COMAS&PARTNERS GENERAL CONDITIONS OF SALE

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/ Santa Agnes, 13-15, Polígono Industrial Sud

CP 08440 – CARDEDEU (Barcelona)

Spain

Telephone: (+ 34) 93.871.29.63

Fax: (+34) 93. 844.42.80

E-mail: comaspartners@comaspartners.com

Website: www.comaspartners.com

N.I.F.: ESB59932814

4E9LG9S7