"SELLER": MULTIOPTICAS S.COOP., with registered offices at Avda. de los Reyes, s/n, Polígono Industrial “La Mina”, 28770 Colmenar Viejo (Madrid), Spain and Corporate Tax Identification No. B86556701, firstname.lastname@example.org.
"CUSTOMER": Natural or legal person, non-consumer, who places the order. "PRODUCTS" refers to the glasses frames brand “mó”, whatever the model, and the cases for these glasses. THE SELLER may, however, expand the offer to other optical and audiology products.
“AUTHORISED CHANNEL”: This shall be the direct sale, in establishments dedicated to optics, to end customers domiciled within the TERRITORY.
“TERRITORY”: This shall be the province where the CUSTOMER has establishments and receives the order.
“MINIMUM PURCHASE”: This is the minimum order that the CUSTOMER must place in order to be attended. This order shall be the one which at any time the application of the “on-line purchase" service allows or which the SELLER informs when the CUSTOMER places his order by email or by telephone.
“PRICE”: Gross amount, not including taxes, fees or transport costs, of each of the PRODUCTS according to the effective rates notified to the CUSTOMER at the time of the order.
2. Purchasing Conditions
2.1 These Terms and Conditions shall be applicable to all purchases of the PRODUCTS via the “on-line purchase” service, by email or telephone. The terms and conditions of the web page www.moeyewear.com shall also be applicable as regards the purchases made through this web page.
2.2 The PRODUCTS to be sold are those listed on the SELLER's web page. The SELLER shall not supply replacement or spare parts for the PRODUCTS.
2.3. The CUSTOMER is authorised to sell the PRODUCTS to end consumers within the AUTHORISED CHANNEL in the TERRITORY. The SELLER does not authorise any other use or commercialisation of the PRODUCTS.
2.4 All orders must be placed with the “on-line purchase” service through the web page
www.moeyewear.com, by email to the address email@example.com, or by telephone
calling the Product Department [+34 91 835 70 17]. The order shall indicate the models
and the number of units and shall be conditional to approval by the SELLER according to
stocks of the PRODUCTS that are available at every given time.
When placing the order, the system shall send an automatic message confirming that the operation has been processed correctly. This message shall not mean acceptance of the order.
The SELLER shall respond to each order within the maximum term of 15 working days as from receiving it (according to the calendar of the city of Madrid -Spain). If a PRODUCT were out of stock, the SELLER shall endeavour to replace it as soon as possible. If the stock of a requested PRODUCT had run out, the SELLER shall remove it from the web page at the earliest possible opportunity.
If the CUSTOMER uses the “on-line purchase” service, the CUSTOMER can check up the state of the orders in the site “my orders” in the client account. The SELLER shall also inform about any change in the state of the orders by e-mail. This information could be one of the following: (i) Pending.- The order is pending to pay and is not still admitted; (ii) Paid.- The SELLER has received the price and is processing the order. In the next days the SELLER shall notify when the order is admitted, processed and delivered; (iii) Dispatched.- The order is dispatched and is in route or delivered to the CUSTOMER .
2.5 Sales shall not be final until the SELLER has accepted the orders.
2.6 The estimated day of delivery shall be notified by the SELLER to the CUSTOMER.
2.7 If the SELLER did not accept an order or part of an order, he shall contact the CUSTOMER to propose delivery of other products, postponement or the establishment of new conditions.
2.8 The SELLER shall be liable for the accuracy and truthfulness of the information that each order contains. The SELLER shall not be liable for any supply carried out in accordance with the CUSTOMER's erroneous orders.
2.9 Non-payment of any order will entitle the SELLER to cancel other orders that are pending delivery to the CUSTOMER.
2.10 In the event of force majeure, fortuitous events or circumstances beyong the control of the SELLER, including, among others, those relating to the manufacturer, importation or transport of the PRODUCTS carried out by third-party companies, the SELLER may modify the planned delivery date of an order, suspend it or offer the CUSTOMER other products of an equivalent quality and value of those of the suspended order.
2.11 The CUSTOMER is obliged to pay transport costs. Once the PRODUCTS are handed over to the carrier, they are at the responsibility and risk of the CUSTOMER.
2.12 No PRODUCT may be returned to the SELLER except in the cases provided under clause 5 of these Terms and Conditions.
3. Price, delivery and method of payment. Minimum purchase
3.1 The price of the products is established in US dollars and the incoterm CPT (Carriage Paid To) is agreed, with delivery to the carrier in Colmenar Viejo (Madrid) Spain. Transport costs shall however be paid by the CUSTOMER.
3.2 The prices of the products exclude transport costs and insurance, as well as taxes, fees, customs or additional expenses. All these shall be paid by the CUSTOMER.
3.3 The SELLER may update the prices of the PRODUCTS at any time by modifying rates.
3.4 The CUSTOMER undertakes to carry out the MINIMUM PURCHASE so that his order may be attended.
3.5 The SELLER shall issue an invoice with the price of the orders every time he accepts them. Such invoices shall be paid by the CUSTOMER by bank transfer to account number IBAN-ABA: ES40 2100 8659 1172 0030 6854, SWIFT-BIC: CAIXESBBXXX, by means of credit card or through a PayPal account.
3.6. In cases where the CUSTOMER purchases via the website www.moeyewear.com with a credit card, or via the PayPal platform, as soon as the CUSTOMER enters his bank data or PayPal account he shall be redirected to a platform managed by a third party (the bank that has issued his card or the Luxembourg-based company PayPal Europe S.à.r.l & Cie SCA), where the transaction shall be carried out. From that moment, the CUSTOMER leaves the SELLER's web site and, accordingly, the SELLER accepts no responsibility for failures, interruptions, incidents, breakdowns, defects or undue charges that may occur. If the CUSTOMER pays the purchase by bank transfer, it shall be made within the maximum term of three calendar days from the date of the order.
3.7. Delivery of each order shall be conditional upon receiving the price.
4.1. The SELLER shall only accept the return of PRODUCTS when they do not correspond to the orders made by the CUSTOMER. The SELLER shall not accept such returns if they are justified by errors in the orders made by the CUSTOMER. THE SELLER shall not accept returns that are justified by damage caused during the transport.
4.2. The SELLER shall not answer for damage that arise from improper or negligent use of the PRODUCTS, or for any intentional damage or handling by the CUSTOMER or by any third party.
4.3. If the CUSTOMER were entitled to return the product supplied for the reason set forth in point 4.1 or for defective production, it shall notify this by e-mail to the SELLER within the maximum term of seven (7) calendar days as from receiving the products. Within this term, the CUSTOMER must notify the SELLER in writing of the invoice number, the product data, the error or damage and the affected units. After this term, the SELLER shall not accept returns of products that are defective or supplied by mistake.
4.4. The return of PRODUCTS that are defective or supplied by mistake shall be carried out within the maximum period of thirty (30) calendar days as from notification of the defective lot. The return shall be made under the same conditions as the CUSTOMER received the product (including the packing and other decorative elements, case corresponding to the collection, without marking, protected in its bag in the case of defect). In returns of frames, the whole piece, frame with its corresponding case, shall be sent. Otherwise, the unreturned element shall be charged according to rates in force. The SELLER shall examine the returned product and shall notify the CUSTOMER whether its replacement is justified.
4.5. The replacement of PRODUCTS, as the case may be, shall be carried out as soon as possible from when the SELLER notifies its conformity.
4.6. Expenses incurred by the CUSTOMER in returning the defective products, when such return is reasonable, shall be reimbursed by the SELLER, provided the SELLER has previously approved them in writing. The SELLER shall not refuse approval of the return expenses if they are reasonable in accordance with the habits and practices of the sector and they are no greater than the value of the returned PRODUCTS.
5. Industrial and intellectual property
5.1 The SELLER guarantees the CUSTOMER that the PRODUCTS it provides do not breach any law, right or third-party interest referring to industrial and intellectual property and, as the case may be, that it possesses the corresponding industrial or intellectual property licences.
5.2 By signing this agreement, the CUSTOMER does not acquire from the SELLER any right over brands, trade names or logos, or over the designs of the PRODUCTS, which shall remain property of the SELLER.
5.3. Nevertheless, the CUSTOMER may use the brands which identify the PRODUCTS for the sole purpose of their promotion and publicity, to the extent necessary to comply with the obligations hereof, ensuring the inclusion in every brand reference it makes of the PRODUCTS that it is a registered trademark and that it belongs or has been licensed to the SELLER. Any advertising or mention that the CUSTOMER may make regarding the SELLER'S trademarks must be previously authorised by the SELLER, always in writing.
5.4. The CUSTOMER shall abstain from: Altering, copying or imitating the trademarks or designs of the PRODUCTS, or using them in such a way that modifies them in any way or may be used to identify products other than those provided. Using any of the SELLER's trademarks as part of the corporate name or business of the CUSTOMER.
Requesting or registering as a trademark or domain name, in the TERRITORY or anywhere else, a name or brand similar to or the same as any of the trademarks or domain names of the SELLER.
The CUSTOMER undertakes, without any time limit, to keep any information of a technical, scientific, commercial or financial or of another nature secret, as regards the SELLER, this agreement, its execution or as regards any of the PRODUCTS to which has access as a consequence of this contract.
7. Limitation of liability
7.1 The SELLER's liability is limited to the PRICE paid by the CUSTOMER for the PRODUCTS. Under no circumstances shall the SELLER be liable for loss of profit, loss of income, costs for inactivity or, in general, any kind of losses that the CUSTOMER may incur as a result of non-delivery or faulty delivery of the PRODUCTS.
7.2. This limitation of liability shall prevail over any other document or declaration, previous or subsequent, which is contradictory or incongruous hereto, unless such provision limits the SELLER's liability to a greater extent.
Any tax not included under these terms and conditions shall be paid by the CUSTOMER. In the event that the SELLER, at its sole criteria, pays any tax, the CUSTOMER shall reimburse its cost to the SELLER.
8. Data protection
The CUSTOMER is a physical or legal person acting within a professional activity or business. Accordingly, the CUSTOMER's identification and data, or of his representative, provided to the SELLER for compliance with these Terms and Conditions, shall not be considered personal data pursuant to sections 2.2 and 2.3 of Royal Decree 1720/2007 of 21 December. Nevertheless, in the event personal data was obtained and processed, the CUSTOMER authorises the SELLER to obtain and process it. In this case, the SELLER shall have the rights of access, rectification and cancellation provided by law.
Notice served between the Parties shall be carried out in writing, including email, to the
addresses of the SELLER stated in these Terms and Conditions and the addresses of the
CUSTOMER stated in the form for registering as a CUSTOMER or on the order request.
Jurisdiction and applicable law
The parties submit to the jurisdiction of the Courts and Tribunals of Madrid. Nevertheless,
the SELLER may, at its choice, bring the CUSTOMER before the judges and courts of the
capital of the country where the CUSTOMER is domiciled.
This agreement and its legal effects shall be governed by Spanish law.