Print
2. PRODUCTS
3. AVAILABILITY, SUBSTITUTIONS AND SERVICE LIMITATIONS
5. DELIVERY
6. PRICES, TAXES AND CHARGES
11. CUSTOMER SERVICE AND COMPLAINTS
To make any complaint or suggestion to COMAS, the customer should contact the customer service department by sending an e-mail to Customer Service: postventa@comaspartners.com. At the end of this document, you will find both an indicative form to proceed with the complaint and the suggestion.
12. FORTUITOUS EVENT AND/OR MAJOR FORCE
13. APPLICABLE LAW AND JURISDICTION
RETURNS AND EXCHANGES FORM
GENERAL CONDITIONS OF PURCHASE - B2B
1. SCOPE OF APPLICATION
All COMAS&PARTNERS, S.L. (Hereinafter COMAS) sales will be subject to these General Conditions of Sale (hereinafter GCS). Any other regulation that differs from these conditions will have no validity unless it has been formalised through an individual agreement with the Client or there is explicit confirmation in writing by COMAS.
Placement of the order formally constitutes unconditional acceptance of these general terms of sale, which shall prevail over all other previous versions or specifications issued by the buyer, including the exchange of emails.
These terms are subject to change, so it is recommended that you read them prior to placing each order.
2. ORDERS
Once COMAS has issued the order confirmation document orders cannot be changed; these documents imply the Client’s full acceptance of the prices, description of the products and the general conditions of sale, and the Client agrees that these conditions are the only terms applicable to the contract thus concluded.
COMAS orders are delivered in standard packaging. Any order that does not correspond to the minimum sales unit or a multiple of the sales unit will be increased and rounded up to the highest minimum unit. If the Client does not accept the increase of the quantity to a multiple of the sales unit, the standard sale rate will be applied to that article, and the sale price rates that had been agreed with that client will no longer be applicable.
The cancellation of an order after Comas has confirmed it will only be valid with the consent of the COMAS Commercial Manager.
3. CONFIDENTIALITY
All documents delivered or sent by COMAS remain the property of COMAS and under no circumstances can they be communicated by the Client to third parties.
4. DELIVERIES
Delivery is considered completed as soon as the goods leave the COMAS store. Delivery times will be set as accurately as possible, but will always be subject to transport supply and/or capacity.
Delays in delivery will not result in a refund, discount or cancellation of the order. If the product has not be delivered to the Client 15 days after the stipulated delivery date, for a reason that is not the Client’s responsibility, the sale may be cancelled at the request of either party; in this case, COMAS will reimburse the Client for the initial payment, and the Client will waive any rights to refund or compensation for damages.
5. TRANSPORT
The products are sent DDP (Delivered Duty Paid), to the Delivery Address agreed in the Order provided that the Taxable Base of the order is at least € 350 for deliveries in Spain. For deliveries in other countries, a minimum order amount is established according to destination country. COMAS reserves the right to reject Orders that total amounts less than those stated or to pass on the Costs that will be calculated based on the Delivery Address and they will be added to the Order Confirmation document.
6. RESERVATION OF GOODS
The merchandise will remain property of COMAS until full payment is made.
In the event that payment is not made within the established period, COMAS reserves the right to recover the delivered goods, at the customer’s expense and risk.
The Client agrees to store the product in the conditions necessary for its good conservation.
7. PRICES
All prices are shown without tax and with delivery costs included, provided that the minimum order amount is exceeded according to destination country.
Prices are understood to be indicative and can be modified at any time. Our products are supplied at the current price at the time of the order.
The total amount of the Orders delivered must be paid within 60 days from the date of invoice, unless otherwise indicated in the specific Client conditions.
Expired non-payments by the Client will mean that all the debt is considered due and payable, regardless of its expiration date.
COMAS has the right to cancel any delivery or suspend its execution until all amounts owed are fully paid.
8. RISK TRANSFER
Any risk to the products purchased will be borne by the Client from the moment the products are delivered to the address agreed upon in the Order.
The Client acquires ownership of the products when COMAS receives full payment of all amounts due for them.
At the time of delivery, the Client is responsible for verifying the products’ good condition.
The Client is advised to inspect their condition and the quantities received.
In case of damaged goods, the Client must:
Detail the damage in the transport documents in a clear, understandable, precise and complete manner.
Report the incident to the transport company reliably, within 3 days of delivery. Without prejudice to the transport company’s liabilities, any claim for reparation or compensation made by the Client to COMAS must be proved by this report, stating the products’ defects or non-conformity. Likewise, damaged goods must be sent to COMAS within 5 days from delivery, together with the transport document.
Should COMAS accept the claim made by the Client, they will, first and foremost, replace the product with another equal or similar one (subject to stock availability) or issue a document of payment of the damaged goods.
COMAS reserves the right to refuse the reimbursement or replacement of the products and return shipping costs if it is evident that the products have been damaged by misuse after being delivered, for not following the instructions correctly or from deterioration due to normal wear and tear.
9. PRODUCT INFORMATION
COMAS makes every effort to expose the colours, materials, sizes and other details of our products as accurately as possible, both in our catalogues and on our website.
10. WARRANTY
COMAS will only be liable for a lack of conformity of the products sold within two years of delivery.
It is understood that the products are in accordance with the contract when:
They conform to the description made by COMAS and their qualities conform with those presented in the COMAS catalogues or on the COMAS website.
They are apt for the uses products of the same type are ordinarily used for.
They present the usual quality and benefits that can reasonably be expected in a product of the same type.
COMAS will restore or repair, at no cost to the Client, those products that are factory defective, provided that they are notified within two months of the Client being made aware of this and within two years of delivery.
Defects or damages caused as a consequence of negligence or by a lack of diligence and conservation by the Client will not be covered by the guarantee, considering the following:
Cutlery should not be kept for too long in acidic foods such as vinegar, fruit juices, mayonnaise, etc.
Cutlery must be washed after use with hot water as soon as possible.
Immediately after washing, either by hand or in the dishwasher, they must be carefully dried with a soft cloth, with very special care given to knives.
Only neutral or low alkaline detergents that do not contain chlorine or sodium hydroxide derivatives must be used to clean the cutlery.
If cutlery is hand washed, you should not use metal or synthetic scourers that can scratch them.
If cutlery are washed in the dishwasher, we advise you to place the cutlery in an upright position with the handles facing down when placing them in the basket. Do not overload the basket as it may hinder the proper draining and drying of the cutlery pieces.
Cutlery with wooden handles should be washed by hand to ensure durability.
Cutlery with decorative PVD finishing have a guaranteed durability of at least 125 mechanical washes provided that the washing conditions and the detergent composition are adequate.
Very saline water, combined with heat and humidity, damages the life of the cutlery.
Should water stains appear on the cutlery because of a deficient washing or drying or due to using hard water to clean them, these stains will disappear quickly if you submerge the cutlery for 15 minutes in hot water plus 2 tablespoons of acid citrus per litre of water; follow this by washing the cutlery only with hot water and drying them carefully with a cloth.
COMAS may require an independent expert report to process the guarantee.
11. EXCHANGES AND/OR RETURNS
The terms to generate exchanges and returns begin from the day of delivery. Exchanges and/or returns must be made 30 days from the date of delivery.
For exchanges and/or returns, the products must be returned with their purchase invoice, labels, containers and original packaging. The following will also be necessary:
The products have not been used.
The product may be open but must be contained within its original packaging and in perfect condition.
The Client will assume a penalty of 30% of the amount of the items to be returned, as well as the postage or any necessary expenses for the return of said products to the COMAS store.
Any return of the product must be formally accepted between COMAS and the Client.
If this agreement does not exist, the establishment will not be allowed to return or replace the Client’s product.
It is very important that when the products are delivered, their good condition is verified, in order to avoid future inconveniences.
12. RESPONSIBILITY
COMAS will not be responsible when, due to circumstances or major causes, the ability to execute our obligations is substantially impaired.
Our responsibility to any product purchased is strictly limited to the purchase price of said product.
The Client is responsible for the use they make of the products they purchase.
13. DATA PROTECTION
All personal data will be treated confidentially. Only data that are strictly necessary for commercial activity will be stored.
14. JURISDICTION
For any dispute or discrepancy regarding the interpretation and execution of these general conditions of sale, and other acts that provoke them or that are a result of them, the parties will be subject exclusively to Spanish law and the Courts of Barcelona.
COMAS & PARTNERS, S.L.
C/ El Bosc de la Riera, 7
CP 08186 – LLIÇÀ D'AMUNT (Barcelona)
Spain
E-mail: comaspartners@comaspartners.com
Website: www.comaspartners.com
N.I.F.: ESB59932814
4E9LG9S7
GENERAL CONDITIONS OF PURCHASE - B2C
1. OBJECT
The terms and conditions indicated below (hereinafter, "General Conditions"), regulate the purchase of products offered on the website www.comaspartners.com as well as their respective subdomains, these domains being the property of COMAS&PARTNERS, S.L. (COMAS hereinafter) with NIF ESB59932814 and address at C/ El Bosc de la Riera, 7 CP 08186 - Lliçà d'Amunt (Barcelona) Spain.
Please read these Terms and Conditions, our Cookies Policy and our Privacy Policy carefully before using www.comaspartners.com (hereinafter, "Website").
By using the Website or placing an order through the Website, you agree to be bound by these Terms and Conditions and to fully accept each and every one of them.
If you have any questions regarding the Terms and Conditions you may contact us by email at postventa@comaspartners.com or at the physical address specified above.
These General Conditions may be modified without prior notice, therefore, it is advisable to read their content carefully before proceeding with the purchase of any of the products.
2. PRODUCTS
The products offered, together with their main characteristics and price, appear on the screen. COMAS reserves the right to decide, at any time, the products and / or services offered to customers. Thus, COMAS may, at any time, add new products and / or services to those currently offered. COMAS also reserves the right to withdraw or cease to offer, at any time and without notice, any of the products.
In order to make a purchase, it is not compulsory to register, but it is compulsory to fill in a form where personal data must be provided in order to manage the commercial relationship. However, the page has a registration section so that the customer can have access to their purchase history or make future purchases without having to re-enter their data, giving the interested party a username and password, which will identify them and enable them personally to access their session.
The offers presented by COMAS are valid within the limit of available stock. COMAS reserves the right to modify the assortment of its products according to the constraints imposed by its suppliers.
3. AVAILABILITY, SUBSTITUTIONS AND SERVICE LIMITATIONS
COMAS aims to guarantee the availability of all products that are advertised through the Website. However, in the event that any product ordered is not available or if the product is out of stock, the customer will be informed within 24 hours of placing the order. In the event that the product is not in stock at the time of placing the order, the customer will be informed as soon as possible in order to find a solution that is satisfactory to the customer. In case of unavailability of all or part of the order, the reimbursement of the products not served will be made within a maximum period of 14 calendar days with the same means of payment used for the purchase.
The articles offered on this website are only available for delivery to Spain, with the exception of the Canary Islands and the autonomous cities of Ceuta and Melilla.
COMAS reserves the right to establish limitations on the number of items ordered or the maximum order amount. COMAS will inform the Customer during the purchase process if the aforementioned limits have been exceeded.
4. PURCHASE AND CONTRACTING PROCESS
In order to make any purchase on the Website, the customer must be of legal age. The purchase of COMAS products by minors (under 18 years of age) is prohibited. The user, by purchasing the product, responsibly declares and guarantees that he/she is at least 18 years of age.
In addition, it will be necessary for the customer to fill in a data collection form in which COMAS is provided with the necessary information for the contracting of the products; data that in any case will be truthful, accurate and complete about their identity and that the customer must expressly consent by accepting the privacy policy of COMAS.
Once the customer has selected the products he/she wishes to purchase, these will be automatically added to the "shopping cart". The customer is free to access the shopping cart at any time, where he/she will be able to remove the products previously selected (in whole or in part) or add the quantities he/she wishes.
To proceed with the purchase of the products, the customer must click on the "Checkout" button that appears below the list of products and quantities selected. Afterwards, the customer will be asked for personal data in order to be able to manage the shipment of the package. Once you have completed the form and accepted the Privacy Policy, you must choose the payment method and enter the necessary data. Once the purchase is confirmed, you will receive an e-mail confirming the purchase.
BILLING
In order to maintain discretion with the customer, invoices will not be sent with the package. The customer may request an invoice by sending an email to postventa@comaspartners.com and it will be sent in electronic format to the email address provided by the customer.
5. DELIVERY
Orders will be delivered to the customer by courier or parcel companies. The order will be considered delivered when the carrier has delivered the package to the customer, and the customer signs the delivery receipt document. It is the customer's responsibility to check the condition of the goods on receipt and to indicate any anomalies on the delivery note.
Packages destined for mainland Spain and the Balearic Islands will be sent via the company GLS. The delivery time will vary between 24h and 48h from the time they leave the COMAS warehouse. COMAS is not responsible for any delay that may occur in the course of the shipment and no claims will be accepted for them.
If you make your purchase from Monday to Thursday before 14h, and Friday before 11h, your order will be shipped during the same day and delivered between 24 and 48h Peninsula. If you place your order after 2pm, it will be dispatched on the next working day after the order has been placed.
If the order is placed on Friday afternoon or during the weekend, it will also be dispatched on the next working day after the order is placed (usually Monday if it is not a public holiday).
For orders destined for the Balearic Islands, shipments are sent by GLS and take 4 to 5 working days to arrive.
Shipments are free for orders over 50 euros of purchase. In the case of a purchase of a lower amount, a transport cost of 5 euros (excluding taxes) will be applied for deliveries to addresses on the Peninsula and the Balearic Islands.
During the purchase process, the Customer may indicate the delivery address where he/she wishes to receive the order (only in Spain except for the Canary Islands, Ceuta and Melilla). It is not necessary for the billing address and the delivery address to coincide.
In the event that the transport agency is unable to make the delivery due to the absence of the addressee, it will leave a delivery attempt notification and will try to contact the addressee by telephone. After two (2) unsuccessful attempts, it is the customer who must contact the transport agency to proceed with the collection at the location indicated by the latter.
6. PRICES, TAXES AND CHARGES
The prices of the products listed on the Website shall be expressed in Euros unless otherwise stated and shall be guaranteed for the duration of their validity and whatever the destination of the order within the limitations established in section 3 of these conditions of sale.
The final prices of all the products (and, where applicable, the final prices per unit of measurement, where compulsory) together with their characteristics, offers, discounts, etc., are reflected in each of the articles that appear in the COMAS catalogue.
• VAT is included in the products.
• The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
• Shipping costs: shipping costs are not included in the prices of the products displayed on the Website and shall be borne by the customer as long as they do not reach the stipulated minimum purchase price. This minimum price will be informed during the purchase process and may vary according to promotions and special purchase offers.
Shipping costs will be added to the total amount and will be a flat rate that may vary depending on the rates of transport companies.
Shipping costs include packaging, handling and postage.
• Return costs: returns are subject to return and handling costs which are the responsibility of the customer. Please note that in the event of a return, we will be authorised to charge you for any costs we may incur for the return. For more information on returns, please see point 8. Return and withdrawal policy.
Product prices may change at any time. In this case, the price to be applied will be the price in force on the date the order was placed. In any case, the final cost will be communicated to the customer in the electronic purchase process before he/she formalises his/her acceptance.
7. PAYMENT METHODS
8. RETURN AND WITHDRAWAL POLICY
At the same time, once received the request to exercise the right of withdrawal from the contract, COMAS will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days by the same means of payment used by the customer. COMAS reserves the right to withhold the refund until it has received the return of the goods.
9. WARRANTY
10. LIABILITY AND DISCLAIMER OF LIABILITY
The following payment methods are available:
BY CREDIT OR DEBIT CARD
You can pay immediately through the Redsys SSL secure payment gateway, a payment platform that complies with the PCIDSS standard and supports 3D Secure payments. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card. Both personal and bank details will be protected with all the security measures established by the Organic Law on Data Protection 03/2018. COMAS accepts payments with Verified by Visa, MasterCard Secure Code, Amex SafeKey, JCB JSecure, Union Pay International Secure Plus. When ordering, the customer will provide their card details, which will be stored directly by Redsys during the checkout process. COMAS does not store credit card information. For internal reasons of the Organization, the collection management is done through Redsys, without this having any significance for the customer.
Once the payment has been made, please inform them that the subject of the customer's bank statement will appear as "COMAS".
The customer must notify COMAS, where appropriate, any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible so that COMAS can make the appropriate arrangements. To inform that the managers of the means of payment used for the purchase may adopt anti-fraud measures that entail the rejection of certain types of transactions. COMAS will never be responsible for the application of this type of security policy.
8. RETURN AND WITHDRAWAL POLICY
WITHDRAWAL
According to the regulations, the consumer and user will have the right to withdraw from the contract for a minimum period of 14 calendar days, from the date of receipt of the last product of the order, without having to indicate the reason and without incurring any penalty or cost, except those provided for in art. 107.2 and 108 of RD 1/2007, of 16 November, which approves the text referred to in the General Law for the Defence of Consumers and Users.
In order to exercise the right of withdrawal of a product, it is essential that the product is in perfect condition, with its original packaging and all its accessories.
The customer will have a period of 14 calendar days from the day of receipt of the good or product ordered to inform COMAS about their desire to withdraw from the contract. The consumer must inform COMAS of his decision to withdraw from the contract by filling in the form at the end of this document and sending it to the e-mail address postventa@comaspartners.com. COMAS will communicate to the consumer via email an acknowledgement of receipt of the withdrawal and the delivery address.
Upon receipt of the request to exercise the right of withdrawal from the contract, the customer shall return the product or products delivered to the destination indicated in the acknowledgement of receipt, within a maximum period of 14 calendar days. The customer shall bear the shipping costs, as well as those provided for in art. 107.2 and 108 of RD1/2007, of 16 November.
At the same time, once received the request to exercise the right of withdrawal from the contract, COMAS will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days by the same means of payment used by the customer. COMAS reserves the right to withhold the refund until it has received the return of the goods.
WARRANTY RETURNS
The articles sold through www.comapspartners.com are subject to the quality analysis established by our quality policies, certified under the ISO:9.001:2015 standard. If when you receive your order you are not satisfied, you have a period of fourteen (14) calendar days from the date of receipt of your order to execute the right of withdrawal. After this period, if the article has a manufacturing defect, you must make use of the warranty.
To make the return, the product must be in perfect condition, in its original packaging and all the original documentation delivered with it. If any article or component of the product is missing, the value of the articles or components not returned will be deducted from the amount of the refund.
The refund of the amount paid for the purchase of the products will not exceed 14 calendar days from receipt of the return at our facilities.
To make the return you must fill in the return form available on this page below. Once you have filled in all the details, you must prepare the package to be returned, using packaging that protects the products, which may be the same packaging used for the shipment if it is in good condition or one with similar characteristics. You must include in the packaging the delivery note received or a copy of the same, highlighting the items to be returned.
Once the form has been sent, the customer service department will send you instructions on how to proceed with the return to the e-mail address of the account with which you have made the purchase within the next working day of sending the form.
The return costs will only be free of charge in the event of delivery of defective products or items that differ from those ordered (reference, quantity or unit of measurement). In all other cases, the amount of the return costs will be deducted from the amount of the refund. This cost is set at 5 euros for returns from the peninsula or the Balearic Islands.
CANCELLATION OF THE ORDER
The customer has the right to cancel the order as long as it has not left the warehouse. In this case, COMAS will refund the amount paid by the customer. In addition, COMAS will deduct the costs, if any, for the handling of the refund.
The customer must inform COMAS by sending an email to postventa@comaspartners.com the number of the order to be cancelled.
ORDER DELIVERY ERROR
In cases where the delivery of a product that does not conform to the stipulated in the order is made, the customer must contact COMAS immediately via email postventa@comaspartners.com providing the product and order data, attaching photographs of the products received erroneously. The cost of returning and shipping the products, in this case, shall be borne exclusively by COMAS.
9. WARRANTY
The warranty does not include defects caused by negligence, knocks, improper use or handling, incorrect installation, or materials subject to wear and tear due to normal use. Defects caused by not following the instructions indicated in the Conditions of Use and Maintenance of each product or in the basic instructions included in the product at the time of delivery, among others, are not included in the warranty.
To manage a warranty you must contact COMAS via email postventa@comaspartners.com indicating your order number and describing the problem and attaching photographs of the product where you can see the defects in the quality of the product.
Once the warranty request has been reviewed by the COMAS Quality Department, and if it is confirmed that the problem is due to a defect in the product, COMAS will replace it with the same product. In the warranty confirmation email from COMAS, the return process will be indicated. If the product is out of stock, we will contact you to arrange an exchange.
The warranty period for the products offered on www.comaspartners.com is 2 years.
The shipping costs in case of warranty shall be borne by COMAS.
10. LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms and Conditions, the liability of COMAS in relation to any product purchased on the Website shall be strictly limited to the purchase price of such product. The liability of COMAS shall be excluded for cases of product failure or personal injury caused. The user accepts the exclusion of this liability as COMAS only acts as an intermediary between the wholesale distributors of the brands, the brands and the end customer.
On the other hand, the customer assumes to know the data and characteristics of the products purchased. The customer declares that:
- He/she is a person of legal age in accordance with the legislation in force.
- Is authorised to use the account, card or means of payment provided to make the purchase.
- Affirms that he/she is aware of and consents to receiving the product in the place and under the conditions informed during the purchase process.
- Accepts the data that have been informed during the process and that he/she is aware of the product information.
COMAS could not be held responsible for non-performance of the contract concluded in cases of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood or fire.
Not knowing exactly the screen resolutions used by customers when viewing the products, COMAS is not responsible for substantial differences in colour between the products delivered and those ordered through those displayed on the Website or the conditions of the package used by the brand itself.
11. CUSTOMER SERVICE AND COMPLAINTS
To make any complaint or suggestion to COMAS, the customer should contact the customer service department by sending an e-mail to Customer Service: postventa@comaspartners.com. At the end of this document, you will find both an indicative form to proceed with the complaint and the suggestion.
12. FORTUITOUS EVENT AND/OR MAJOR FORCE
In the event of force majeure and/or fortuitous event that prevent or delay the fulfillment of all or part of the obligations assumed by COMAS arising from this contract, these shall be suspended and COMAS inform the customer of the concurrence of the/s cause/s of major force and/or fortuitous event within seven (7) days of their knowledge. In the event that COMAS is delayed in fulfilling its obligations for a period exceeding fifteen (15) additional days, the consumer may terminate the contract and/or order in progress, COMAS proceeding to the return and/or refund the price, if any, paid, under the conditions provided in paragraph 6 of these General Conditions of Purchase.
Will be considered as fortuitous event and/or force majeure, including but not limited to, the following: war, riots, insurrection, social unrest, strikes of any kind, supply problems and natural disasters, not attributable to COMAS.
13. APPLICABLE LAW AND JURISDICTION
In all matters not provided for in this contract and in these general conditions of purchase, Spanish law shall apply, and in particular, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws that may be applicable.
The consumer may turn to an alternative resolution entity notified to the European Commission. Please note that the European Commission offers information about the dispute resolution tools available through the following link http://ec.europa.eu/consumers/odr/.
We also inform you that COMAS is not a member of any association or organisation that offers an out-of-court dispute resolution system.