1. GENERAL ISSUES
The supplies of products shall be governed by these General Conditions of Sale, except for everything that is expressly agreed otherwise in the offer or acceptance of the order and that constitutes the particular conditions of the same. For all purposes, any other conditions that have not been expressly accepted by MEGASPORT shall be null and void. Any special conditions that may be agreed between the customer and MEGASPORT shall prevail over these general conditions of sale only if they are in written form and are signed by both contracting parties, and these general conditions shall be maintained in everything that has not been repealed by a special condition. Therefore, the placing of an order and its execution necessarily imply the immediate acceptance by the customer of these General Terms and Conditions of Sale and waiver of its possible conditions of purchase.
2. ORDERS
All orders placed by the customer must clearly indicate all personal data, name, address, VAT number, quantity and description of the products ordered, exact delivery address and order number. In order to be considered effective, the order must be previously accepted and/or provisionally confirmed by MEGASPORT. MEGASPORT will be able to carry out on the orders provisionally confirmed the cancellations and modifications carried out by the manufacturers of the products, which will be communicated to the customer by means of the definitive confirmation of the order.
The definitive confirmation of the order will be made within a maximum period of 3 months, days from the programming closing date. Once this period has elapsed, the provisionally confirmed order will become definitive.
The modifications or cancellations of the orders must be communicated by the customer in writing before the closing date of the campaign, date on which the closing of programming will take place. After that date, orders placed may not be revoked, cancelled or modified, unless accepted in writing by the address MEGASPORT.
MEGASPORT reserves the right to require at any time for the acceptance of an order, payment guarantees and even reject the order or require cash payments for those customers with whom there are situations of non-payment.
MEGASPORT has the right to suspend or cancel the order, even if it has been confirmed, when there is a default by the buyer of any payment, or because of insolvency or bankruptcy of the buyer. Furthermore, MEGASPORT reserves the right to suspend, reduce or cancel the order if the Company insuring the orders rejects the commercial risk in respect of the buyer.
The price of the products is fixed according to the economic conditions and circumstances that may change. Consequently, MEGASPORT reserves the right to make changes to the price at any time, both with repercussions on the catalog and on orders already placed.
3. PRICES
The prices included in the orders are in EUROS, are net prices, not including VAT or any other tax, duty or fee, legally established, which will be subsequently reflected in the invoice, applying the corresponding rates according to the regulations in force at any time.
MEGASPORT will be responsible for the transport costs of the supply of the orders, in the case of basic orders and for orders of replacements over 300 Euros for orders placed in the Peninsula, in the case of Canary Islands Replacements the minimum is 600 Euros. In the rest of orders and replacements will be billed, as shipping costs in normal transport, not urgent, the amount of 7 Euros. In case of requiring the delivery of a replacement by urgent transport, the buyer shall bear the full cost of the postage incurred. Exceptionally, for those customers with a base order of more than 30.000 Euros, all normal transport costs of any order, including replacements, will be paid by MEGASPORT.
4. TERMS OF PAYMENT
The order placed by the buyer and accepted by MEGASPORT shall include the method of payment for the goods. However, in case of not including such form of payment, it is established that for those new customers, the form of payment will be the anticipated bank transfer according to pro-forma invoice that will be sent by MEGASPORT to the buyer prior to the shipment of the goods. For regular customers, payment may be made by accepted draft, promissory note or direct debit to their bank account, with a term of no more than 60 days from the invoice date. Replacements will have a payment term of sixty (60) days after the date of delivery of the goods.
The purchaser may benefit from a 2% discount for prompt payment, understood as payment made within a maximum period of 5 days from the date of invoice. This discount is not applicable to new customers.
In the event of late payment by the Buyer, the Buyer shall pay to MEGASPORT, as from the due date of payment, without prior notice, default interest on the late payment, which is set at 1% per month, plus the cost of returning the bank charges. The payment of this interest shall not release the buyer from the obligation to make the remaining payments under the agreed conditions.
MEGASPORT may temporarily or permanently suspend, at its option, the shipment of goods to the Buyer, without prejudice to requiring the latter to make any overdue payments and to claim from it, where appropriate, additional compensation for this suspension or failure to perform the agreed deliveries of goods.
The formulation of a claim, of any nature, by the Buyer, does not entitle the Buyer to any suspension or deduction in the committed payments.
5. DELIVERY TERMS AND CONDITIONS
The dates and delivery times of the products agreed with the customer shall at all times be purely indicative, all deliveries being subject to the availability of stock and the manufacture of the products. MEGASPORT will make every reasonable effort to meet the delivery dates of the products, and shall not be liable for any non-delivery or delays thereof. The first indicative delivery date for programming orders is set as the date requested by the buyer and accepted by MEGASPORT, a tolerance period of 30 days will apply, within which MEGASPORT must have served a minimum of 80% of the order, and may serve the remaining 20% in the 20 days following the tolerance period. The purchaser shall be obliged to accept the goods, including partial deliveries, within the aforementioned periods.
MEGASPORT may make partial deliveries of the order placed, the buyer being obliged to accept such deliveries. MEGASPORT may make reductions in quantities and sizes requested of the goods ordered, when they are due to causes attributable to the production, the buyer being obliged to accept such reductions, without the right to compensation or indemnification of any kind. This right may be exercised by MEGASPORT from the time of confirmation and acceptance of the order until the time of delivery.
In the event that the order has not been delivered within the terms set forth above, the purchaser may only terminate the agreement when it has communicated its intention to terminate in writing to MEGASPORT within 20 days after the tolerance period.
In case of delay in the acceptance of receipt of the products by the buyer, MEGASPORT may store them and demand reimbursement of any costs and expenses incurred for this reason, it being understood that the risk for such products has passed to the buyer from the time of provision, even if the buyer has not received them.
The buyer, at the time of receipt of the products, must verify the same, their quantity and quality, checking for apparent defects or faults that could be attributable to MEGASPORT, noting such faults on the delivery note within a maximum period of 8 DAYS following receipt of the products, and by registered mail with acknowledgment of receipt. No claim will be accepted for apparent defects that have not been indicated within the aforementioned deadlines by the buyer.
Once the period of 8 DAYS has elapsed without any written communication about eventual faults or defects, it shall be considered that the products supplied have been accepted. Likewise, those products supplied on which, even if there is a written communication, the same does not affect them, will be considered accepted.
The claim made by the purchaser shall not entitle the purchaser to delay or suspend its payment obligations, or to claim any penalty or compensation from MEGASPORT.
In the event that the purchaser has complied with the conditions and deadlines set forth in these general terms and conditions, in the event of a complaint to MEGASPORT, the purchaser shall only be entitled to have the product repaired or replaced (which requires prior acceptance by MEGASPORT) or to be reimbursed the price paid for the product.
6. RETURN OF PRODUCTS. COMPLAINTS.
In no case MEGASPORT will admit product returns, without prior agreement with the buyer. It will be required within the period stipulated in the previous clause, that the buyer notifies its intention to MEGASPORT to return the defective products, as well as the justification of the same, and agree with MEGASPORT the procedure for the same. No returns of non-defective materials will be accepted, unless authorized in writing by MEGASPORT.
Returns or shipments of products to the facilities of MEGASPORT, whether for credit or replacement, must always be made carriage paid. MEGASPORT will not accept returns of products that have been unsealed from their original packaging, used or exposed. Returns of products designed or manufactured specifically for the order will not be accepted either.
7. LIMITATION OF LIABILITY
The liability of MEGASPORT, its agents and employees, for claims arising out of the performance or non-performance of its contractual obligations, shall never exceed in the aggregate the basic contractual price, and shall in no event include damages or claims arising out of loss of profits, loss of revenue, downtime, delays, claims of purchaser's customers, loss of anticipated savings, increased operating costs or any special, direct, indirect or consequential damages or losses of any kind whatsoever.
8. GUARANTEES
Unless otherwise expressly stipulated in the offer, MEGASPORT guarantees the products it has supplied with regard to defects in supply, in accordance with the provisions of Spanish and Community legislation. MEGASPORT will not admit any claim based on defects in quality, when referring to the Product that has been altered, neglected, improperly stored, exposed, used or damaged by the CUSTOMER.
MEGASPORT is not liable for defects in workmanship, design or materials used, being the warranty provided by the suppliers or manufacturers of the product. If the buyer claims to MEGASPORT for the aforementioned concepts, this will proceed to inspect and review the product, deliver it to the customer service department of the manufacturer, and if appropriate, and only at the discretion of the MANUFACTURER, MEGASPORT may repair, replace or pay the same.
MEGASPORT shall have no liability with respect to the warranties that the CUSTOMER may have granted to the end consumer, and which are superior to the warranties granted in this section.
9. RESPONSIBILITY
The purchaser shall ensure when ordering that the products ordered are suitable for his needs, and MEGASPORT shall not be liable in any case for such inadequacy. The buyer is solely responsible for the use that could be given to the products, holding harmless MEGASPORT from any claim for damages, losses, costs or expenses arising from improper or unforeseen use by the manufacturer.
MEGASPORT shall not be liable for defects caused to the products by (i) damage caused by willful misconduct or negligence; (ii) failure to comply with regulations relating to the products or the manufacturer's restrictions or instructions or those of MEGASPORT; (iii) improper storage, use or processing of the products.
The buyer is responsible for selling the purchased merchandise at the point of sale indicated in the order, and undertakes not to transfer the merchandise to another retailer without prior written authorization from MEGASPORT. The purchaser undertakes not to sell the goods purchased via the Internet or any other telematic means, unless expressly authorized in writing by MEGASPORT. In case of non-compliance MEGASPORT reserves the right to immediately terminate the agreement, as well as to request full payment for the goods delivered and/or to request damages for non-compliance, which from this moment are calculated in the amount of three times the amount of the goods traded.
The customer undertakes to sell and market the products covered by these general terms and conditions in the condition and form in which they are supplied, without any modification or transformation of the same.
In order not to alter the stability of the market, MEGASPORT requests the buyer, and the buyer undertakes, to respect the retail prices that are communicated to him as a guideline.
10. FORCE MAJEURE
MEGASPORT shall not be liable for any failure to perform its obligations, and in particular its obligation to deliver the goods, to the extent that such failure is due to circumstances beyond its reasonable control, including, but not limited to, partial or total strike, collective disputes of any kind, impossibility of supply, transport disruptions, failure in the supply of goods by the manufacturer, fire, flood or natural disasters.
In the event that due to force majeure, MEGASPORT is unable to perform its obligations for more than ninety (90) consecutive days, and the parties have not agreed on the new methods of performance, or these are impossible to perform, MEGASPORT may immediately terminate the order affected by this case of force majeure, notifying the customer in writing, without incurring any liability.
11. GENERAL PROVISIONS
Any waiver by MEGASPORT as to the exercise of its rights shall not limit the exercise by you of any such rights at a later date.
If any provision of these General Conditions of Sale is held by a Court or Tribunal to be wholly or partly illegal, ineffective, void, voidable, unenforceable, abusive or unreasonable, it shall be deemed excluded, and the remaining provisions shall continue in full force and effect.
The buyer shall not assign or subcontract any of its rights or obligations under these general conditions of sale without the express prior written consent of MEGASPORT.
12. CONFIDENTIALITY AND DATA PROTECTION
The parties shall treat as confidential all documents, data, materials and information provided by either party to the other, and not to disclose them to any third party or use them for any purpose other than the performance and development of the agreed supply of products, unless with the written consent of the other party.
The person responsible for the processing of personal data is MEGA SPORT S.A. with CIF A59119081, address for notification purposes at C/ Mercuri, 14, 2ª Planta, 08940 de Cornellà de Llobregat (Barcelona). The purpose of the treatment is to provide the requested services and the invoicing of the same. The data will be kept as long as the commercial relationship is maintained or for the legally necessary time. The legal basis for this treatment is the contractual relationship. The data will not be disclosed to third parties, unless legally required. You may request your rights of access, rectification, deletion, limitation, portability and opposition, as well as withdraw your consent by sending an e-mail to rgpd@megasport.es or at the postal address indicated above, attaching a photocopy of your ID card and indicating the right requested. You may also file a complaint with the Spanish Data Protection Agency.
13. MISCELLANY
MEGASPORT is the only official distributor of the brand for the entire territory of SPAIN and ANDORRA, so for the use of the logo of the brand it is essential to request and obtain in advance and in writing, the corresponding authorization for its use.
14. APPLICABLE JURISDICTION
These General Conditions of Sale shall be governed by Spanish law.
In the event of any discrepancy in relation to the interpretation, application or execution of these General Conditions of Sale, the parties agree to submit to the exclusive jurisdiction of the Courts and Tribunals of BARCELONA city. However, MEGASPORT may request precautionary measures of any other type before a different Jurisdiction.
MEGASPORT reserves the right to modify these General Terms and Conditions of Sale.