GENERAL CONDITIONS

  1. OBJECT AND SCOPE OF APPLICATION

1.1. This section informs you about the conditions of use of our website  www.monkeyplaza.com and the terms and conditions that will govern the services and product sales operations between MonkeyPlaza and its distributors. It also establishes our Privacy Policy , and in this link you can read our Cookies Policy.

1.2. Using this website or registering as a user presupposes acceptance of these General Conditions.

1.3. These General Conditions will apply to services and product sales operations between  MonkeyPlaza and its Distributors (hereinafter, “Distributor”).

1.4. They will also be understood as accepted by the Distributor, for all purposes, when placing any order with MonkeyPlaza.

1.5. These General Conditions exclude the application of any general purchase conditions of the Distributor or third parties.

1.6. The sale and purchase operations between MonkeyPlaza and the Distributor will be complemented, where appropriate, by the Particular Conditions that may be expressly agreed between the parties, with no value, for all purposes, any other conditions that have not been expressly accepted in writing.

  1. WHOLESALE PACKS

2.1. MonkeyPlaza offers special conditions to customers who activate a Wholesale Pack, as shown on our website.

2.2. The activation of the Wholesale Pack implies the acceptance of sales and after-sales conditions between companies, differing from the conditions applicable to an end customer. In particular, the right of withdrawal is excluded for all products and services purchased from MonkeyPlaza

2.3. The activation of a Wholesale Ecommerce or Marketplaces Pack implies the acceptance of a recurring payment with the frequency selected at the time of activating the pack. Renewal is automatic without prior notice.

2.4. The expiration / renewal date of the Wholesale Pack is available in the control panel.

2.5. The Distributor may cancel the pack at any time from his control panel. The pack will remain active until the expiration date, but will no longer be renewed.

2.6. MonkeyPlaza will not make refunds for a subscription period not completed.

2.7. MonkeyPlaza reserves the right to modify the conditions and prices of the wholesale packs at any time.

2.8. MonkeyPlaza has the authorization to assign the rights to images and videos to the distributor, the latter having the obligation to use this material only to facilitate the commercialization of products acquired in MonkeyPlaza

2.9. The disclosure of the images and videos to third parties is totally prohibited and the distributor will be obliged to take the necessary measures to avoid fraudulent use of them. In turn, its use without having the active Wholesale Pack service.

2.10. The use of the graphic material and content provided by MonkeyPlaza without having the Wholesale Pack service active, or after its non-renewal, is totally prohibited, the Distributor being obliged from that moment to cease its use and immediately destroy any copy that remains in his power.

2.11. MonkeyPlaza is not responsible for any errors or differences in the descriptions, technical specifications, or finishes shown in the photographs due to changes made by the manufacturers and / or product updates. In no case will the distributor be entitled to claim if the delivered product differs in these terms from the one published on MonkeyPlaza.

  1. DROPSHIPPING STORES

3.1. 360º dropshipping stores are delivered as they are at the time of purchase, becoming the property of the Distributor. You can check the store demos to get a true picture of the product at the time of purchase.

3.2. Stores require initial setup by the Distributor. MonkeyPlaza offers the customer an online manual for the configuration and use of the stores: Academy

3.3. For the installation of the 360º dropshipping stores based on Prestashop, it is necessary for the customer to hire the hosting service of their store, selecting one of the recommended hosting options.

3.4. It is possible that due to the introduction of new functionalities and / or catalogs in the stores, or to the hosting services themselves, the Distributor may be required to change the server to guarantee the correct functioning of the store.

3.5. MonkeyPlaza offers a synchronization service as long as the customer maintains an active wholesale pack that allows synchronization.

3.6. MonkeyPlaza offers a technical support service limited to the synchronization and basic operation of the store. Due to the characteristics of technical incidents, resolution may be delayed or may not be fully satisfactory. MonkeyPlaza acts within the limits of its capacity and is not responsible for any damages that may arise from unresolved incidents.

3.7. Some technical support services may have an associated cost, such as: Reinstallation, Transfer of server, Change of template or Back-up.

3.8. The stores are delivered with certain limited functionalities to ensure the proper functioning of the store. The store owner can request Administrator rights to be able to make non-recommended modifications to the store. MonkeyPlaza reserves the right not to offer technical support to those clients who have requested Administrator rights.

3.9. MonkeyPlaza will not make store refunds as they require a specific job for each customer.

  1. Connectors

4.1. MonkeyPlaza offers connectors to Marketplaces and eCommerce software.

The acquisition of the connector is limited to access to a connection tool between MonkeyPlaza and the corresponding Marketplace or eCommerce software.

4.2. To have access to the synchronization service through the connector, the distributor must have an active wholesale pack compatible with the connector purchased.

4.3. It is the responsibility of the distributor to create the seller account in the Marketplace, as well as to know and respect its conditions of sale.

4.4. For a correct synchronization with the eCommerce software it is necessary that both the server and the version of the eCommerce software are compatible.

You can consult the minimum requirements among the documentation available in our Academy.

4.5. MonkeyPlaza will be able to make modifications to the connectors, mainly to introduce improvements and new functionalities, optimize processes and adapt to the requirements of Marketplaces or eCommerce software.

4.6. MonkeyPlaza is not responsible for any malfunction arising from changes in both commercial policies and technical updates in the different marketpaces.

Although it will adapt its tools within the limits of its capacity in a reasonable period of time without accruing any responsibility or compensation during said process or update

4.7. The acquisition of connectors allows multiple possibilities of parameterization through the Multi-Channel Integration Platform.

It is the responsibility of the distributor to check that the result of the synchronization is in accordance with their expectations and the conditions of the sales platform.

4.8. MonkeyPlaza will not make reimbursements for connectors, particularly for incompatibilities, such as changes in the requirements or in the situation of the seller accounts in the Marketplaces.

  1. ORDERS

5.1. Once the registration procedure in our system has been completed, the Distributor can place his order through the following means:

  • 1.1. Electronic commerce: Through the website www.monkeyplaza.com , following the established purchase procedure.
  • 1.2. Through any of the tools offered depending on the pack or system contracted.

5.2. Placing the order by the Distributor implies full acceptance of the prices, the description of the products for sale and these General Conditions. In order for the order to be considered effective, you must receive express confirmation from MonkeyPlaza. All orders are subject to the availability of the items.

5.3. Our products are offered within the available stock limit shown on the web. The indications on the availability of the products are only shown to our wholesale customers after they have logged in to MonkeyPlaza. All errors or exceptional modifications are beyond our control and do not imply any responsibility on the part of MonkeyPlaza. In case of unavailability of the product, once the order has been placed, we will inform you by email of the delay, partial shipment or cancellation of this.

5.4. The preparation times of the products are indicated next to their availability. Preparation times refer to business days only. Most of the products indicate a period of 24/48 hours. MonkeyPlaza will try to dispatch the orders within the indicated period, but sometimes there may be delays beyond our control, without generating the right to any compensation. The preparation times that exceed 24/48 are estimates, so MonkeyPlaza does not guarantee the dispatch within the estimated times indicated.

5.5. MonkeyPlaza reserves the right to modify the design of the products and / or their packaging in its constant search to improve and adapt them to the needs of the market, always guaranteeing that the quality will be similar or higher.

  1. PRICE

6.1. Sales prices do not include VAT or any other taxes. Both the shipping costs and the corresponding VAT will be calculated and added at the end of the order.

6.2. The price of the items does not include advice, installation, training or any other type of technical support, other than that specified in the guarantee regulations described in these same General Conditions.

6.3. The prices included in MonkeyPlaza e-commerce are subject to variations without prior notice, including their technical specifications.

6.4. In the event that the Distributor places an order for products with the wrong price, MonkeyPlaza will communicate the correct price and, where appropriate, its acceptance to place the order, provided that the Distributor expressly confirms it with the correct price.

6.5. Customers with an active wholesale pack in MonkeyPlaza can benefit from additional variable discounts depending on the products ordered and their quantities as indicated on the web.

  1. FORM OF PAYMENT

7.1. The Distributor may make payment by credit or debit card, bank transfer, PayPal and MonkeyPlaza Wallet

7.2. The availability of these payment methods depends on the type of service or product to be paid and the geographical location of the buyer or recipient.

7.3. The use of any of these payment methods implies acceptance of the conditions associated with it.

7.4. In order to improve the user experience, MonkeyPlaza reserves the right to activate a payment agreement through PayPal when the customer selects this payment method. The customer can request the cancellation of the collection agreement or cancel it from his PayPal account.

  1. SHIPPING AND TRANSPORTATION

8.1. The material will be sent to the address indicated by the Distributor at the time of purchase, allowing shipments to their final Customers (“Dropshipping”).

8.2. The dispatch times will be those indicated on the website. These may vary depending on the method of payment chosen.

8.3. MonkeyPlaza offers multiple transportation options. Their availability depends on the destination and the goods transported.

8.4. Transport times will depend on the destination and the transport option chosen

8.5. The indicated deadlines are estimated and not binding. The delay in meeting the deadlines will not entitle the Distributor to demand direct or indirect damages or compensation, reject the order or suspend the fulfillment of any obligation, especially that of payment.

8.6. If necessary, the distributor is responsible for communicating with his client to provide all the necessary information to the carrier to make the delivery.

8.7. MonkeyPlaza will not be responsible for the total or partial breach or delay in the fulfillment of its obligations towards the Distributor, if it is motivated by a fortuitous event or force majeure that affects both MonkeyPlaza and its suppliers or carriers, including the cases strike, other labor or industrial contingencies, lack or inability to obtain products, etc. MonkeyPlaza may consider current product orders canceled and without effect, without accruing any compensation or compensation in favor of the Distributor.

  1. RECEPTION

9.1. It is the obligation of the Recipient to verify at the time of receipt of the merchandise, that the delivery corresponds to the requested order, appears on the invoice and is correct in its presentation, status, documentation and packaging. In the event that any package has visible signs that suggest that it may be damaged, it is the Recipient’s obligation to record in writing on the delivery note (whether digital or on paper) that the merchandise is damaged. Accepting the merchandise without this reservation will invalidate subsequent claims by the Distributor.

9.2. In the case of finding yourself in any situation contemplated in the previous point, you must open an incident (from now on ticket) from the web www.bigbuy.eu in the section for incident processing.

9.3. It is the Distributor’s obligation to open the ticket through the correct channel depending on the type of incident or query made. Any ticket received through an incorrect channel or without the required documentation will be automatically canceled.

9.4. Claims will only be accepted by the Distributor in the following 5 calendar days after receipt. After said period without having made the claim, it will be understood that the merchandise has been received by the Recipient in perfect quality and quantity.

9.5. MonkeyPlaza reserves the right to resend, refund or require the Distributor to save the defective product in their MonkeyPlaza Returns panel as it sees fit.

  1. WARRANTY CONDITIONS

10.1. The guarantee of the products purchased by the MonkeyPlaza Distributor that are subsequently distributed to consumers and users will be managed directly between the Distributor and said consumers and end users.

10.2. The Distributor must comply with the conditions established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary regulations.

10.3. Products that have their own authorized Technical Assistance network will, in such case, be subject to the conditions and guarantee procedures established by them.

10.4. MonkeyPlaza offers the Distributor, as a general rule, a 24-month warranty on its products, covering only manufacturing defects in the product.

10.5. Refurbished products are warranted for 12 months. These products are classified according to their condition and claims related to the condition described will not be accepted.

10.6. MonkeyPlaza will not accept any shipment that has not been previously authorized by assigning an RMA number (“Return Merchandise Authorization”) by our After Sales service.

10.7. Once the product defect has been accredited by the SAT, a balance will be created in your MonkeyPlaza Wallet in favor of the Distributor for future purchases.

10.8. In the event that the product presented as defective does not actually have such a defect, MonkeyPlaza will notify the distributor that it will not be refunded. Remaining this for 7 days stored in the SAT waiting for the Distributor to confirm whether he wishes to recover the product after payment of the corresponding postage, or its abandonment. After this period, you will lose the right to any claim.

10.9. The guarantee will be automatically invalidated in these cases:

  • 9.1. Due to loss or manipulation of any of the control labels of the manufacturer and / or intermediaries of the distribution channel and / or MonkeyPlaza.
  • 9.2. When the cause of the damage or breakdown is due to incorrect use, non-application of the instructions in the accompanying manual, as well as accidents, improper use, blows, breakages, accidents or breakdowns produced by other causes not attributable to the normal operating conditions.
  • 9.3. When it comes to repairs due to absence of maintenance, adjustment, revision or cleaning.
  • 9.4. Use in unsuitable environments (dusty, exposed to direct sunlight, vibrations, extreme temperatures [below 5ºC and above 40ºC], humidity outside limits [below 10% and above 95%] and outlets current without grounding protection, or protection against overvoltages).
  • 9.5. For improper use of installed software or for use of illegal software.
  • 9.6. For damages caused as consequences of viruses or computer attacks.
  • 9.7. Because there is a life cycle less than the established warranty period.
  1. LIMITATION OF LIABILITY

11.1. MonkeyPlaza does not grant any guarantee nor is it responsible for the lack of suitability of the products for the purposes intended by the Distributor.

11.2. MonkeyPlaza will not be in any way responsible for any cost, charge or damage that has been incurred as a result of any breach by the Distributor of its obligations derived from these General Conditions, nor of the violation by the Distributor of any law or regulation in matters of consumer protection, health and public order.

11.3. MonkeyPlaza will not respond in any case to the Distributor or third parties for direct, indirect, derivative or related losses or damages with the object of this contract or the incorrect operation of the product, including accidents to persons, damage to goods other than the object of the contract or loss of benefits. Any commitment and obligations of the Distributor resulting from the existing guarantees between him and his Distributors that exceed the previous ones indicated and that have not been accepted by MonkeyPlaza in writing and expressly, will be the exclusive responsibility of the Distributor.

  1. CONDITIONS OF SALE OF PERFUMERY PRODUCTS, COSMETICS AND OTHER PRODUCTS OF FIRST BRANDS.

12.1. MonkeyPlaza has been authorized to use and exploit the rights over the images of perfumes and cosmetics and other top brand products that are used on its website, as well as to assign said right to users with a Wholesale Ecommerce Pack or Marketplaces contracted in MonkeyPlaza. These contents are protected by the legislation on intellectual property, which must be respected at all times by the distributor.

12.2. The transfer of said rights to the distributor is strictly limited to what is established in the commercial relationship through the Dropshipping method, so our distributors may use said images, solely and exclusively, for commercial purposes, without a specific geographical scope and only during for the duration of the commercial relationship between MonkeyPlaza and the Distributor.

12.3. The disclosure of the images and the transfer of the rights of use to third parties is totally prohibited. The distributor is obliged to take the necessary measures to prevent fraudulent use.

12.4. The suppliers of the perfumery and cosmetic products of the first brands that it commercializes through its platform have guaranteed to MonkeyPlaza that all the products are original, that they have been acquired either from their owners or from other authorized suppliers and that, in turn, they themselves have the necessary permits and authorizations for distribution.

12.5. The suppliers of the products that MonkeyPlaza sells have expressly guaranteed that the products have not been modified or altered, being of free transit and circulation within the European Common Market. These products are protected by the principle of free movement of merchandise within the European Union and by the exhaustion of trademark rights, so they can be legally marketed by their distributors.

12.6. MonkeyPlaza Distributors can market these items within the European Common Market, but they must know and respect European trademark legislation in the different channels. In case of not respecting it, the distributor will be solely responsible for the damages that it may cause to the owners of the brands.

12.7. MonkeyPlaza is not an official distributor of the brands and only acts as a reseller within the sales channel in the European economic area.

12.8. MonkeyPlaza is aware of the image of all these brands and in no case will it undermine their good name, but will provide the products and content to its distributors, reminding them of their duty to respect the correct marketing of these, and urging not to undermine the image or the positioning of said brands. MonkeyPlaza advises following the following premises:

  • 8.1. Market the products respecting the prestigious image of the brands.
  • 8.2. Market the products respecting a space for each of the brands in order to favor and protect their positioning and differentiation.
  • 8.3. Commercialize the products according to selective distribution, complying with the specific qualitative conditions that such commercialization entails, resembling it to the off-line channel.
  • 8.4. Respect any possible restriction imposed and notified by the brand or specific clauses to sell its products.
  • 8.5. Marketing these items by providing end Clients with a service in accordance with the brand image, which is why adequate training will be required to optimally advise Clients.

12.9. MonkeyPlaza’s suppliers and official and authorized distributors of the brands have expressly guaranteed to MonkeyPlaza that they have specific permission to resell the products on the internet through platforms or marketplace such as the one on its website. In any case, it is the MonkeyPlaza Distributor who must ensure, in advance, that the chosen sales channel is adapted to the selective distribution required by the products purchased, exempting MonkeyPlaza from any claim that may be received for it.

12.10. These platforms reserve the right to temporarily or permanently suspend the accounts of their Distributors in the event of breach of the conditions of sale, the distributor being the responsibility of compliance.

12.11. MonkeyPlaza recommends that its distributors find out about the possible restrictions of the chosen sales channel, ensure that it resembles and meets the requirements of selective distribution, as well as any restrictions that this channel unilaterally imposes on its Distributors.

12.12. The published images of the perfumery products may sometimes not correspond to the format sent by the manufacturers, the manufacturers reserve the right to change the packaging and format of the products without prior notice.

  1. CONDITIONS OF SALE OF FURNITURE AND DECORATION PRODUCTS.

13.1. The images of the furniture may suffer slight variations in terms of its tonality. In natural wood furniture, the color and grain may vary due to the nature of each wood used for its construction. Likewise, the color configuration of the monitor of each user could show a tone or color slightly different from the original, this case not being a reason for a claim from the Distributor.

  1. PRIVACY POLICY

14.1. MonkeyPlaza recognizes the importance of protecting the privacy and rights of its Distributors and guarantees the correct treatment of your data, fully respecting current legislation.

14.2. The Distributor, by registering on the MonkeyPlaza website, expressly accepts the processing of their personal data.

  1. PROPERTY

15.1 .. This website is the property of MonkeyPlaza, as well as all rights to its content, images, texts, design and software. All the elements of this page, including without limitations, its design and its content are protected by the laws of Intellectual Property, Industrial Property and international treaties referring to Copyright.

15.2. Unless it is explicitly authorized by MonkeyPlaza, you may not reproduce, transmit or exploit the content of this website in any way.

  1. SEVERABILITY

16.1. If any stipulation of these conditions lacks or becomes invalid or turns out to be unenforceable according to the applicable law, said stipulation would have no effect, but only to the extent of that precise lack of validity, and will not affect any other stipulation of the present conditions.

  1. APPLICABLE LAW AND JURISDICTION

17.1. These General Conditions of Sale will be governed and interpreted in accordance with current legislation in Spanish territory.

17.2. In the event of a dispute, the contracting parties submit to the Courts and Tribunals of Valencia (Spain) expressly waiving any other jurisdiction that may correspond to them.

17.3. However, the previous point will not prevent MonkeyPlaza from exercising the right to resolve any dispute in another competent jurisdiction.