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General terms and conditions of sale

1. General Provisions

 

1.1 These general terms of sale can be permanently consulted on our company’s website www.mirplay.com. Additionally, the general terms of sale are available upon simple request by email at info@mirplayacoustics.com.

1.2. The general terms of sale govern the sales contracts entered into between the client and Mirplay within the defined parameters below.

1.3. Any order placed with Mirplay implies unreserved acceptance of these general terms of sale, regardless of any clauses and stipulations. No specific condition can prevail over these general terms of sale unless accepted in writing and signed by Mirplay. Any contrary condition imposed by the client and not expressly accepted by Mirplay will be rejected, regardless of when this condition is communicated to us.

1.4. Modifications to the General Terms of Sale: Mirplay reserves the right to adapt and/or modify these General Terms of Sale at any time. Any modification will be communicated to customers before its effective date on our website. The conditions in effect on the day of the order will apply to each order. Any modified term will come into effect from the date it is published on this website.

1.5. These General Terms of Sale are governed and interpreted in accordance with Spanish Law. In the event of a dispute relating to the interpretation and/or execution of the clauses of these General Terms of Sale, the parties submit to the jurisdiction of the competent court, which will be the court of Vic, province of Barcelona, Spain.

1.6. The photographs on our website, catalogs, technical sheets, or rates are not contractual; they are purely indicative and may undergo modifications without prior notice. There may be slight differences between the goods presented in the previously mentioned sections and the goods delivered to the client (Differences in color, model, location of wood nodes, tone, or color). The packaging of our products may also vary from those appearing on our website or our catalogs. All images are protected under intellectual property rights. Any reproduction, public communication, disassembly, decompilation, marketing, or making available in any form that constitutes infringement and sanction of intellectual property, without prior express written authorization from Mirplay, is strictly prohibited. Any total or partial reproduction of all images or part of them is strictly prohibited.

 

2. Prices / Rates

 

2.1. Components of the sale price

Prices are RRP expressed in Euros (€), and it is understood, unless otherwise stipulated, that they are exempt from VAT. The offered prices are Ex-Works. They include the sale prices of the product, preparation costs, packaging, and product preservation costs. Transport costs are not included (except in the specific Mirplay Acoustics rate document cases). Any tax, fee, right, or any other provision to be paid is the buyer’s responsibility. Unless specifically mentioned, no service provision is included in the sale price (assembly, packaging recovery, etc…); these provisions are the client’s responsibility. The furniture will be delivered unassembled. The buyer commits to respecting the confidentiality of the rates provided by Mirplay.

 

3. PAYMENT

 

3.1. Payment methods

Payment in advance before the shipment of the material and by bank transfer. Bank details are indicated on each order confirmation (proforma). A transfer must be made in the name of <> indicating the order number. Bank details are indicated on each order confirmation (proforma). Payments must be made in Euros, and any currency exchange commission that may arise is the buyer’s responsibility.
Mirplay reserves the right to suspend the shipment of an order if the total sum of the order is not fully received. To inform Mirplay and also speed up the procedure, the buyer can send the payment receipt, which is not considered effective until the funds are fully received. The goods will not be shipped before receiving the funds.

 

3.2. Payment delays

In case of payment delay or error, Mirplay may decide to suspend all current orders, without prejudice to any other course of action.

 

3.3. Invoices

Invoices are generated for each shipment and are sent by email to the buyer the days following the shipment of the goods. Available in digital format.

 

4. QUOTES / ORDERS

 

4.1. Quotes

Quote requests must be sent by email to the sales department (pedidos@mirplay.com or sales@mirplay.com). Quotes are valid for 15 days, subject to modification due to error or omission and/or modification of the data provided by the client that may result in a price revision.
Quotes do not indicate the availability of the requested items, only the rates and transport costs, and do not commit the company until the definitive acceptance of the order and the total receipt of the order payment. Export quotes are presented VAT exempt.

 

4.2. Orders

Order formalization

Orders must be sent by email to Mirplay’s sales department (pedidos@mirplay.com or sales@mirplay.com). The buyer is informed through an order confirmation email that summarizes the content and order modalities as well as transport costs if requested.

The buyer must make the payment by bank transfer for an order to be validated and prepared for shipment. Mirplay commits to fulfilling the orders received exclusively within the limit of available stocks. In the event that the material is not available, Mirplay commits to notifying the client as soon as possible.

For special manufacturing orders, Mirplay will require the buyer to advance 30% of the Proforma Invoice by transfer. Once manufacturing is completed, Mirplay will inform the client to settle the remaining 70%, and then, we will proceed with the shipment of the material. The buyer must ensure that the information provided for the order is correct.

In case of error in the recipient’s address or in the requested products, the seller cannot be considered responsible. The receipt of an order by one of our clients implies total acceptance without reservations of our General Terms of Sale. There are no minimum order quantities (neither in amount nor in the number of items) except for special offers that indicate them.

Mirplay also offers the possibility of direct dropshipping deliveries to its end customers. It is not possible to include the distributor’s delivery note with the goods. In the event that several orders must be grouped into a single shipment, the shipment date will automatically change to the expected date of the last order.

Validation

Orders do not become definitive or are considered complete until the receipt of the payment of the total amount of it. (Payment by bank transfer).

Cancellation

Any order cancellation requested by the buyer will not be taken into account if Mirplay is not informed in writing before the payment of the order due to the short preparation and shipment terms of these. The products whose manufacture is interposed at the special request of the buyer cannot be canceled if the products are already in their natural manufacturing process, and the 30% advance will not be returned under any circumstances.

Modification

Any order modification (delivery address, requested products, item numbers, etc…) requested by the buyer will not be taken into account if we are not informed in writing before the payment of the order due to the short preparation and shipment terms of these.

 

4.3. Manufacturing Deadlines

After the total receipt of the payment of the orders (payment by bank transfer), the orders will be prepared and shipped within less than 4 business days if the requested items are available. If an item is not available or under manufacturing, it will be shipped at the time of its supply or manufacture.

Mirplay reserves the right to delay deliveries in case of stockout. Mirplay will ship the orders when all items are available. If the buyer wants to receive the orders through partial shipments, all transport charges will be borne by him.

 

5. TRANSPORT

It is understood that any product sold by Mirplay in Avinyó (Barcelona) is under FCA Factory conditions (The goods are made available to the client at our facilities). The weight, volume, number of pallets, and the date of their availability will be indicated to the buyer so that they can contact the carrier to organize the collection of the goods.
Mirplay can organize transport and ship the goods on behalf of the distributor, but it will travel at the risk of the buyer. Mirplay will not be responsible in any case for delays, damages, and/or harm caused by the carrier. However, Mirplay commits to the maximum to guarantee any type of incidents and will make efforts to ensure delivery times and any other claim.
Delivery will be made to the address indicated by the client in the order. If there are any customs charges to make the delivery to the destination indicated by the client, these expenses will always be borne by the client. All shipments are insured against theft, loss, or damage. It is the client’s responsibility to provide all necessary indications to deliver the goods in good condition and with good service.

The delivery time once the material has been shipped from our facilities depends solely on the carrier and may vary depending on the destination and dimensions of the load. The delivery dates that appear in the quotes or order confirmations are expressed exclusively indicatively, although Mirplay will try to respect them.

Any occasional delay cannot be considered a reason for demanding a discount, penalty, retention, or cancellation of current orders. To prevent any supply or transport difficulty, the client is invited to plan their orders and take into account holiday periods, festivities, and Christmas and New Year holidays.

 

6. DELIVERY OF GOODS

During delivery, it is the client’s duty to check the good condition of the goods. Therefore, it is important:
Not to sign any delivery note before checking the good condition of the packages.
Do not give in to the pressures of the delivery person, take your time to examine the goods.

Before signing the delivery person’s delivery note, the client must visually inspect the goods to ensure they are in good condition. If the packaging shows damage, tears, or is open, it is important to reflect the precise and complete reservations on the delivery note. If any package is missing, it must also be specified on the delivery note. It is the client’s obligation to send Mirplay, within a period NO LONGER than 24 hours, a copy of the delivery note and graphic documents detailing the problem (If the goods are damaged).

It is essential that the affected product or products are not used during the claim period and without prior authorization from MIRPLAY. Failure to comply with this condition will result in additional costs charged to the client. The buyer will only proceed to return the material when they have written authorization from MIRPLAY. The return shipping charges will be borne by the buyer. Shipments due on delivery or cash on delivery will not be accepted in any case. Any product returned without prior authorization will not be examined by MIRPLAY’s Technical Service and will be returned to the client due on delivery. Returned products must be unused, in their original packaging, and with all their accessories.

After reviewing the product, if everything is in order, Mirplay commits to:

Replace the product deemed defective, subject to stock availability or manufacturing time. In case of stockout, Mirplay will offer the same product in another color, if applicable, and/or a product equivalent in terms of functionality and/or value. The shipment of the new product will be at the buyer’s expense or will be grouped with the buyer’s next order.

Refund the returned products (excluding the costs of the outbound shipment).
If the product is not delivered unused, in its original packaging, and with all its accessories, the full amount of the item will not be refunded.

 

7. RETURNS

The buyer has 24 hours from the receipt of the goods to check the contents of the shipment and the condition of the goods, to proceed if necessary; to return the goods for non-conformity with the product, manufacturing defects, and/or apparent damage, except for reasons attributable to transport. To proceed with the return, a claim must be made by email to MIRPLAY, within a period not exceeding 24 hours from the receipt of the products.
Any claim must detail the defects to the maximum and must include graphic material (Photos/Videos) of these defects. It is essential that the affected product or products are not used during the claim period and without prior authorization from MIRPLAY. Failure to comply with this condition will result in additional costs charged to the client. The buyer will only proceed to return the material when they have written authorization from MIRPLAY. The return shipping charges will be borne by the buyer. Shipments due on delivery or cash on delivery will not be accepted in any case. Any product returned without prior authorization will not be examined by MIRPLAY’s Technical Service and will be returned to the client due on delivery. Returned products must be unused, in their original packaging, and with all their accessories.
After reviewing the product, if everything is in order, Mirplay commits to:

Replace the product deemed defective, subject to stock availability or manufacturing time. In case of stockout, Mirplay will offer the same product in another color, if applicable, and/or a product equivalent in terms of functionality and/or value. The shipment of the new product will be at the buyer’s expense or will be grouped with the buyer’s next order.

Refund the returned products (excluding the costs of the outbound shipment).
If the product is not delivered unused, in its original packaging, and with all its accessories, the full amount of the item will not be refunded.

 

8. WARRANTY

All products presented in the MIRPLAY catalog (in paper and/or digital format) are guaranteed for two years from the date of departure from our warehouse. The warranty does not apply to apparent defects that have not been previously exposed as detailed in section <<7-RETURNS>>. Also excluded from the warranty are deteriorations caused by:
Natural wear and tear of the product
Lack of maintenance

External events

Negligent use or intentional damage

Abnormal conditions of use

Ignoring MIRPLAY’s specifications on storage, installation, commissioning, use, and/or maintenance of the product

Any attempt at repair or modification without MIRPLAY’s written consent.

To benefit from the warranty, the client must, during the warranty period, provide MIRPLAY with:

A detailed report of the incident to detect the origin or cause of the malfunction.

Graphic documents illustrating the problem (Graphic documents are required for each defective item).

Provide the manufacturing batch included in the item.

Provide the purchase invoice for the item. Under MIRPLAY’s consignment, the buyer may send the product in question to MIRPLAY’s Technical Service for analysis if the origin of the product’s malfunction could not be determined.

Any product returned without prior authorization and/or returned due on delivery will not be examined by MIRPLAY’s Technical Service and will be returned to the client due on delivery. If after examining the email or examining the physical product at our facilities, it is considered defective, the commercial department will offer the client one or several possibilities at MIRPLAY’s choice:

Provide a replacement for the part deemed defective. The replacement of this part in the furniture will be carried out by the buyer.

Provide a new product subject to stock availability or manufacturing time. In case of stockout, Mirplay will offer the same product in another color, if applicable, and/or a product equivalent in terms of functionality and/or value. The shipment of the new product will be at the buyer’s expense or will be grouped with the buyer’s next order.

Refund the returned products (excluding the costs of the outbound shipment).
If the product is not delivered unused, in its original packaging, and with all its accessories, the full amount of the item will not be refunded.

 

9. LIABILITY

MIRPLAY is not responsible in any case for delays or cancellations in deliveries in fortuitous cases or force majeure, such as fires, floods, interruptions in energy supply, raw materials or components, and will not be responsible for delays or cancellations due to total or partial strikes of any nature that hinders the proper functioning of the company. If any of the aforementioned cases occur, Mirplay is released from the obligation to execute the same contractual obligations.

 

10. INTELLECTUAL PROPERTY

All intellectual and industrial property rights of MIRPLAY’s products and/or services, as well as the elements contained therein (including, among others, all elements that make up its visual appearance, graphic image, and other sensory stimuli that form part of its external appearance or “look and feel”, trademarks, logos, trade names, texts, reviews and comments, images, graphics, designs, sounds, databases, software, flow diagrams, presentation, navigation architecture, as well as the source codes of the websites) are owned by MIRPLAY or third parties who have authorized their inclusion on the website. In no case shall it be understood that the user’s access and navigation imply a waiver, transmission, license, or total or partial assignment of these rights by MIRPLAY.
Consequently, it is not allowed to delete, evade, or manipulate the copyright and other data identifying the rights of MIRPLAY or third-party owners incorporated into the contents, as well as the technical protection devices, digital fingerprints, or any information and/or identification mechanism that may be contained therein.

Regarding the links and hyperlinks that allow, through the website, access to benefits and services offered by third parties, these are not owned by MIRPLAY. MIRPLAY is not responsible for the content or the status of the linked websites, and access to them through the website does not imply that MIRPLAY recommends or approves their content.

 

11. APPLICABLE LEGISLATION AND JURISDICTION

These general conditions will be governed and interpreted in accordance with the laws of Spain. Any controversy that arises or is related to the use of the website or these products will be submitted to the non-exclusive jurisdiction of the courts and tribunals of Spain.

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