Multisac – General Terms and Conditions for Online Sales

General Terms and Conditions for Online Sales for Multisac´s online store

These General Terms and Conditions for Sale regulate Multisac´s S.L. commercial relations with its customers through the online store located on its website www.multisac.es.

These General Conditions for Sale (hereinafter referred to as “General Terms and Conditions”), unless otherwise expressly agreed in writing, govern the commercial relations between Multisac S.L., with registered office at Calle Cisell 20, Barcelona, Spain (hereinafter “MULTISAC”) and the customer of the latter (hereinafter “Customer”) regarding purchases made by the Customer through the website. www.multisac.es (hereinafter the “Site”).

The complete identification details of Multisac S.L. are the following:

MULTISAC S.L.
C/Cisell 20, 08038 Barcelona, Spain
Phone: +34 93 223 33 08
multisac@multisac.es
www.multisac.es

Commercial Registry of Barcelona, Volume 21846, Folio 126, Page B-28070, 1st entry.

TAX ID: B59993766

ARTICLE 1 – DEFINITIONS

1.1 Capitalized terms and expressions used in these General Terms and Conditions shall have the following meanings:

• “Contract” means the General Terms and Conditions, together with the contracts which MULTISAC shall conclude from time to time with the customer in terms of Article 2 below.
• “Order” means the purchase order placed by the Customer through the Site, which may not be modified in any way, except with the prior written consent of MULTISAC.
• “Parties” are MULTISAC and the Customer jointly.
• “Products” means the products that are the subject matter of the Contract.
• “Price” means the total consideration to be paid for the Goods which are the subject of the Contract, including the costs and expenses incurred in delivering the Goods, all of which shall be borne by the Customer.

ARTICLE 2 – METHOD OF CONCLUSION AND EXECUTION OF THE CONTRACT

2.1 The Agreement shall be concluded and performed following the provisions of the Site and its Terms of Use, with which the Customer declares to be familiar. In particular, the following steps shall be observed:

Profile created by the Customer

The Customer, to proceed with the Order, must generate a profile on the Site (hereinafter the “Profile”), by entering his/her VAT number and the required data, expressly accepting these General Terms and Conditions.

Order Formulation and Confirmation

Consequently, the Customer shall formulate and confirm the Order, which will then no longer be modifiable by the Customer. The Order can only refer to standard Products as indicated on the Site, and no customization of the same is possible in this context.

Order Acceptance

The Contract shall be deemed concluded only upon receipt of the Order confirmation email from the Customer at the address provided by the Customer when creating the Profile.

Delivery

The Products shall be delivered to the Customer as provided in Article 3 below.

Price Method of Payment

The Customer must pay the Price at the time of placing the Order and can only be paid by credit card or via “Bizum”. Credit card data are reported on the electronic payment platform external to MULTISAC so that MULTISAC will not have the complete data of these credit cards.

Billing

For Customers domiciled in Spain, MULTISAC will generate and send the invoice following the regulations in force, using the details indicated by the Customer when creating the Profile.

For Customers domiciled abroad, MULTISAC will generate the invoice and send it by e-mail to the Customer at the address provided by the Customer when creating the Profile.

Returns

Any refund shall be possible within the limits and in the manner outlined in Article 4.

ARTICLE 3 – DELIVERY METHOD, TERMS AND COSTS

3.1 Upon completion of the order, the shipping costs will be calculated automatically on the checkout page. These costs are calculated based on the distance between the delivery point and MULTISAC´s warehouse in Barcelona, as well as the total weight and volume of the items to be shipped. Mostly, items will be sent by a courier company. In some cases, items will be sent by Multisac’s transport. These rates may vary depending on the carrier selected either by the Customer or by MULTISAC.

3.2 The collection of the products by the Customer from MULTISAC’s premises or warehouse is not permitted.

3.3 The Products are delivered to the Customer at the place of delivery indicated by the Customer at the time of placing the Order and/or at the time of the creation of the Profile by private mail identified by MULTISAC.

3.4 The Customer shall be informed of the estimated delivery time. Orders placed before 10:00 a.m. on working days will be shipped the same day. The standard delivery time is between 2 and 4 working days, depending on the destination province in Spain. If delivery requires palletization, 1 or 2 additional days should be considered.

3.5 Delivery charges are 100% at the Customer’s expense.

3.6 If the Customer refuses to collect the Products, or if delivery is impossible for reasons attributable to the Customer, MULTISAC may alternatively, at its sole discretion:

• Terminate the Contract.
• Retry delivery, in which case the usual delivery time is considered extended.

ARTICLE 4 – CLAIMS, WARRANTY, RETURNS AND TRANSFER OF RISK

4.1 The Customer expressly accepts that any complaint about the Products and/or in any case relating to or deriving from the Order shall be sent via the contact details available on the MULTISAC website.

MULTISAC reserves the right to disregard complaints submitted in a manner different from that provided for in this article.

4.2 MULTISAC guarantees the Products for 12 (twelve) months starting from delivery to the Customer. The Customer who intends to make use of the warranty must submit a claim following point 4.1 within 8 days of discovery of the fault. The customer must identify what the fault is, the Product lot, the Product type, the Order identification number, and the date of delivery. Any complaint sent 8 days after the discovery of the fault and/or, in any case, 12 months after delivery will not be taken into consideration by MULTISAC.

4.3 If the Customer makes use of the guarantee, MULTISAC shall arrange, at its own expense and through a private transport company appointed by it, to collect each of the Products declared faulty by the Customer to carry out the necessary technical checks. If possible, pre-checks would be performed on-site or remotely by sending photographs, videos, or other evidence to minimize shipping costs.

If the Products are found to be faulty, MULTISAC shall replace them and send them to the Customer at its expense. Faults may in no case be caused by misuse or mishandling of the products, as described in the technical data sheet of each product and on the Site.

Only in cases of particularly serious defects in the Products will MULTISAC reimburse the Product Price.

4.4 Apart from the warranty for faults, MULTISAC’s return policy for non-faulty Products varies according to the condition of the Product and its packaging, in particular:

• In the case of Products with their packaging intact (i.e. none of their parts opened, cut, or filed and with the raffia and label intact) and returned Products will be credited at 100%.
• In the case of Products whose packaging has been opened, damaged, torn, or it´s label missing, MULTISAC shall refund to the Customer 100% of the cost of the returned unused Products, after inspection by MULTISAC. Products already used or handled will not be credited, even if they are in good condition.

4.5 No returns of any kind will be accepted beyond 3 (three) months after delivery of the Products; unless expressly authorized in writing by MULTISAC.

4.6 The risk of deterioration of the Products shall pass from MULTISAC to the Customer from the day of delivery of the Products to the Customer.

ARTICLE 5 – LIMITATIONS OF LIABILITY

5.1 In no event shall MULTISAC be liable for any non-performance, direct and/or indirect damage attributable, in whole or in part, to the use of the Products, to delays in the delivery of the Products, as well as to the consequent production downtime or loss of profit of the Customer and/or third parties in general.

5.2 Without prejudice to the foregoing, the Customer shall expressly exonerate MULTISAC concerning all actions, and/or omissions, and/or defaults caused to third parties originating and/or in any case attributable to the Products.

5.3 In no event shall MULTISAC be liable for damages caused to third parties due to negligence, recklessness, or inexperience of the Customer after delivery of the Products, and in connection with the use of the Products not following the use for which they were intended.

ARTICLE 6 – INVALIDITY OR INEFFECTIVENESS OF INDIVIDUAL CLAUSES

6.1 The invalidity or ineffectiveness of a single clause of these General Terms and Conditions for Sale does not affect the other provisions contained in these General Conditions of Sale and the Parties undertake to replace the clause recognized as invalid or ineffective with another clause having, as far as possible, the same or similar effects.

ARTICLE 7 – FORCE MAJEURE

7.1 MULTISAC may suspend the execution of its contractual obligations when such execution is rendered impossible or unduly burdensome by an unforeseeable impediment beyond its control, such as, but not limited to, strikes, boycotts, lockouts, fire, war (declared or not), civil war, pandemics, riots and revolutions, requisitions, embargoes, power cuts, delays in the delivery of components or raw materials, global or local incidents in maritime transit or loading and unloading at the ports of origin or destination.

7.2 In the event of any of these or other force majeure causes, MULTISAC shall notify the Customer in writing of the occurrence of these circumstances, as well as their cessation.

7.3 If the Contract cannot be performed in any event, for reasons of force majeure, after 60 (sixty) days from the originally scheduled delivery date, each Party is entitled to terminate the Contract, waiving the Price (in the case of MULTISAC), indemnity, damages and compensation of any kind.

ARTICLE 8 – CONFIDENTIALITY

8.1 The performance of contractual obligations may entail access to confidential information, whereby the Customer undertakes not to disclose information which has come to its knowledge in the performance of the Agreement or which is otherwise related to the Agreement, unless required by law or for purposes strictly related to the performance of the Agreement or expressly authorized in writing by MULTISAC, and to take all reasonable precautions to ensure that its employees also comply with the provisions of this Article.

8.2 The Customer undertakes not to divulge or disclose to third parties in any form, any information shared by MULTISAC that is confidential and/or secret, commercial or business-related, as well as any other confidential information related to the business or activity of MULTISAC.

8.3 The above obligations shall remain in force even after dissolution or termination for any reason and/or title of the Contract.

8.4 MULTISAC guarantees compliance with the provisions of the General Data Protection Regulation as stated in the Privacy Policy of this Site.

ARTICLE 9 – COMMUNICATIONS

9.1 Unless otherwise specified in the written confirmation of the Order, all communications sent by the Customer to MULTISAC shall be sent through MULTISAC’s online communication channels via the Site.

9.2 Any communication sent in a manner other than that provided for in the previous point shall be deemed not to have been received by MULTISAC.

9.3 The communications to the Customer provided for in the Agreement, unless otherwise specified, shall be sent by e-mail, to the address indicated by the Customer when creating the Profile.

ARTICLE 10 – PROHIBITION OF ASSIGNMENT

10.1 The agreement, as well as the rights and obligations arising therefrom, may not be transferred by the Customer, even partially or through an interposed person, to any third party without the prior written consent of MULTISAC.

ARTICLE 11 – APPLICABLE LAW AND JURISDICTION

11.1 The Contract and these General Terms and Conditions are governed by the laws and courts of Spain.

11.2 Any dispute arising from the Contract or these General Terms and Conditions shall be submitted exclusively to the jurisdiction of the Courts of Barcelona.

ARTICLE 12 – MISCELLANEOUS PROVISIONS

12.1 Each Party declares that the powers of attorney for the conclusion and performance of the Contract have been duly conferred and that the conclusion of the Contract is carried out by duly authorised persons.

12.2 The General Terms and Conditions may govern one or more Orders and, therefore, each Contract shall consist of these General Terms and Conditions, and the Orders, as accepted by MULTISAC.

12.5 The omission or delay in exercising any right under the Contract, as well as the possible tolerance of a Party to a behavior of the other that constitutes a breach of one or more provisions of the Contract, shall not be construed in any way as a waiver of that right or those deriving from the breached provisions, nor shall it prevent the further exercise thereof and/or require due compliance with all the terms and conditions of the Contract.