General Conditions of Sale of the Company msm Sporttapes S.L.
Preamble - Inclusion of the General Conditions in the contract
(1) The present general conditions have the purpose of regulating the sale, its contracting as well as the contracting of services offered by msm Sporttapes S.L. (hereinafter called msm Sporttapes), the purchase by the client (hereinafter called "client") through e-mail or directly through the web page http://www.kinemarket.com (hereinafter called the "web page"), as well as the related rights and obligations of the parties, derived from the purchase and sale operations agreed between them. The clauses that make up these General Conditions of Sale are binding on both parties and form an integral and inseparable part of the sales contract whose effectiveness starts from the moment of the subscription of the order at the request of the customer.
(2) msm Sporttapes reserves the right to modify the general conditions.
Conclusion of the contract
(1) The presentation of the goods on the website of msm Sporttapes is not a binding offer but merely informative.
(2) The purchase contract between the customer and msm Sporttapes is formalized as follows: (a) Offer: The customer orders his order by e-mail, telephone or directly through the website (b) Acceptance: msm Sporttapes confirms the receipt and acceptance of the order by the same means. msm Sporttapes has the right to confirm it partially without having to inform of the reasons that caused this decision. With the communication of the acceptance of the order the contract is considered as formalized.
(3) The customer shall provide the data necessary for the conclusion of the contract (name and surname or company name, ID card, address, e-mail address, telephone number). If these data are modified, the customer must inform msm Sporttapes.
In compliance with the provisions of Law 15/1999 of December 13 for the Protection of Personal Data, it is reported that these data will be incorporated into a file owned by msm Sporttapes to be processed for the purpose of executing the order and to provide the customer with technical and commercial information through any means. The customer can exercise at any time the rights of access, rectification, cancellation and opposition legally recognized, in writing to the address of msm Sporttapes indicated above.
(1) A period of approximately 2 working days in normal conditions (in Peninsula) is established for the effective delivery of the ordered products. Shipping costs will be borne by the customer. The transport will be carried out in the way indicated in the acceptance of the order. The order will be delivered to the address indicated at the time of contracting by the customer.
(2) If the goods do not reach the customer for reasons for which the customer is responsible, msm Sporttapes may cancel the order, or make a second delivery attempt at the customer's expense.
Due date, payment and delay
(1) msm Sporttapes only accepts the payment methods indicated on the website. All prices are expressed in Euros. The deadline for payment of orders is 14 calendar days from the day following delivery. In the event of late payment, pursuant to art. 7.2 of Law 03/2004 of 29 December 2004, which establishes measures to combat late payment in commercial transactions, the legal rate of interest for late payment that the debtor shall be obliged to pay shall be the sum of the interest rate applied by the European Central Bank to its most recent main financing operation carried out before the first day of the calendar half-year in question plus seven percentage points.
(2) Minimum order except Spain and Portugal 150€, shipping costs 9,90€. From 500€ free shipping
Returns and refunds
(1) The return period for all msmSporttapes products is 14 days after the purchase of your order.
(2) The buyer will have a period of 14 working days from the delivery of the goods to exercise his right of withdrawal without penalty and without any indication of the reasons, he will only have to pay the return transport costs.
(3) The product must be in perfect condition, with its original box and unused.
Withdrawal / rescission / cancellation of the contract
(1) msm Sporttapes is entitled to partially or completely revoke its acceptance of the offer at any time and without stating reasons, if the customer violates its legal or contractual obligations.
(2) No claims of the customer for damages due to a breach of the contractual obligations of msm Sporttapes, e.g. due to default or delay, shall be recognized as long as the customer does not prove that the damage was caused by gross negligence or intent on the part of msm Sporttapes, its organs or its employees.
Website / Disclaimer
msm Sporttapes updates the website, its information, data and images on a regular basis. However, msm Sporttapes assumes no liability or guarantee for the correctness, topicality or completeness of the website and its content. The content of the website, its design and construction are the property of msm Sporttapes and are protected by copyright. To reproduce the website or parts of it, the customer will require written permission from msm Sporttapes.
Reservation of ownership
The delivered goods will remain property of msm Sporttapes until full payment by the customer including transport costs and interests.
Jurisdictional submission agreement
The exclusive jurisdiction for all disputes arising from or related to these General Conditions and the orders placed by the customer, the duties and obligations of the parties and any additional related issues will be the Courts and Tribunals of Barcelona (headquarters of msm Sporttapes).
(1) The language used in the contracting and execution of the contracts, as well as in the correspondence between the parties is Spanish.
(2) In the event that individual provisions of the delivery contract or these general terms and conditions should be invalid, the remaining provisions shall remain in force. In place of the invalid provision, it is agreed to accept as valid the provision which comes closest to the meaning and purpose of what the parties have agreed or intended to agree.