Terms of service

PURPOSE

This document constitutes an adhesion contract for the use of the Internet page https://montserratmesseguer.com  (hereinafter the “Website” and/or “Site”) entered into by and between, on the one hand, Botas Jornada, SAPI de CV  (hereinafter “Montserrat Messeguer”), in its capacity as the responsible party, and, on the other hand, the User, both parties being bound by the provisions of this document.

ACCEPTANCE OF THE TERMS AND CONDITIONS

By entering and using this Internet portal, identified by the domain name https://montserratmesseguer.com, owned by Montserrat Messeguer, the User accepts the Terms and Conditions of Use contained in this contract and expressly declares such acceptance by electronic means, pursuant to Article 1803 and other related provisions of the Federal Civil Code (Código Civil Federal).

For the purposes of this contract, the parties agree that “User” shall mean any person of any nature who enters the website https://montserratmesseguer.com  and/or any of the subpages displaying its content, and/or any person of any nature who registers for and/or uses any of the services offered through said page.

If the User does not fully and completely accept the Terms and Conditions of this contract, the User must refrain from accessing, using and viewing the Website and/or any other service offered by Montserrat Messeguer.

Should the User access, use and view the Site, this shall be deemed an absolute and express acceptance of the Terms and Conditions of Use set forth herein, the other documents incorporated therein by reference, and the laws and regulations applicable under the legislation in force for the use of the Website.

Montserrat Messeguer will not keep an individualized copy of this agreement entered into between the User and the Company; therefore, the User is advised to keep a copy of these Terms and Conditions of Use for their own records.

Should the User violate the provisions of these Terms and Conditions of Use, Montserrat Messeguer may cancel the User's use, exclude the User from future transactions, and/or take any legal action it deems appropriate to protect its interests.

 

USE OF THE SITE  https://montserratmesseguer.com

The User and Montserrat Messeguer agree that:

• In order to use the Website, the User must be at least 18 years of age or be accessing it under the supervision of a parent or legal guardian.
• Montserrat Messeguer grants a non-transferable and revocable license to use the Website, under the Terms and Conditions of Use described herein, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the website https://montserratmesseguer.com exclusively for personal use; therefore, the commercial use of such information is expressly and strictly prohibited. In the case of a legal entity, it shall be subject to the provisions of Article 148, section IV, of the Federal Copyright Law (Ley Federal del Derecho de Autor). The reprinting, publication, distribution, assignment, sublicensing, sale, electronic or other reproduction, in whole or in part, of any information, image, document or graphic appearing on the website https://montserratmesseguer.com, for any use other than personal non-commercial use, is expressly prohibited to the User, unless the User has the prior written authorization of Montserrat Messeguer. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this section, without prior notice.
• Certain services and related features that may be available on                    https://montserratmesseguer.com  may require registration or subscription. The User acknowledges that, by providing personal information, the User grants to Montserrat Messeguer the authorization referred to in Article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related features, the User agrees to provide accurate and up-to-date information about themselves, and to promptly update such information if there is any change.
• Each User of the Site is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under their password or account. Furthermore, the User must notify the Company of any unauthorized use of their password or account. In no event shall Montserrat Messeguer be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.
• During the registration process, the User agrees to receive promotional emails from  https://montserratmesseguer.com. However, the User may subsequently opt out of receiving such promotional emails by clicking the link at the bottom of any promotional email.
• Montserrat Messeguer reserves the right to block access to, or partially or totally remove, any information, communication or material that, in its sole judgment, may be: i) abusive, defamatory or obscene; ii) fraudulent, deceptive or misleading; iii) in violation of copyrights, trademarks, confidentiality, trade secrets or any intellectual property right of a third party; iv) offensive; or v) in any way contrary to the provisions of this contract.
• Montserrat Messeguer does not represent that the content of its Site may be legally viewed outside the United Mexican States. Access to the content may not be legal for certain persons or in certain countries. If the User accesses the content from outside the United Mexican States, the User does so at their own risk and is responsible for compliance with the laws of the jurisdiction in which the User is located.
• Users are prohibited from violating or attempting to violate the security of the Website and of the affiliated Websites of Montserrat Messeguer; the User is prohibited from: (a) accessing data that the User is not authorized to use, or logging into a server or account to which the User does not have authorized access; (b) attempting to probe, scan or test the vulnerability of a computer system or network, or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or to the affiliated websites of Montserrat Messeguer; overloading such sites by means of "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
• The User acknowledges that violations of the computer system or network security may give rise to civil or criminal liability. Montserrat Messeguer will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations under the terms established by applicable law.
• In order to properly access the Site, Users must have the equipment and facilities necessary to connect to the Internet (computer, telephone, modem, software, etc.), the use of such equipment being their sole responsibility.
• Montserrat Messeguer is exempt from any liability arising from interruptions or suspensions of Internet access service caused by failures in the telecommunications system or in the electrical power supply, acts of God or force majeure, or any action of third parties that may disable the equipment providing access to the network.
• Accordingly, Montserrat Messeguer is not liable for any damage, harm or loss to the User caused by failures in the system, the server or the Internet. Nor shall the Company be liable for any virus that may infect the User's equipment as a result of accessing, using or examining the Site, or as a result of any transfer of data, files, images, text or audio contained therein. Users may NOT hold the Company liable or demand payment for damages or losses by reason of technical difficulties or failures in the systems or the Internet. Montserrat Messeguer does not guarantee continued or uninterrupted access to and use of the Site. The system may occasionally be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the Company's control; in such cases, efforts will be made to restore it as quickly as possible, without any liability being attributable to the Company as a result. Montserrat Messeguer shall not be liable for any error or omission contained on the Site.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT

Montserrat Messeguer acknowledges that it is the sole owner of the intellectual property rights, whether registered or unregistered, in the site https://montserratmesseguer.com, including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, text, logos, trademarks, domain names, trade names and data included on the Website https://montserratmesseguer.com. The entire content of our site is also protected by copyright as a collective work under the copyright laws of Mexico and international conventions. All rights reserved.

Users are advised that such rights are protected by current Mexican and international legislation on intellectual and industrial property and copyright.

The copying, reproduction, adaptation, modification, distribution, commercialization, licensing, sending, disclosure, public communication and/or any other act that constitutes an infringement of current Mexican or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Site, is prohibited without the prior express written authorization of Montserrat Messeguer.

If the User transmits to Montserrat Messeguer  any information, programs, applications, software or, in general, any material that requires licensing through the Website https://montserratmesseguer.com, the User hereby grants to Montserrat Messeguer  a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, including the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, and publicly display and perform them.

The provisions of the preceding paragraph shall likewise apply to any other information that the User sends or transmits to Montserrat Messeguer, including, without limitation, questions, reviews, comments and suggestions for renewing or improving the Website, whether these have been included in any space of the aforementioned page or by virtue of other means or modes of transmission now known or developed in the future. In addition, when the User submits comments or reviews to the website, the User also grants to Montserrat Messeguer the right to use the name that the User submits, in connection with such review, comment or any other content.

Accordingly, the User hereby expressly waives the right to bring any action, lawsuit or claim against Montserrat Messeguer, its affiliates or suppliers for any actual or potential infringement of any copyright or intellectual property arising from the information, programs, applications, software, ideas and other material that the User submits to the website https://montserratmesseguer.com.

If the User considers that any content published on the Website infringes intellectual or industrial property rights, the User may submit a notification by contacting the Customer Service center of Montserrat Messeguer. The User must provide: i) truthful personal data (name, address, telephone number and email address of the claimant); ii) handwritten signature with the personal data of the holder of the intellectual property rights; iii) a precise and complete identification of the content(s) protected by the allegedly infringed intellectual property rights, as well as the location of such violations on the referenced website; iv) an express and clear statement that the content(s) indicated were introduced without the consent of the holder of the allegedly infringed intellectual property rights; v) an express and clear statement, under the claimant's responsibility, that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.

The Website contains links to third-party websites. These links are provided solely as a convenience of the Website for the User and do not imply that Montserrat Messeguer has approved the content of such third-party websites. Montserrat Messeguer is not responsible for the content of linked third-party websites and makes no representation regarding the content or accuracy of the material on such third-party sites. If the User decides to access third-party websites through these links, the User does so at their own responsibility and risk.

 

ADVERTISING MATERIAL

The User acknowledges and agrees that some parts of the Website may contain information, images, advertisements and other advertising or promotional material from third-party sponsors and advertisers (hereinafter “Advertising Material”). Advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Website complies with the relevant laws and regulatory codes. Montserrat Messeguer is not responsible for any error or inaccuracy in the advertising materials.

Likewise, the User hereby acknowledges and agrees that such Advertising Material is protected by the applicable intellectual and industrial property laws.

 

WARRANTY OF PURCHASED PRODUCTS

Montserrat Messeguer acts as a distributor for manufacturers or wholesale distributors who warrant that the products sold on the website https://montserratmesseguer.com function properly and have no defects or hidden flaws that could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, the use that each User makes of the products is their sole responsibility, without any liability on the part of Montserrat Messeguer.

The duration of the contractual warranty is clearly detailed on the product page of each item and is issued and backed by the manufacturer or supplier of each product.

No User may request a warranty broader than the one indicated there. In such cases, Montserrat Messeguer shall not be obligated to honor such warranties, nor to collect the defective product(s).

The warranty shall become void in the event of defects or deterioration caused by external factors, accidents, in particular electrical accidents, wear and tear, improper use, or installation and use not in accordance with the supplier's or manufacturer's instructions.

The warranty excludes products transported, modified or repaired by the User or by any other person not authorized by Montserrat Messeguer. The warranty shall not apply to apparent flaws and lack-of-conformity defects of the product, for which any claim must be made by the User in question within 7 (s) calendar days following delivery of the products.

 

PRODUCT INFORMATION

The information provided about each product, as well as the photographs or videos relating to them and the trade names, trademarks or distinctive signs of any kind contained on the Site of Montserrat Messeguer, are displayed for guidance purposes only. Montserrat Messeguer is not responsible for any error or inaccuracy in the product information.

 

CREDITS AND PROMOTIONS

Montserrat Messeguer will inform Users subscribed to the newsletter, by email, of all future promotions and opportunities, with their respective dates and conditions.

Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding such terms and conditions.

Coupons from Montserrat Messeguer cannot be combined with other coupons from the same store.

Credits generated by the promotional actions of Montserrat Messeguer (coupons, etc.) may be exchanged exclusively for physical products sold on the Website https://montserratmesseguer.com. Credits may not be exchanged for other credits.

 

PURCHASE OF PRODUCTS

In order to purchase products, the User must pay for the selected products, taxes and corresponding shipping costs through the payment service providers that Montserrat Messeguer makes available to the User on the Website. The User may purchase products through the Website for delivery to an address within the United Mexican States or abroad. 

Once the purchase has been made by the User, through the implicit acceptance of the Terms and Conditions of Use, Montserrat Messeguer will send an email to the User with the details of the purchase made.

 

PAYMENT

Payment for products purchased on the Site may be made through any of the payment methods offered by the Site, including, among others: credit card, debit card and PayPal. The list of payment methods offered may be subject to change at any time without prior notice to Users.

Payment by credit card or any other online payment method must be made on the Site.

The order number assigned when the transaction is made on the Site does not imply acceptance of the transaction. Should there be any problem with the order, the User will be contacted by email or by telephone.

Montserrat Messeguer will send the purchase confirmation by email. Only after payment confirmation will the products be released for delivery to the delivery address indicated by the User.

Montserrat Messeguer reserves the right to request official documents from its customers as a means of validating the process of purchasing products through the Site.

In the event that the corresponding Banking Institution disowns charges made by the relevant User by credit card and arising from transactions carried out on the Site, Montserrat Messeguer reserves the right to initiate the corresponding legal actions and to establish criminal or civil liability, as the case may be, or of any other nature, as well as to take any internal actions, which may range from charging the credit card of such User again to the permanent removal of the User from the Site, for which no prior authorization from the User shall be required.

 

ORDER ACCEPTANCE AND PRICES

All product prices shown on the Website include VAT (IVA) and any other taxes that may apply to them. However, these prices do not include the costs of shipping the products, which will be detailed separately in each order and must be accepted and paid, prior to shipment, directly and exclusively by the User.

The User should bear in mind that there are cases in which an order cannot be processed for various reasons. In this regard, Montserrat Messeguer reserves the right to refuse or cancel any order for any reason, at any time. Furthermore, it should be understood that the User may be asked for additional information, including before the order is accepted.

Montserrat Messeguer will provide the most accurate pricing information for Users; however, certain errors may still occur, such as cases in which the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any order. In the event that the price of an item is incorrect, at the discretion of Montserrat Messeguer may contact the User to request instructions or cancel the order and will notify the User of such cancellation. It should be noted that Montserrat Messeguer shall have the right to cancel such orders, whether or not the order has been confirmed and paid.

 

PRODUCT AVAILABILITY

All products offered on the Site are subject to stock and availability; therefore, the delivery time may vary with prior notice from us, or the order may even be canceled and the User's charges refunded, as the case may be.

If the delivery time offered is not entirely satisfactory to the User, the User may request cancellation of the order.

 

SHIPPING COSTS AND DELIVERY OF PRODUCTS

Montserrat Messeguer will ship the products purchased by the User to the address specified by the User for this purpose, provided that such address is within the coverage area communicated by Montserrat Messeguer.

The delivery time begins upon confirmation of payment by the bank, the online payment platform, or the Credit department of Montserrat Messeguer.

The products will be shipped and delivered to the User by third parties (hereinafter “Carriers”). Accordingly, the User agrees to be bound, for the shipment and delivery of the products, by the delivery policies of the Carriers, which are incorporated by reference into these Terms and Conditions of Use.

The time frame described on the Site is an estimate. As such, it may change for logistical reasons and reasons of force majeure. In the event that any fortuitous event or force majeure delays the delivery of the products purchased on the Site, Montserrat Messeguer shall at all times be exempt from any liability.

If the User has not received the products within the time frame stated by Montserrat Messeguer , the User must contact the Company through the customer service center.

The freight cost will be added to the value of the merchandise purchased and will be calculated and communicated to the User before the purchase is confirmed. The freight cost may depend on factors such as the total weight of the merchandise, the distance and the type of delivery, and may be modified by Montserrat Messeguer at any time without prior authorization from the User.

Upon delivery, the person receiving the merchandise will be asked for official identification (voter ID card, passport, FM2 immigration form or driver's license); therefore, this document must be at hand upon delivery of the purchase.

Montserrat Messeguer recommends that the User verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, the User is asked not to accept delivery from the Carrier and to immediately contact the customer service center of Montserrat Messeguer.

 

CANCELLATION OF THE PURCHASE OF PRODUCTS

In the event that cancellation of a purchase is requested, Montserrat Messeguer will evaluate each request and reserves the right to accept or deny any change with respect to the purchase of any product of the brand, without exception. If the Products have already been shipped by Montserrat Messeguer, the User may not cancel the purchase made. To request cancellation of a purchase, the User must contact the brand through the means published on the website. 

 

EXCHANGES AND RETURNS

Under no circumstances will returns of products purchased from the brand be accepted, without exception. If a User requests a return, the product(s) purchased in the original purchase may be exchanged for any other product of the brand Montserrat Messeguer. A product may be exchanged up to three times, within a period of no more than 30 calendar days after the purchase, or 30 calendar days from the date the product was received by the User. Any exchange is subject to inventory availability. The product(s) must be in the same condition in which they were delivered to the User and, to the extent possible, in their original packaging and labeling, or alternatively in a similar format that ensures the return in perfect condition.

Product exchange process: 

1. The User must contact the customer service center of Montserrat Messeguer within the established period, requesting the exchange of the products and providing their first and last name, order number, names of the products to be returned, and the address to which the products will be sent. If the exchange request is due to the product(s) being defective or being a product different from the one purchased through the Website, the User must also state such circumstance and, where applicable, describe the defects of the products (hereinafter the “Exchange Request”).
2. Once the Exchange Request has been approved, Montserrat Messeguer may send the User a waybill for the return shipment through the corresponding Carrier, and schedule the date on which the Carrier will pick up the products from the address provided by the User. Pickup requests by the carriers are subject to the service coverage of the corresponding companies. 
3. The User must, where applicable, pack the product in its original box or packaging, print and hand over the waybill, and deliver the Products in their original packaging or box to the Carrier on the date scheduled for that purpose.
4. The cost of the shipments required for the product exchange process shall be borne by the User. Montserrat Messeguer will cover shipping costs only if the product(s) are defective or are a product different from the one purchased through the Website. 

 

 

 

REFUNDS

Refunds only apply when a purchase is cancelled, either at the User's request, in accordance with the “Cancellation of the purchase of products” section, or by Montserrat Messeguer, in the cases provided for in these Terms and Conditions. If payment was made by debit or credit card, the refund will be made through a chargeback to the same card that was used. If payment was made by other means, the refund will be made through a bank transfer to the User's account.

Montserrat Messeguer is not and will not be responsible for costs incurred by exchanges made without following the steps established in the “Exchanges and Returns” section.

Refund period in case of cancellation

In the event of cancellation of the purchase made by the User in accordance with the “Cancellation of the purchase of products” section of these Terms and Conditions, Montserrat Messeguer shall request the refund to the User of the total amount paid by the User within 7 calendar days following the date of cancellation of the User's purchase.

 

USER'S RESPONSIBILITY REGARDING TRANSACTIONS

The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data provided to the User for their profile have been conceived exclusively for personal use and must be treated confidentially. The User must change their passwords regularly. All transactions carried out through the profile account will be attributed to the holder of the relevant profile account and will be binding.

The User shall be liable without limitation for direct and indirect damages, as well as consequential damages, that they may cause through gross negligence or unlawful intent.

INVOICING POLICIES

The User must send an invoice request to the Company's customer service center within 24 hours from when the purchase was made. Invoice requests for purchases that do not fall within this period will not be processed.   

When requesting the invoice, the User must have at hand and provide the following tax requirements:

• RFC (Federal Taxpayer Registry number) with Homoclave
• Full name or corporate name
• Complete tax address, including street, neighborhood (colonia), borough (delegación) or municipality, state and postal code
• Method of payment used (cash, electronic funds transfers, nominative checks, or debit, credit or service cards, or so-called electronic wallets authorized by the Tax Administration Service (Servicio de Administración Tributaria))
• Indicate at least the last 4 digits of the payment account
• Email address to which the invoice will be sent
• Once the corresponding invoice has been issued, Montserrat Messeguer may not re-invoice or issue subsequent invoices.

 

RESTRICTIONS FOR MINORS

Montserrat Messeguer does not knowingly sell to minors; therefore, parents and guardians are advised to carry out product purchases or registration on the Website themselves.

Parents or guardians of minors shall be responsible for the acts carried out by them under these Terms and Conditions of Use, including damages caused to third parties and actions carried out by them that are prohibited by law and by the provisions of this agreement, without prejudice to the liability of the User, provided that the User is not the parent or legal representative of the offending minor.

 

LIABILITY

The User hereby agrees to indemnify and hold harmless Montserrat Messeguer and its subsidiaries, parent company, shareholders, directors, employees, officers, board members and agents from and against any actions, proceedings, liabilities, lawsuits, claims, losses, liabilities, damages, costs, harm, expenses and court costs, as well as the expenses, costs and fees of attorneys and external advisors arising from or related to the User's violation of: (i) these Terms and Conditions, and/or (ii) any laws, rules, decrees or regulations in force.

Montserrat Messeguer reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of an indemnity associated with any breach by the User. The User agrees to cooperate with Montserrat Messeguer in the preparation of the relevant defenses.

 

MODIFICATIONS TO THE SITE https://montserratmesseguer.com

Montserrat Messeguer may, at any time and whenever it deems appropriate, without the need to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to any claim or indemnity, nor implying any acknowledgment of liability in favor of the User.

 

TERM, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE

The Company and the User acknowledge that the Terms and Conditions are of unlimited duration and shall enter into force upon their publication on the Site.

Montserrat Messeguer reserves the right to make changes to this document without prior notice. Accordingly, Montserrat Messeguer recommends that the User reread this document regularly, so as to always remain informed of any modifications. Changes to the contract will become effective immediately after their publication on the Site. Once the modifications have been made, the User who continues to use the Site will be presumed to have full knowledge of, to have read and to have consented to the amended Terms and Conditions. If the User does not accept the modified terms and conditions, the User must stop using the Website.

Montserrat Messeguer may at any time suspend access to the Website and/or terminate these Terms and Conditions. Termination of these Terms and Conditions shall in no event imply that Montserrat Messeguer must indemnify the User. 

 

SURVIVAL

These Terms and Conditions of Use, together with the additional terms, constitute the entire agreement between the parties and supersede any other prior agreement or contract. Any clause or provision of this contract, as well as of the additional terms, that is legally declared invalid shall be eliminated or modified, at the election of Montserrat Messeguer, in order to correct its flaw or defect. However, the remaining clauses or provisions shall retain their force, binding effect and validity.

 

ADDITIONAL TERMS

Occasionally, Montserrat Messeguer may review, update and/or add to the Terms and Conditions of Use of this contract additional provisions relating to specific areas or new services provided on or through the Website https://montserratmesseguer.com, which will be published in the specific areas or new services of said site for reading and acceptance. The User acknowledges and agrees that such additional terms form an integral part of this contract for all applicable legal purposes.

 

GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the legislation in force in Mexico, Distrito Federal (Federal District), waiving the application of the United Nations Convention on Contracts for the International Sale of Goods.

 

ASSIGNMENT OF RIGHTS

The rights granted to the User must be considered personal rights, and the User may not assign or transfer them, nor authorize any third party to use them in any way. Montserrat Messeguer may assign, in whole or in part, its rights and/or obligations to any third party, subsidiary or parent company of Montserrat Messeguer without prior authorization from the User. By virtue of such assignment, Montserrat Messeguer shall be released from any obligation in favor of the User established in this contract.

 

NO WAIVER OF RIGHTS

Inaction by Montserrat Messeguer, its affiliates or suppliers in exercising any right or action arising from this contract shall in no event be construed as a waiver of such rights or actions.

 

INDEMNIFICATION

The User agrees to indemnify Montserrat Messeguer, its affiliates, suppliers, vendors and advisors for any action, lawsuit or claim (including attorneys' fees and court costs) arising from any breach by the User of this agreement, including, without limitation, those arising from:

1. Any aspect relating to the use of the website https://montserratmesseguer.com.
2. The information contained in or available on or through said Site, or insults, defamation or any other conduct by the User in violation of this contract in the use of the aforementioned Website.
3. The violation of applicable laws or international treaties relating to copyright or intellectual property, contained in or available on or through said Website.

 

MISCELLANEOUS

If any provision set forth in these Terms and Conditions is illegal, void or unenforceable in any jurisdiction, this shall not affect: (i) the legality, validity or enforceability in such jurisdiction of any other provision of this agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of such or any other provision of this agreement.

Montserrat Messeguer may refrain from exercising any of the rights and powers conferred in this document, which shall in no event imply a waiver thereof, except upon express acknowledgment by Montserrat Messeguer, or the lapse of the statute of limitations for the corresponding action in each case.

The headings of the clauses are included herein solely for convenience and ease of reference; therefore, they shall in no way be considered for purposes of interpretation, nor shall they affect the obligations contained herein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated from time to time by Montserrat Messeguer through the Website, constitute the entire agreement between the User and Montserrat Messeguer with respect to the Services offered by Montserrat Messeguer through the Website.