Terms of service
- Identification of the website owner
This website (the "Website") is operated by Moncho Moreno LLC, a limited liability
company duly organized under the laws of the State of Florida, United States ● Company name: Moncho Moreno LLC
● Legal Address: 2000 Ponce de Leon Blvd, Coral Gables, FL 33134, USA
● Contact e-mail address online@monchomoreno.com
Jurisdiction and Applicable Law: The use of this Web Site, the services offered and any contractual relationship arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to its principles of conflicts of laws. Specifically, Moncho Moreno LLC operates in compliance with applicable Florida law, including, but not limited to, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and the Uniform Commercial Code (UCC) as adopted in Florida.
In addition, Moncho Moreno LLC complies with applicable U.S. federal legislation,
including, among others, the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Magnuson-Moss Warranty Act (as it relates to product warranties, if applicable), and guidelines and regulations issued by the Federal Trade Commission (FTC).
2. Object of the contract
This contract regulates the terms and conditions applicable to the use of the website operated by Moncho Moreno LLC, as well as the purchase of products offered through it.
Moncho Moreno LLC markets hair care products, including, but not limited to, shampoos, conditioners, masks, treatments, and other related cosmetics for personal use. All products offered are labeled in accordance with applicable Food and Drug Administration (FDA) regulations where applicable, and are sold as is, subject to availability.
The sale of products through this website is limited to the territory of the United States of America, including the 50 states and the District of Columbia. Orders with delivery addresses outside the United States are not accepted.
3. Requirements for the use of the website
The use of the Moncho Moreno LLC website and the making of purchases through the website are subject to the following requirements and restrictions:
The website is intended only for persons 18 years of age or older who have the legal capacity to form binding contracts in the United States. By using this site, you represent and warrant that you comply with these requirements.
This website and the products offered are intended solely for use and shipment within the United States. We do not accept orders or provide services outside the United States, regardless of the user's country of residence.
Moncho Moreno LLC makes no representation that the content or products available on this site comply with laws or regulations outside the United States, nor that they may be lawfully acquired or used in other jurisdictions. Any access from outside the United States is at the user's own risk and may be subject to local legal restrictions.
4. Purchase Process and Contract Formation
I. Acceptance of Terms and Ordering: In order to make a purchase on the Website,
the user must follow the established online purchase process. As part of this process, the user will be required to read and expressly accept these Terms and Conditions through an active acceptance mechanism (for example, by checking a box or clicking a button indicating "I accept the Terms and Conditions"). This electronic acceptance is legally valid under applicable law (including the E-SIGN Act).
II. Steps in the Purchase Process: The purchase process will typically include the
following steps:
A. Select the desired products and add them to the shopping cart.
B. Provide the necessary billing, shipping and contact information.
C. Review the order summary, including the products, final prices (with
applicable taxes and shipping charges), shipping address and applicable
policies (including these Terms and the Return Policy).
D. Expressly accept these Terms and Conditions.
E. Select a valid payment method and enter the required information, authorizing
the corresponding charge.
F. Confirm and submit the order by clicking on the designated button (e.g. "Place
Order", "Confirm Purchase"). Submission of the order by the user constitutes
an offer to purchase the selected products.
III. Order Confirmation and Acceptance by Moncho Moreno LLC:
A. Acknowledgement of Receipt: Upon receipt of the user's offer to purchase
(your order), Moncho Moreno LLC will send an automatic acknowledgement
email. This email is only a confirmation that we have received your order
and does not constitute contractual acceptance of your offer.
B. Acceptance and Formation of the Contract: The purchase contract between
the user and Moncho Moreno LLC will be considered formalized only when
Moncho Moreno LLC sends a second email expressly confirming that the
order has been accepted and/or that the products have been shipped
(Confirmation of Shipment/Acceptance).
C. Right to Refuse or Cancel Orders: Moncho Moreno LLC reserves the right
to refuse or cancel any order prior to sending the Shipping/Acceptance
Confirmation, at its sole discretion. Reasons may include, but are not limited
to: product unavailability, errors in product description or pricing, identified
problems with payment or shipping information provided by the user, or
suspected fraudulent activity. In the event Moncho Moreno LLC cancels an
order for any of these reasons after a charge has been made but prior to
contract formation, the user will be fully refunded the amount charged for
that order.
5. Prices, Taxes and Fees
● Currency and Base Prices: All prices of the products shown on the Web Site are
expressed in U.S. dollars (USD). These prices do not include sales tax, shipping and handling or other possible charges, which will be detailed and added to the order total during the checkout process, before you confirm your purchase.
● Sales Tax:
○ Collection Obligation: Moncho Moreno LLC has a legal obligation to collect
the applicable sales tax on orders shipped to addresses located in the State of
Florida (including state tax and applicable local surcharges depending on the
county of destination).
○ Economic Nexus in Other States: Due to state laws establishing "economic
nexus," Moncho Moreno LLC will also collect sales tax in any other U.S.
state where it has met the statutory sales or transaction thresholds
mandating such collection. The list of states where we collect tax may change
over time as our business volume and state laws evolve.
○ Final Calculation at Checkout: The exact amount of sales tax applicable to
your order will be determined and clearly displayed during the checkout
process based on the shipping address provided and the rates and regulations
in effect in that jurisdiction at the time of purchase. If no sales tax is shown for
your address, it means that Moncho Moreno LLC is not legally obligated to
collect it in that jurisdiction at that time.
● Use Tax and Buyer's Liability: If your order is shipped to an address in a state
where Moncho Moreno LLC is not required to collect sales tax, you may be subject to the obligation to file and pay use tax or other tax obligations directly to your state or locality under applicable law in your location.
of residence. It is your sole responsibility as a buyer to inform yourself and
comply with such tax obligations.
● Shipping and Other Charges: All applicable shipping costs and any additional
charges will be calculated and clearly displayed during the checkout process before you finalize your order.
6. Methods of payment
I. Accepted Payment Methods: Moncho Moreno LLC accepts the following payment methods for purchases made through its website: credit and debit cards (Visa, MasterCard, American Express, Discover), PayPal, Apple Pay, Google Pay and other electronic payment platforms that may be enabled from time to time. All payments must be made in U.S. dollars (USD). Unless otherwise indicated during the checkout process, your payment method will generally be charged at the time your order is accepted and the products are shipped, in accordance with the contract formation process described in Section 4.
II. Payment Security (PCI DSS compliance): Electronic payments are processed
through secure external platforms that comply with Payment Card Industry Data
Security Standard (PCI DSS). Moncho Moreno LLC does not directly store complete customer card data on its servers. The transmission of payment data is encrypted and managed by certified providers in compliance with current security regulations.
III. Fraud and Unauthorized Transactions: Moncho Moreno LLC reserves the to
cancel any order if it suspects fraudulent activity or unauthorized use of the payment method. If unauthorized or fraudulent charges are detected, users should immediately contact their financial institution and notify Moncho Moreno LLC via email at online@monchomoreno.com.
The company will work with the relevant authorities and payment platforms to
investigate any incidents.
7. Shipping and Delivery
● Shipping Zones: Moncho Moreno LLC ships only within the United States of
America, including all 50 states and the District of Columbia. Orders with delivery
addresses outside this geographic area are not accepted.
● Delivery Times and Costs: Estimated delivery times and shipping costs will be
indicated during the checkout process and will depend on the destination and shipping method selected (e.g. Standard, Express). All delivery times are estimates and do not constitute a contractual guarantee unless expressly stated otherwise. Moncho Moreno LLC shall not be responsible for delays in delivery attributable to causes beyond its reasonable control, such as adverse weather conditions, force majeure events, or carrier's own delays (e.g. USPS, FedEx, UPS or others).
● Shipping and Tracking Process: Once your order has been processed and delivered to the carrier selected for shipment, we will notify you by email, providing tracking number information when available from the carrier.
● Transfer of Risk of Loss: Under the Uniform Commercial Code (UCC) applicable in Florida, title and risk of loss or damage to the goods pass to you, the customer, at the time Moncho Moreno LLC delivers the goods to the carrier for shipment (this is known as the "shipment contract"). Upon such delivery to the carrier, Moncho Moreno LLC is not liable for loss, damage or delay occurring during transit.
● Claims for Loss or Damage in Transit: In the event that a package is damaged, lost or undelivered once in the hands of the carrier, you must file the appropriate claim directly with the carrier using the tracking information provided. Moncho Moreno LLC will provide you with the necessary shipping information upon request, but is not responsible for handling the claim for you.
● Refused or Undeliverable Packages: If a package is returned to Moncho Moreno
LLC for being refused by the recipient, for incorrect or incomplete address provided by you, or for being unclaimed at the carrier's office, you will be responsible for the original shipping costs and any additional costs incurred for the return. Moncho Moreno LLC may deduct these costs from the refund for the returned product. A restocking fee may also apply as specified in our Return Policy. We will contact you if this occurs to determine next steps (partial refund or possible reshipment if you bear the additional costs).
8. Returns, Exchanges and Order Cancellations
I. Voluntary Return Policy: In the United States there is no general mandatory "right of withdrawal" for online purchases as in other regions. However, to your satisfaction, Moncho Moreno LLC offers you the ability to return most products purchased on our Website within 14 calendar days from the date of receipt of your order, provided that the following conditions are met. This voluntary return policy is in addition to and does not limit your rights under any applicable warranty.
II. Conditions for Returns and Exchanges:
A. To be eligible for a return or exchange, the product must be unopened,
unused, undamaged, and in its original sealed packaging, with all tags and
seals intact.
B. You must include proof of purchase or order number.
C. For reasons of hygiene and safety, cosmetic products that have been opened or
used may not be returned or exchanged, unless they are defective.
D. Moncho Moreno LLC reserves the right to refuse any return or exchange that
does not meet these requirements upon inspection.
III. Procedure for Returns or Exchanges:
A. Contact our customer service atonline@monchomoreno.com within the
indicated timeframe, providing your order number, the product to be
returned/exchanged, the reason, and whether you are requesting a refund or
an exchange (subject to availability).
B. We will provide you with return shipping instructions. You will be
responsible for return shipping costs, unless the reason is our error
(incorrect product shipped) or a manufacturing defect covered by warranty.
We recommend using a trackable shipping service.
C. If you request an exchange and the desired product is available, we will inform
you of the process and any possible price difference or additional shipping
cost.
IV. Refund Policy:
A. Once the returned product has been received and inspected at our facilities, we
will notify you by email of the approval or rejection of your request.
B. If the refund is approved, it will be processed to the original payment method
within an estimated 7 business days of approval.
C. Original shipping charges paid on the order will not be refunded, except in
cases of our error or product defect.
V. Cancellation of Orders by the Customer:
A. You may request cancellation of your order by contacting online@monchomoreno.com as long as the order has not yet been
processed and shipped. We will do our best to honor your request, but we
will not. We can guarantee cancellation once the shipping process has begun. If the cancellation is successful and the charge has already been made, a full refund
will be issued.
VI. Warranties and Disclaimer:
A. Products sold on our Website are covered by the applicable implied statutory
warranties under the Uniform Commercial Code (UCC) and Florida law, primarily the warranty of merchantability (which assures that the product is fit for ordinary use and reasonably free from defects).
B. This voluntary return policy (described in the preceding sections of this
Section 8) is independent of your rights under warranty. If you believe that you have received a defective product, please contact us at online@monchomoreno.com. Defective products may be eligible for repair,
replacement or refund, subject to the conditions and exclusions detailed in our
specific section on Product Warranties (see Section 9 below of these Terms).
9. Product Warranties Moncho Moreno LLC strives to meet consumers' reasonable expectations for the quality and safety of its products in accordance with applicable U.S regulations. The following are the
applicable warranties by product type:
(A) Hair Brushes (Non-Electric)
● Implied Warranty of Merchantability (UCC): Under the Uniform Commercial
Code (UCC), our brushes carry an implied warranty that they are fit for the ordinary purpose for which they are used (combing, detangling) and are free from defects in materials and workmanship at the time of sale that prevent such use.
normal. A brush is expected to withstand normal and reasonable use for an adequate period of time.
● Remedy for Early Defect: If a brush has a clear manufacturing defect (not due to
use) that causes it to break or become unusable within 30 days of the demonstrated date of purchase, please contact us at online@monchomoreno.com. After evaluating the case and confirming the manufacturing defect (we may require photos or return of the product), we will offer, at our discretion, a replacement of the product or a refund of the purchase price.
● Exclusions: This specific remedy does not cover damage caused by misuse, accident, improper care (failure to follow instructions), modifications, normal wear and tear from prolonged use, or breakage not due to an original manufacturing defect.
● Absence of Written Warranty: Unless otherwise expressly stated for a specific
product, brushes are sold without an additional written warranty provided by Moncho Moreno LLC. Therefore, the specific requirements of the Federal Magnuson-Moss Warranty Act do not directly apply beyond the implied warranties granted by the UCC.
(B) Shampoos and Hair Products (Cosmetics)
● Safety and Compliance (FDA and UCC): Our cosmetic products comply with
safety, labeling and composition requirements established by the U.S. Food and Drug Administration (FDA) and applicable law. They are also covered by the UCC's
implied warranty of merchantability, which means that they are safe for normal
cosmetic use as directed, are fit for their intended purpose and conform to the product description.
● Incorrect/Damaged/Expired Product: If you receive an incorrect, damaged in
shipment, or expired cosmetic product, please contact us immediately
at online@monchomoreno.com to arrange for a replacement or refund.
● Results and Reactions Disclaimer: The effectiveness and results of cosmetic
products may vary significantly from person to person due to individual differences (hair type, sensitivity, pre-existing conditions, combined use with other products, etc.). We do not guarantee specific results or universal. Unless required by applicable law, we do not accept returns or offer refunds for subjective dissatisfaction with results, personal preference, or individual adverse skin or hair reactions, unless such reaction is due to a product defect that breaches the implied warranties of safety and merchantability. We recommend testing products on a small area if you have known sensitivities.
10. Permitted Use of the Web Site
I. User Obligations: The user agrees to use the website of Moncho Moreno LLC in a lawful manner, in accordance with these Terms and Conditions, current legislation and good faith. The user will be responsible for the truthfulness and accuracy of all information provided during registration or purchase, and agrees not to impersonate identities or use third party data without proper authorization.
II. Prohibitions and Improper Uses: It is strictly forbidden to use the Website for
illicit, fraudulent, harmful to third party rights, contrary to public order, or in any way that could damage, overload or interfere with the normal operation of the Website or the systems of Moncho Moreno LLC. In particular, and without exhaustive character, the user will refrain from:
A. Introduce, store or disseminate computer viruses, malware, harmful code or
any other physical or logical element that is likely to cause damage to the
systems of Moncho Moreno LLC, its suppliers or third parties.
B. Attempting to gain unauthorized access to restricted areas, other users'
accounts, servers, networks or databases associated with the Web Site.
C. Infringe the intellectual property rights of Moncho Moreno LLC or third
parties on the content of the Website (including text, graphics, logos, source
code). This includes reproducing, copying, distributing, modifying, publicly
communicating or commercially exploiting such contents without the prior written authorization from the rights holder (See also our section on
Intellectual Property).
D. Use automated tools such as robots, spiders, scrapers, or any other means to
access, collect information or interact with the Website in a massive or unauthorized manner, including placing orders.
III. Consequences of Non-Compliance: Failure to comply with these obligations and prohibitions may entitle Moncho Moreno LLC to immediately suspend or terminate the user's account and access to the Website, without prior notice and without prejudice to the exercise of the corresponding civil or criminal legal actions.
11. Limitation of Liability and Disclaimer of Warranties of the Web Site
I. Disclaimer of Warranties for the Website: YOU EXPRESSLY AGREE THAT
USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE WEBSITE, ITS CONTENT AND ALL RELATED
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE. MONCHO
MORENO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND
ABOUT THE WEBSITE AND ITS OPERATION, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY OF CONTENT, NON-INFRINGEMENT, OR NONINFRINGEMENT, OR PERFORMANCE.
UNINTERRUPTED OR ERROR-FREE (Note: This disclaimer applies to the website
itself, not necessarily to the products sold - see Section 9 for product warranties).
II. Limitation of Liability for Damages: TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONCHO
MORENO LLC, ITS DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER
COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN
CONNECTION WITH: (i) YOUR USE OF OR INABILITY TO USE THE
WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) THE STATEMENTS OR CONDUCT OF
THIRD PARTIES ON THE WEBSITE; OR (v) THE DECLARATIONS OR
CONDUCT OF THIRD PARTIES ON THE WEBSITE; OR (vi) THE USE OF THE
WEBSITE.
(v) ANY MATTERS RELATING TO THE PRODUCTS PURCHASED (SUBJECT
TO THE APPLICABLE WARRANTIES IN SECTION 9) OR THE WEB SITE
SERVICE, EVEN IF MONCHO MORENO LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
III. Maximum Liability Cap: NOTWITHSTANDING THE FOREGOING, IF
MONCHO MORENO LLC SHALL BE HELD LIABLE FOR ANY DIRECT
DAMAGE OR LOSS, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING
OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR PRODUCTS
PURCHASED SHALL NOT EXCEED THE GREATER OF THE FOLLOWING
AMOUNTS: (a) THE TOTAL AMOUNT PAID BY YOU TO MONCHO MORENO
LLC FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE
CLAIM IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE
LIABILITY.
IV. Exceptions to Limitations: NOTHING IN THESE TERMS IS INTENDED TO
EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT
MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE
LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW
(INCLUDING CERTAIN CONSUMER RIGHTS UNDER SPECIFIC STATE
LAWS).
12. Intellectual Property Rights
08.02..Privacy Policy MonchoLLC
08.04.-Cookie Policy Moncho LLC o
I. Ownership of Content: All intellectual and industrial property rights in the Website
and its contents - including, but not limited to, text, images, graphics, designs, logos,
trademarks (such as "Moncho Moreno" and its associated logos), icons, software,
source code, databases and other elements - belong exclusively to Moncho Moreno LLC or its licensors who have authorized their use. This content is protected by United States intellectual property laws (including copyright and trademark laws), international treaties and applicable state laws.
II. Limited License to Use: Moncho Moreno LLC grants you a limited, non-exclusive, non-transferable license, revocable at any time, to access and use the Website and its contents strictly for personal and informational purposes, and to make purchases in accordance with these Terms. This license does not include any right of resale or commercial use of the Website or its contents.
III. Prohibitions: Any form of reproduction, distribution, public communication,
transformation, modification, reverse engineering, decompilation, or any other act of exploitation of the contents of the Website not expressly authorized in writing by Moncho Moreno LLC is strictly prohibited.
13. Privacy and Cookies Policy
Click to access a the policy at privacy policy from site website:
14. Cookie Policy
Click to access a the policy of cookies of the website website:
15. Protection of minors
Our Website and Services are intended only for users 18 years of age or older. We do not direct our Website to children under the age of 13 and we do not knowingly collect personal information from anyone under the age of 13.
We comply with the Children's Online Privacy Protection Act (COPPA). If you are a parent or guardian and believe that your child under the age of 13 has provided us with personal information without your verifiable consent, contact us immediately at online@monchomoreno.com. If we become aware that we have collected personal information from a child under the age of 13 without proper parental consent, we will take immediate steps to securely delete such information from our records.
16. Web Accessibility
Moncho Moreno LLC is committed to making our website accessible to all people, including those with disabilities. We continually work to improve the accessibility and usability of our site. If you experience any difficulty in accessing any part of this website, or if you wish to provide feedback on the accessibility, please contact us at online@monchomoreno.com. We will do all the reasonable efforts to address your concerns and provide you with the information you seek
through an alternative method of communication or in an accessible format.
17. Electronic Communications
I. Transactional Communications: By creating an account or placing an order on our Website, you agree to receive necessary electronic communications from Moncho Moreno LLC related to your account and transactions (e.g. order confirmations, shipping notifications, important service notices). These communications are necessary for the performance of the contract and service, and are considered valid under applicable law (E-SIGN Act). You may not opt out of receiving these essential transactional communications.
II. Promotional (Marketing) Communications: We will only send you promotional
emails or newsletters if you have given us your explicit prior consent to receive them (for example, by checking a subscription box during the checkout process or by registering specifically for our newsletter). We comply with the CAN-SPAM Act.
III. Unsubscribe Right: You may withdraw your consent to receive promotional
communications at any time free of charge by clicking on the "Unsubscribe" link
(or "Unsubscribe") located at the bottom of each promotional email. You can also
manage your subscription preferences by contacting us at online@monchomoreno.com. Your unsubscribe request will be processed promptly.
IV. Validity: You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Advertising, Promotions & Discount Codes
I. General Terms and Conditions: Moncho Moreno LLC may from time to time offer special promotions, sales, discount codes or other offers ("Promotions") through the Website, email or other channels. All Promotions are subject to the specific terms and conditions posted for that particular Promotion, in addition to these General Terms
and Conditions.
II. Use of Promotional Codes: Unless otherwise expressly stated in the terms of the
specific Promotion, promotional or discount codes:
A. They are valid for one use only per customer or order.
B. They are not cumulative with other promotions or discounts.
C. They are not transferable or redeemable for cash or credit.
D. They may have a limited validity date and may exclude certain products or
categories.
E. They must be applied at the time the order is placed and cannot be applied
retroactively.
III. Modification or Cancellation of Promotions: Moncho Moreno LLC reserves the
right to modify, suspend or cancel any Promotion at any time and at its sole
discretion, without prior notice if necessary (for example, in case of error, fraud,
abuse, or unforeseen circumstances).
IV. Misuse: Attempted fraudulent or abusive use of any Promotion or discount code by a user may result in cancellation of associated orders, cancellation of the discount, and/or suspension of the user's account. user or their exclusion from future Promotions. Moncho Moreno LLC's decisions in this regard will be final.
19. Modifications to the Terms and Conditions
Moncho Moreno LLC reserves the right to unilaterally modify these Terms and Conditions at any time, subject to applicable law. Any changes will be effective immediately upon posting on this website, unless a later effective date is indicated. We may, but are not obligated to, notify you of material changes by means of a notice on the website or by email.
It is the user's responsibility to periodically review the Terms and Conditions for updates.
Your continued use of the website following the posting of changes will constitute your acceptance of those changes.
Last update: March 31, 2025
20. Dispute Resolution
I. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to its principles of conflicts of laws.
II. Jurisdiction for Certain Disputes: Except for disputes subject to arbitration as
described below, any legal action or proceeding arising out of or relating to these
Terms and Conditions that is not arbitrable or brought in small claims court shall be brought exclusively in the competent state or federal courts located in Miami-Dade County, Florida. You hereby irrevocably consent to the exclusive personal and territorial jurisdiction of such courts for such purposes.
III. MANDATORY AND BINDING ARBITRATION; CLASS ACTION WAIVER:
READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A CLASS ACTION LAWSUIT.
A CLAIM IN A COURT OF LAW. You and Moncho Moreno LLC agree that any
dispute, claim or controversy arising out of or relating in any way to your use of the Website, the products purchased, these Terms and Conditions, or any aspect of the relationship between you and Moncho Moreno LLC ("Dispute"), shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Consumer Arbitration Rules.
A. Small Claims Exception: Notwithstanding the foregoing, either party may
elect to file a qualifying individual claim with a competent small claims court.
B. Procedure: The arbitration shall take place in Miami, Florida (or other
mutually agreed upon location) and shall be conducted in the Spanish
language. The arbitrator's decision shall be final and binding on both parties.
Judgment on the arbitration award may be entered in any court of competent
jurisdiction.
C. CLASS ACTION WAIVER: YOU AND MONCHO MORENO LLC
AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
D.
E. Costs: Each party shall bear its own legal fees and costs of arbitration, unless otherwise determined by the arbitrator in accordance with applicable rules or law.
21. Language
These Terms and Conditions are provided in both Spanish and English for the convenience of the user. In the event of any discrepancy, conflict or ambiguity between the Spanish version and the English version, the Spanish version shall prevail and shall govern for all purposes, including its interpretation and the resolution of any dispute.
22. Contact Information
If you have any questions about these Terms and Conditions, or if you need to contact us for any legal reason or to exercise your rights, please use the information below:
Moncho Moreno LLC 2000 Ponce de Leon Blvd Coral Gables, FL 33134 United States
Email for legal/privacy issues: privacy@auratechlegal.es
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