NIF Y5428404G 
3. Customer – any individual making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
5. Store – an online store run by the Seller on the website: monatomassi.com.
6. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment of conclusion of the contract.
7. Terms and conditions – these Store regulations.
8. Order – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller .
9. Account – customer account in the Store, it contains data provided by the Customer and information about Orders placed by him in the Store.
10. Registration form – a form available in the Store that allows you to create an Account.
11. Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of payment.
12. Shopping Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a graphic design available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3

Contact

1. Seller’s address: Calle Delicias 39, 4 exterior, 28045 Madrid, Spain
2. Seller’s e-mail address: [email protected]
3. Seller’s telephone number: +34 694408836
4. Seller’s bank account number ES32 1465 0100 96 1743241984
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The customer may communicate by phone with the Seller within hours 10-16.

§ 4

Technical requirements

To use the Store, including viewing and ordering the Products, they are necessary :

1. terminal device with access to the Internet and a web browser such as Firefox, Google Chrome, Safari, Internet Explorer etc.
2. an active e-mail account (e-mail),
3. enabled cookies,
4. FlashPlayer installed.

§ 5

General information

1. The Seller, to the fullest extent permitted by law, is not liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure. 
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s is possible after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions. 
3. Prices in the store are given in Euro (EUR). The prices of the Store are shown in the store in the net and gross version (including VAT).
4. All Store Products are digital products that the Customer downloads from the Store after making a purchase. 
5. No physical product will be shipped to the customer after purchase.
6. The terms of using the Store’s Products after the purchase have been described in the License tab on this Website, presenting the conditions of the commercial license applicable to all Store Products.

§ 6

Creating an Account in the Store 

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: username, e-mail address and password.
2. Creating an Account in the Store is free.
3. Lo into Account is possible by entering the username and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

In order to place an Order, you must: 

1. log into the Store,
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button,
3. complete the Order Form,
4. click the “Order and pay” button
5. choose one of the available payment methods and pay for the order within a specified period (§ 9 point 3). 

§ 8

Payment methods offered

1. The customer can use the following payment methods:

1. Payment by bank transfer to the Seller’s account
2. Payment by credit card

§ 9

Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains the Seller’s statements about receiving the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller .
3. After the Customer selects payment by bank transfer or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
4. After Seller receives the payment, the option to download the Product appears on the Customer’s Account in the Store .

§ 10

The right to withdraw from the contract

1. The Store’s products are digital products that are not recorded on a tangible medium.
2. By accepting these regulations, the Customer loses the right to withdraw from the contract within 14 days of making a purchase in the Store in accordance with the applicable consumer law in the European Union regarding digital products. 
3. After making the payment for the Product and downloading the digital graphic file provided in the Customer’s panel, the Product cannot be returned.

§ 11

Complaints procedure

1. The Sales Agreement covers Products, i.e. graphic designs in digital form.
2. In the event of receiving an incorrect file or a defect of the purchased Product, the Customer has the right to make a complaint based on the provisions on European Union Consumer Rights.
3. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Terms and Conditions. 
4. In order for the complaint to be considered correct, it must contain a product number, description of the Product defect and the circumstances of its occurrence, and attached photo (e.g. a screenshot or a photo of the printout) with a visible Product error. In addition, the complaint should include the data of the customer submitting the complaint.
5. The Customer has the right to demand that the defect of the product be removed, and if the defect is still visible after the repair by the Seller, the Customer has the right to apply for a refund.
6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.

§ 12

Final Provisions

1. The activity conducted through the monatomassi.com website is subject to the applicable European legislation relating to e-commerce regulations and the Spanish legislation. Among others Organic Law 15/1999, of December 13, on the Protection of Personal Data, Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of 13 December, Protection of Personal Data, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, Civil Code and Royal Legislative Decree 1/2007, of November 16, by which the revised text of the General Law for Consumers and Users and other complementary laws is approved. 
2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in payment methods or in order to improve the operation of the Store. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date the User concluded the Agreement with the Seller. We recommend that Users read the Terms and Conditions every time they enter our website, and whenever they want to make a purchase, so that they can freely decide whether they want to continue using it and make purchases. 
3. The customer has the right to use extrajudicial means of dealing with complaints. For this purpose, it may pursue its claims through, among others, the EU online platform ODR: https://ec.europa.eu/consumers/
4. In the event of controversy or conflicts that may arise from the interpretation or compliance with these Regulations of the monatomassi.com website, the parties agree to be resolved by courts and tribunals in Spain.