Seller Identification:
MEL COMPOSITES, SL, with registered office at Camí del Mig, 5, PI Els Garrofers, 08340 Vilassar de Mar-Barcelona, Spain. Tel. +34 937415454. Website www.melcomposites.es. Tax ID B61670212, EU VAT no. ESB61670212
Application: These general sales conditions apply to all sales made with customers of MEL COMPOSITES, SL (hereinafter MEL), regardless of the type of sale chosen (online sale, telephone, email, in-store sale, or through our sales department). Unless we agree otherwise in writing, they apply regardless of the documents issued by our customers. These conditions may be modified at any time and without prior notice on our part, but will not be applied retroactively. Our sales conditions are available on our website (https://melcomposites.es/general-terms-conditions-of-sale) and on the back of all invoices.
Orders: Our customers' orders commit MEL only if they are subject to written acceptance by MEL.
Products: The essential characteristics of the product are indicated in the 'Product Technical Sheet'. MEL's suppliers may update and improve their technical sheets and withdraw products from sale. MEL's suppliers reserve the right to modify the properties of the product. All characteristics specified in the technical sheets are based on laboratory tests. Measurements and their tolerances may vary for various reasons.
MEL's liability is limited to the value of the goods supplied by MEL and used by you.
It is your responsibility to check with the local authorities in your country any restrictions on the import or use of the products you have requested.
The buyer undertakes to respect the normal usage instructions recommended by each manufacturer. MEL is not responsible if the products are not used according to their usual or regulatory use or do not comply with the applicable regulations of the country where they are used.
Prices: MEL's price list does not constitute a definitive offer. Our prices are always quoted subject to changes that may occur between the order date and the delivery date. Our prices are net prices, Ex-Works and without customs costs or other applicable taxes. Any change in one or more of these elements before delivery will be borne by the buyer.
The prices appearing on the website are indicated in euros, excluding VAT and shipping costs, which are automatically calculated when processing the order. In case of an obvious error or an error due to a computer failure, which shows an item with a price obviously derisory compared to its real market value, the sale will not be legally valid, due to its erroneous price, not in accordance with the good faith required in the transaction.
Payments: Customers who have chosen the 'web sale' or 'in-store sale' mode must pay before shipment/receipt of the goods.
For other customers, those who do not have an account registered in our systems must pay in advance to confirm the order. Customers with a registered account and assigned credit will pay at 30 days net, outside of written agreements on our part. Amounts not paid before the due date will incur a late penalty of 2.5% monthly. This penalty will not require any prior formal demand. Non-payment within the agreed dates will result in the suspension of all deliveries until resolution.
Deliveries – Receipt of Goods – Damages – Transfer of Risks: For availability reasons, an order may be delivered to the customer in several installments, even when payment has been agreed in a single installment. Furthermore, MEL will not be responsible for any compensation in case of delivery delay or interruption of product supply. Cases of force majeure that exempt MEL from its supply obligation are considered: war, riots, fires, strikes, accidents, and the impossibility for Mel to be supplied in turn.
Shipments, even with freight paid, travel at the customer's risk, who must verify the materials delivered upon receipt. In case of damage, delay, or loss during transport, it will be the recipient's responsibility to refuse delivery or file claims against the transport company, in accordance with commercial law. Claims regarding the quality and quantity of materials in accordance with the order must be made within 3 days following receipt. Samples for testing will not be sent, and we do not accept returns except for errors on our part or prior agreement. If these formalities are not met, MEL will not consider any compensation, even partial, to the beneficiary. In case the goods are not collected on the scheduled date for pickup by the customer, Mel may, at the exclusive expense of the buyer, proceed to move and/or store and insure the goods, in its premises or elsewhere, without detriment to the buyer's obligations, especially payment.
Claims to the carrier: Upon receiving the material, you must check the package and the goods (quantity, condition) in the presence of the delivery person. If you notice an anomaly, please note it on the original delivery note without forgetting to sign it. For your claim to be considered, you must comply with the following rules: 1. Note the damages to the package and/or pallet (open, torn, wet, dented, etc.); 2. Specify the product reference and the problem (missing, broken, wet, dented, etc.); 3. If you consider the condition of the package unacceptable, we advise you to refuse delivery, notifying it on the delivery note as detailed above. It is very important that the described anomalies are detailed in your claim, otherwise it would not be accepted.
Returns: Apart from errors by MEL, the following will not be accepted: products delivered more than 30 days prior to the claim, products that are opened, cut, or manipulated. The systematic loss of value of the materials will be invoiced to the customer. The transportation cost of returns will be borne by the customer.
Warranty: MEL's only warranty is strictly limited to the conformity of deliveries with the specifications of the goods indicated in the sales contracts. The buyer is obliged to ensure, before use, that the delivered goods correspond to the requested order. No claim regarding quality, weight, or conformity of delivered goods will be admitted after a maximum period of twenty (20) days following acceptance by the buyer. Claims are not admitted after the goods have been used or if the protection and conservation norms have not been respected.
The warranty for manufacturing defects implies only the replacement of products recognized as defective that have not yet been used, but in no case will it be responsible otherwise. In particular, MEL is not responsible for damages caused to the user by a hidden defect in the supply.
We reserve the right to modify the sourcing, packaging, or price of our products. This without obligation for us to modify previously ordered products.
Property: MEL reserves ownership of the delivered materials until full payment is received. However, from the moment shipment begins, the goods are considered at the risk and expense of the buyer. The buyer may use the products in the normal context of application in their company. This authorization will be canceled at the moment there is a payment incident, without the need for a formal demand. Therefore, MEL may reclaim the materials still in the buyer's possession until payment is fully satisfied, even in case of suspension of rights proceedings due to collective lawsuit or precautionary measures. Any advance payment will be treated as compensation. The buyer undertakes to carry out the necessary procedures so that the goods are considered for all purposes identified as property of MEL.
Technical Advice: MEL provides free technical advice, but only for guidance purposes. Therefore, it is the buyer's responsibility to ensure that the requested products correspond to their final use or expected results/characteristics.
Privacy Policy: At MEL we respect your privacy. For you to access our products and services, we must collect and store personal data from you. This information is only used to create proformas, orders, invoices, and to contact you.
Applicable Law: In case of dispute, and with express waiver of their own jurisdiction, both parties expressly submit to the Courts of Justice of Mataró (Barcelona) for the resolution of any doubts, disputes, and differences that may arise. The choice of jurisdiction by Mel does not give the customer the right to cancel an order, this choice being reserved solely to the seller. Orders are accepted exclusively under the above conditions; in case of changes by the customer to what was initially stipulated, our company will only be involved in case of a new formal agreement in our name.
All general or particular provisions appearing in the commercial documents or other documents of the customer that are contrary to these general sales conditions will be considered null and will not be taken into account.
Approved by Eduardo Galofré
rev. 2023-01 ID-078