GENERAL TERMS AND CONDITIONS OF SALE
- GENERAL PROVISIONS
1.1. These general terms and conditions of sale are permanently available on our company’s website: www.mirplaysalon.com and on our pricelist catalogue. In addition the General terms and conditions of sale are also available upon request. The General conditions of sale rule the contracts of sale operated between the purchaser and Mirplay within the perimeters defined below.
1.2. Any purchase order submitted to Mirplay, implies the acceptance without reservation of these general terms and conditions of sale and, however, all clauses and provisions.
No particular condition can prevail over these general conditions of sale, unless written and signed compliance by Mirplay. Any contrary conditions imposed by the purchaser and not expressly accepted by Mirplay, will be rejected regardless of the time frame in which they are communicated.
1.3. Modifications of the general terms and conditions of sale: Mirplay reserves the right to adapt and/or modify these general terms and conditions of sale at any given time. Any changes shall be communicated to customers prior to its entry into force on our website. The existing conditions shall apply to each request on the day of the order. Any modified terms shall become effective from the date of publication on this website.
1.4. The present general terms and conditions of sale are governed and interpreted in accordance with Spanish law. In the event of a dispute concerning the interpretation or implementation of the clauses of the present general terms and conditions of sale, the parties submit to txhe jurisdiction of the competent court which will be the Court of Vic, province of Barcelona, Spain.
1.5. Pictures from our website, catalogues, datasheets or pricelists are not contractual; they are exclusively for reference and can be subject to changes without previous notice. There may be slight differences between the goods presented in the previously mentioned sections and the goods delivered to the customers. Packaging of our products may also vary from those that appear on our web site or our catalogues.Todas las imágenes están protegidas al título de derechos de la propiedad intelectual.
Any reproduction, public communication, decompilation, disassembly, marketing or total or partial provision of any way that constitutes infringement and sanction of intellectual property without prior written authorization by Mirplay is strictly prohibited. Any total or partial reproduction of all images or thereof is strictly prohibited.
- PRICES/PRICELIST
2.1. Definition: Pricelist and prices for distribuotrs and wholesalers. (Net purchasing prices).
2.2. Components of the selling prices: Net prices expressed in euros (€). Unless otherwise stipulated the prices are without VAT. The prices are offered in Exworks terms. Included on the selling prices of the products: the order preparation costs, packaging and preservation of products. Transport costs are not included. Any tax, right or any other provision to pay are to be borne by the purchaser.
Unless otherwise stated, no provision of services is included in the price of sale (assembly , packaging recovery , etc…), these services are responsibility of the purchaser. The furniture will be delivered unassembled.
The purchaser undertakes to respect the confidentiality of the rates provided by Mirplay.
- PAYMENT
3.1. Payment Terms: Payment in advance by bank transfer before shipping the goods. The bank details are listed in each Order Confirmation (pro-forma). There should be a transfer to Mobles Mir and indicate the order number and the name of the paying company. For transfers made from outside of Spain, it is essential to communicate to your bank that all the commissions and bank charges are applied to the purchaser’s account in no case commissions shall apply to Mirplay. Payments must be made in Euros, and any commissions of currency exchange that may be incurred are to be borne by the purchaser. Mirplay reserves the right to suspend the issuing of an order if the total amount of the order is not received in full.
To inform Mirplay and also to accelerate the procedure, the purchaser can send a bank slip copy with the proof of payment, which is not considered to be effective until the funds are received entirely. The goods shall not be issued before the receipt of funds.
3.2. Payment delay
In the event of delay or failure of payment, Mirplay may decide to suspend all current orders, without prior prejudice to any other course of action.
3.3. Invoices
Invoices are generated for each expedition. These are sent by mail to the purchaser the following days of the goods expedition. Available in digital format.
- QUOTATIONS / ORDERS
4.1. Quotations
Quotation requests should be sent by email to the sales department. Quotations are valid for 15 days, subject to modification by error or omission and/or modification of the data provided by the customer that may lead to a revision of the price.
The budgets do not indicate the availability of the requested items, only the rates and shipping costs, and do not engage the company until the final acceptance of the order and the total reception of the payment of the order.
The export quotations are always without VAT.
4.2. Orders
Formalization of the orders
Orders must be send by e-mail to the Sales Department of Mirplay. The buyer is informed with an email of order confirmation which recapitulates the order content and the shipping costs if they have been requested.
The buyer should make payment by bank transfer so an order is validated and prepared for its expedition.
Mirplay undertakes to honor orders received only within the limit of available stocks. On the assumption that the material is not available, Mirplay undertakes to advise the client as far in advance as possible.
For special fabrication items, Mirplay orders will require the buyer to advance 30% of the pro-forma invoice by transfer. Once the manufacturing is finalized, Mirplay shall inform the customer to pay the remaining 70%, and thus, proceed to the expedition of the goods.
The purchaser shall ensure that the information provided for the order is correct. In case of error in the address of the recipient or the requested products the seller cannot be held responsible. The receipt of an order from one of our clients implies full acceptance without reservation of our general terms and conditions of sale.
There is no minimum order quantity (amount or number of items) except special offers which state otherwise.
Mirplay also offers the possibility of drop shipping directly to end users. If the buyer wants to include his own delivery note, he must inform Mirplay and also attach the delivery note by e-mail the same day of reception of the order confirmation.
In the case that several orders need to be grouped into a single delivery, the delivery date will be changed automatically to the expected date of the last order.
Validation
Orders do not become definitive nor are considered validated until payment receipt of the total amount. (Payment by bank transfer).
Cancellation
Due to the short order preparation and expedition delay any order cancellation requested by the purchaser, will not be taken into consideration if Mirplay is not informed by writing notice prior to the payment of the order. The special production orders will not be canceled if the products are already in its natural course of manufacture, and the 30% deposit will not be returned under any circumstances.
Modification
Any order modification (delivery address, products ordered, number of articles, etc…) requested by the purchaser shall not be taken into consideration if we are not informed by email prior to the payment of the order.
4.3. Manufacturing Deadlines
After the total reception of the payment of the orders (payment by bank transfer), the orders will be prepared and shipped out issued in a period of 24 – 48 hours if the requested items are available. Certain articles (styling units, reception desks and other items) or if large orders are submitted, the delivery time may change and will be duly communicated by the Mirplay sales agent that manages your account. If an article is not available or under manufacturing process, it will be issued as soon as the manufacturing process its finalized. Mirplay reserves the right to delay deliveries in the event of a stockout. Mirplay will issue the orders when all items are available. If the buyer wishes to receive orders by means of partial shipments all transportation charges will be supported from his side.
- TRANSPORTATION
It is understood that any product sold by Mirplay in Tona (Barcelona) are under the Ex Works terms (the goods are placed at the disposal of the purchaser). The weight, volume, number of pallets and the date of their disposal will be indicated to the purchaser so that he can contact his carrier to arrange the collection of the goods.
Mirplay can arrange transportation and issue the goods on behalf of the reseller, but this will travel on behalf and risk of the purchaser. Mirplay will not be responsible in any case of delays and/or damages caused by the carrier. Anyway Mirplay undertakes to help guarantee any type of incidents and will make efforts to ensure the delivery deadlines and any other claims. Delivery will be made to the address indicated by the purchaser on the order confirmation. If there are customs clearance charges for delivery in the destination as indicated by the purchaser, these costs will always be supported by the purchaser. All shipments are insured against theft, loss or damage. It is up to the customer to provide all the necessary information in order to deliver the goods with a good service.
All items are delivered with a delivery note without prices. The shipping costs are determined by the weight, dimensions and the destination of the goods. These costs are always supported by the purchaser and will be informed in the order confirmation, also these costs are to be settled along with the costs of the ordered goods. The delivery time once the orders have been issued of our facilities depends only on the carrier and this can vary depending on the destination and dimensions of the load. Delivery dates which appear in the budgets or in the order confirmations are purely indicative although Mirplay will try to fulfill them. Any occasional delay cannot be considered as a reason to demand a discount, penalty, withholding or cancellation of orders in progress.
To prevent any supply or transport difficulty, the customer is invited to plan their orders and to take into consideration holiday periods, vacations and/or Christmas and New Year celebrations.
- DELIVERY OF THE GOODS
During delivery, it is the purchaser’s duty to verify the condition of the goods.
Therefore it is important to:
– Not to sign any delivery note before checking the condition of the packaging.
– Not to give in to the deliveryman pressures, take your time to check the goods.
Before signing the delivery note, the customer must carry out a visual inspection of the goods in order to ensure that the goods are in good condition. If the packaging is damaged, tears or signs it has been opened it is important to reflect the complete and specific reservations in the delivery note. Given the case that there is a missing package, it must also be specified in the packing slip.
It is the purchaser’s duty to contact Mirplay within a period no longer than 24 hours with a copy of the delivery note and graphic documents detailing the problem (if the goods are damaged).
Because of the distance it is advisable not to reject the goods since the expedition of a new order may be delayed for a few days. The carrier does not accept to partially deliver orders so Mirplay urges its customers to reject only those orders that are extremely damaged at the time of reception or if the parts received are not the corresponding to your orders (reflecting the complete specific reservations and in the delivery note).
Transportation claims will not be accepted if the purchaser has not clearly reflected the reservations in the delivery note. Reservations like “Pending revision” are not valid.
Mirplay shall under no circumstances be held liable for delays or cancellations in deliveries in fortuitous event or major force events, such as fires, floods, energy, raw materials or components supply interruptions. Mirlay also shall not be responsible for delays or cancellations by full or partial strikes of any nature that interferes with the proper functioning of the company. If you suffer any of the above cases Mirplay is released from the obligation to perform contractual obligations.
– Deliveries are made on the street door if it is a store or a house, within the lobby if it is an apartment complex. The deliveryman has no obligation to deliver the goods within any shop or home, or on the floor of the establishment. Nor are they obliged to unpack, assemble or install the items.
Depending on the volume and the number of articles of the order, Mirplay recommends the buyer to be accompanied at the time of the reception of the goods for checking and later unpacking the goods. The freight forwarder is not obliged in any case to provide human or logistics resources for the unpacking of the goods.
– The purchaser is responsible for ensuring that the products purchased are consistent with the accesses to your store or domicile (doors width, elevators, stairs, etc…).
– In the event that the goods are returned to Mirplay due to the impossibility of delivery or due to accessibility problems, Mirplay reserves the right to invoice the customer the costs of re-delivery of the goods without the possibility of appeal by the customer.
– In the event of order cancellation by the purchaser, Mirplay reserves the right to deduct from reimbursement the costs of dispatch of the goods without the possibility of appeal by the customer. The return expenses of the goods will be charged to the purchaser.
– Delays in deliveries do not give any right to the buyer to cancel the order or to refuse the goods.
- RETURNS
The buyer has 24 hours from the reception of the merchandise to check the content of the shipment and the condition of the goods, to proceed if necessary; to return the goods by the non-compliance with the product, manufacturing defects and/or apparent damage, except for reasons attributable to the transportation of the goods.
To proceed to return the goods, you must make a claim by mail to MIRPLAY, within a 24 hour period the reception of the goods. Any claim must clearly detail the defects and must include graphic materials (Photos/Videos) of such defects.
The purchaser will only proceed to the return of material when he has written authorization by MIRPLAY. Shipping charges of the return shall be borne by the purchaser. Shipments to freight collect are not accepted in any case. Any product returned without prior authorization will not be examined by the Technical Service of MIRPLAY and will be returned to the customer under freight collect terms.
Returned products must be unused, in its original packaging and with all its accessories.
After the revision of the product, if everything is correct, Mirplay undertakes to:
– Replace the product under stock availability or manufacturing lead time. In the event of a stockout, Mirplay will propose the same product in another color, if this is the case and/or an equivalent product in terms of functionality and/or value. The shipping of the new product will be borne by the purchaser or will be grouped with the next order of the purchaser.
– Refund the returned products (except the shipping costs). If the product is not delivered unused, in its original packaging and all its accessories; the total amount of the goods won’t be refunded.
- WARRANTY
All the products featured in Mirplay’s catalog (on paper and/or digital format) are guaranteed for two years from the date of the invoice of the goods.
The guarantee is not applicable to the apparent defects that have not been exposed in advance as detailed in paragraph <<7-returns>>
Mirplay also excludes from the guarantee, the deteriorations caused by: natural wear of the product, lack of maintenance, external events, negligent use or intentional damage, abnormal conditions of use, ignore the storage and installation specifications of MIRPLAY and those of use and/or maintenance of the product, any attempt to repair or modification without the written consent of MIRPLAY.
For the benefit of the guarantee, the Customer shall during the warranty period, provide MIRPLAY with:
– A detailed report of the incidence in order to detect the origin or cause of the malfunction.
– Graphic documents that illustrate the problem (graphic documents by each defective article are required).
– Provide the manufacturing batch included in the article.
– Provide the purchase invoice for the article.
Under MIRPLAY’s consignment, the purchaser may send the product in question to be analyzed by the technical department of MIRPLAY if the origin of the malfunction of the product has not been determined. Any product returned without prior authorization and/or returned under freight collect terms, will not be examined by the Technical Department of MIRPLAY and will be returned to the customer under the same freight collect terms.
If after reviewing the mail or examine the physical product in our facilities, it is considered to be defective, the sales department will propose to the customer one or several possibilities of choice of Mirplay:
– Provide a replacement of the part described as defective. The replacement of this part on the furniture shall be made by the purchaser. After the repair of the product, the customer shall under its own responsibility, get rid of the defective part that has been replaced, in order to avoid any risk of accident. The transportation charges of defective parts shall be borne by the purchaser or be added to the next shipment of the customer.
– Replacing the whole unit for a new model of the same product. The transportation charges of defective parts shall be borne by the buyer or be added to the next shipment of the customer.
If at the end of the inspection of the “defective” product, Mirplay comes to the conclusion that the product is not defective, the same product shall be returned and the shipping costs will be borne by the purchaser.
The purchase invoice issued by MIRPLAY will have the effect of warranty certificate and, you must save it accordingly.
The interventions to title of warranty do not mean the continuation of the same.
The buyer shall in no case remove or clear the label with the warranty code that is in the product under penalty of cancellation of the guarantee. This code is essential to identify the product.
- DROP SHIPPING SALES
As previously mentioned in the warranty conditions, the distributors who opérate under DROPSHIPPING terms should take into consideration that the guarantee of MIRPLAY for the resolution of faulty items is applicable from the Mirplay facilities in Tona (Barcelona). With the collaboration of MIRPLAY we will attempt to detect the cause of the malfunction to prevent returns by the distributor and MIRPLAY will send the required part without cost, the shipping costs will be borne by the distributor. In the event that the goods should be returned to MIRPLAY for its repair or replacement, the dealer will be responsible of the transport costs of return.
- SAFETY INDICATIONS
Within what is prescribed by the regulations, the products offered by MIRPLAY are subject to tests of conformity in laboratories of recognized prestige and respond to the European regulations in force. The Mirplay products are designed to be used within a precise framework of professional activities supervised under the direction of an adult. Should only be used within the professional framework for which they were intended and in accordance with the instructions and tips on how to use provided by Mirplay. The commissioning of the delivered goods is carried out under the sole responsibility of the purchaser. It is up to the purchaser to read and keep the instructions, the delivery order and the invoice.
- PRIVACY NOTICE
The customer has the right of access, rectification and eradication of all his data, the only thing you need to do is to contact your sales agent via e-mail or traditional mail.
We take care on a daily basis of the data security of our customers, that is why MIRPLAY undertakes to maintain the confidentiality of your data that should only be used at a domestic level and with advertising purposes and will never be transferred to third parties.
