General Conditions of Sale of the Company msm Sporttapes S.L.
Preamble - Inclusion of the General Conditions in the contract
(1) These general conditions are intended to regulate the sale, hiring as well as the contracting of services offered by msm Sporttapes S.L. (hereinafter referred to as msm Sporttapes), the purchase by the customer (hereinafter referred to as "customer") through e-mail or directly through the website http://www.kinemarket.com (hereinafter referred to as the “Web page”), as well as the related rights and obligations of the parties, derived from the sales transactions agreed between them. The clauses that make up these General Conditions of Sale bind both parties and form an integral and inseparable part of the contract of sale whose effectiveness from the moment of the subscription of the order at the request of the client.
(2) msm Sporttapes reserves the right to modify the general conditions.
Conclusion of the contract
(1) The presentation of the merchandise on the msm Sporttapes website is not binding but merely informative.
(2) The contract of sale between the client and msm Sporttapes is formalized as follows: (a) Offer: The client 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 partially confirm it without having to report their reasons for this decision. With the communication of the acceptance of the order the contract is considered as formalized.
(3) The client must indicate the necessary data for the formalization of the contract (name and business name, DNI / NIF, address, email address, telephone number). If these data are modified, the client must notify msm Sporttapes.
In compliance with the provisions of Organic Law 15/1999 of December 13 on the Protection of Personal Data, it is reported that this data will be incorporated into a file owned by MSM Sporttapes to be treated in order to execute the order so as to provide the customer with technical and commercial information through any means. The client 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 business days is established under normal conditions (in Peninsula) for the effective delivery of the ordered products. Shipping costs will be borne by the customer. The transport will be carried out in the manner 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 merchandise does not reach the customer for reasons for which the customer is responsible, msm Sporttapes can cancel the order, or make a second delivery attempt at the cost of the customer.
Expiration, payment and delay
(1) msm Sporttapes only accepts the payment methods indicated on the website. All prices are expressed in Euros. The payment term for orders is 14 calendar days from the day after delivery. In case of late payment, in application of art. 7.2 of Law 03/2004 of December 29, which establishes measures to combat late payments in commercial operations, the legal rate of late payment that the debtor will be obliged to pay, will 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 natural semester in question plus seven percentage points.
(2) The shipping price in Spain is € 5.90 + VAT for orders less than € 90.00 net. There are no shipping costs from € 90.00 net.
Returns and refunds
(1) The return period of all msmSporttapes products is 14 days after the purchase of your order.
(2) The buyer will have a period of 14 business days from the delivery of the merchandise to exercise his right of withdrawal without any penalty and without indications of the reasons, he will only have to bear the costs of transport return.
(3) The product must be in perfect condition, with its original box and without its use.
Withdrawal / termination / cancellation of the contract
(1) msm Sporttapes has the right to partially or completely revoke its acceptance of the offer at any time and without having to indicate its reasons, in case the client infringes his legal or contractual obligations.
(2) The client's right to compensation for damages will not be recognized as a result of a breach of the contractual obligations of msm Sporttapes, for example due to a breach or delay, while the client 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 periodically. However, msm Sporttapes assumes no responsibility or guarantee for the accuracy, timeliness or completeness of the website and its content. The content of the website, its design and its constructions are properties of msm Sporttapes and protected by copyright. To reproduce the website or part of it, the client will need a written permission from msm Sporttapes.
The delivered merchandise will be property of msm Sporttapes until its full payment by the client including transport costs and interest.
Pact of jurisdictional submission
The exclusive jurisdictional jurisdiction for all disputes arising from or related to these General Conditions and with the orders made by the client, the duties and obligations of the parties and any additional related issues shall be that of the Courts and Tribunals of Barcelona (headquarters of Msm Sporttapes ).
(1) The language used in the contracting and execution of contracts, as well as in the correspondence between the parties is Spanish.
(2) In the event that certain provisions of the supply contract or of these general contracting conditions have no effect, the other provisions will remain in force. Instead of the invalid provision, it is agreed to accept as valid provision the one that is closest to the meaning and purpose of what the parties have agreed or wanted to agree on.