Sales Terms

These Purchase Conditions together with the legal Notice and the Privacy Policy regulate the purchase and sale of the services and products offered by Industrial Agustí 1876, S.L. (hereinafter, “Manxa Industrial”) and its Clients through the website www.manxaindustrial.com (hereinafter, the “Website”).
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce, Law 7/1998 on General Conditions of Contract, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws and Law 7/1996 on the Regulation of Retail Trade.
The validation of the order by the Client expressly implies knowledge and acceptance of these Purchase Conditions as part of the conclusion of contract. The data recorded by the Web constitutes proof of the set of transactions carried out between Manxa Industrial and its Clients, unless proven otherwise.

1. GENERAL CHARACTERISTICS OF THE PRODUCTS

Through the Website of Manxa Industrial the Clients have available a selection of products for industrial production and maintenance. The scope and characteristics of the services contracted are those included in these Conditions of Sale, on the Website and in the order and payment confirmation e-mils sent by Manxa Industrial to the Clients.

2. PROCEDURES FOR THE ORDER CREATION

To place an order it is necessary to connect to the Web and create a personal account, in the “Register” section filling in the electronic form with your e-mail address, CIF/NIF/NIE, telephone, company and contact person. All fields of the form are mandatory.
The Client will then receive a registration confirmation message and instructions to Access the Website at the e-mail address previously provided. The Client must be previously registered in the company’s databases. If it is a new Customer, you will receive by email a customer file that you must fill in with your company data, merchandise delivery, data contract persons, recipient of the invoice and bank details.
Once the aforementioned form has been correctly received, we will proceed to register the Client in our databases and on our website and we will send the client his username and password by e-mail. The Client will then be able to select the products of interest and view their technical and safety data sheets, as well as their description and characteristics. The client will also have the possibility to use our products’ buyer. The confirmation of the order is linked to the acceptance of the amount by the insurance company. Once the order is accepted, Manxa Industrial will send the client the confirmation by email and with the .pdf file attached.
Once the products have been chosen the client must accept these conditions of Sale. It is important that the Client reads and understands each of these clauses. In the event that the Client does not agree with one or more of the clauses of the Sales Terms they should not proceed in the purchase process.
During the registration procedure and subsequently, by accessing their personal user account, the Client will have the possibility of correcting the errors made in the introduction of its data. In order to be able to correct those errors after sending the form, the Client must contact Manxa Industrial by e-mail industrial@manxa.com. The invoices will be available to the Clients in their personal user account. During the entire purchase process, the Client has the security of information and personal data guaranteed, since the Website is protected by the https:// protocol.

3. CUSTOMER REGISTRATION FORM

Regarding the Customer Registration Form previously mentioned, the Client expressly consents the processing of these data to all the companies part of the Manxa Group, as well as to all the subcontracted parties who are in charge of the administrative, accounting and fiscal management. The identity of the Manxa Group Companies can be known by the Client by accessing the Legal Notice in our Website.
In the event that the client has provided personal data of third parties, he guarantees that he has collected them lawfully and that he has provided the affected party with the necessary information on the processing of his data. Likewise, the Client is responsible for requesting the consent of the affected party for the transfer and processing of their personal data on behalf of Manxa Industrial.
When the affected persons exercise their rights of Access, rectification, deletion, and opposition, treatment limitation data portability and not to be the subject of automate individualized decision, before Manxa Industrial, we will notify the Client in the e-mail indicated in their customer registration form.
Manxa Industrial undertakes to maintain the duty of secrecy regarding the personal data which had Access by virtue of this assignment, even after its purpose has ended. In addition, we inform you that our workers and collaborators have committed themselves, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures.
Once 3 years have elapsed since the last order, Manxa Industrial will proceed to block the personal data provided by the Client, while responsibilities may arise from the execution of the service. At any time the Client and any affected party have the right to obtain confirmation on whether we are processing personal data that concerns them or not, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, they may oppose or request the limitation of the processing of their data, in which case we will only keep them for compelling legitimate reasons, or the exercise or defense of possible claims.
We inform you that with the express acceptance of these Conditions of Sale you authorize Manxa Industrial to process your data and the personal data provided by it for the aforementioned purposes.

4. PRICE AND METHOD OF PAYMENT

The prices of the products and the taxes for each speciality will be those established on the Website for each product, all prices published on our website are with Spanish VAT included, VAT must be added and appears added in the .pdf with the order confirmation.
The client may make the payment by direct debit to the account indicated in the client registration form.
Customers who do not have direct debit have to make a minimum order of 30 euros without VAT to be able to buy. They can pay throuhg the following platforms:
– Credit and debit card: VISA, MASTERCARD Y VISA ELECTRON.
– Bizum.
As an electronic payment system, “MANXA INDUSTRIAL” is attached to the electronic commerce payment gateway. All data provide for these purposes is encrypted under the SSL protocol ( “Security Socket Layers”) to guarantee maximum security thereof, and cannot be intercepted during transmission over the network.

5. METHOD, EXPENSES AND DELIVERY TIME

The shipment of the orders made thourh th eWebsite is done thrugh our own carriers. The products are setn to the address that the client has indicated to us at the time of placing the order. We deliver to the Peninsula and France.
Transportation costs to customers within our direct distribution area are free. For deliveries whose address is outside the Manxa Industrial route, they will have a cost of 6 euros for orders of less than 100 euros. For orders whose Price is greater than 100 euros, transport costs will be free, even if the Customer’s address is not on our usual route.
The delivery time is 24/48 working hours for products that are in stock. When the product is a personalized order for the Client, the delivery period will depend on the period granted by the supplier, which will be informed to the Client as soon as possible by email or telephone.
If Manxa Industrial is unable to send the contracted products within the indicated period, it will notify the client of this circumstance, informing you of the new term in which they will be available.
In the event that the client detects a problem at the time of the delivery of his order (damaged packaging, missing or damaged products), he must contact our Customer Service department by email at industrial@manxa.com within 24 hours of receipt.

6. RIGHT OF WITHDRAWAL

When considered as a consumer by Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, the Client may withdraw from this contract without the need to claim the cause within fourteen (14) calendar days from the date you receive the product. For this, the Client must notify Manxa Industrial of their decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email).
Manxa Industrial will have a maximum period of fourteen (14) calendar days from the withdrawal to return to the user all the sums received, charging the client with the direct costs of return.
In order for the right of withdrawal to be processed correctly, the client must return the product in perfect condition, so that it does not suffer any type of depreciation in its value, and within the established period.
As provided in art. 103, c) of the aforementioned regulations, the right of withdrawal will not be applicable to contracts that refer to (i) the supply of goods made according to the Client’s specifications or clearly personalizes; (ii) the supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

7. PRODUCT WARRANTIES

Manxa Industrial guarantees that the products commercialised are in accordane with the contract, responding to it for a perido of one (1) year for any lack of conformity that exists at the time of product delivery. To do this, the client must inform Manxa industrial of the lack of conformity of the product within a maximum period of one (1) month from when he became aware of it. The warranty does not cover deficiencies caused by negligence, blows, incorrect use or improper handling.
It will be understood that the products are in accordance with these Sales Terms, unless proven otherwise by the Customer. If the Customer verifies the lack of conformity of the product, he may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. The repair and replacement will be carried out within a maximum period of thirty (30) days.
When the Client cannot demand the repair or replacement of the product, or in the cases in which those have not been carried out within the period of thirty (30) days indicated above in this clause, the client may choose between requesting a reduction in the Price or termination of the contract. The resolution will not proceed when the lack of conformity is of little importance.
The Price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually had when finally delivered.
To report a lack of conformity, request a repair or replacement, the Customer must contact the Manxa Industrial Customer Service department by sending an email to industrial@manxa.com or by calling 972274527. Manxa Industrial will inform the client how to proceed to return the product.

8. REIMBURSEMENT OF THE AMOUNTS PAID

When, in accordance with clauses 6,7 and 8 the client is entitled to a refund of amounts paid, the reimbursement will be made through a credit in the next billing.
Manxa Industrial will not refund the amount or carry out any reshipment of merchandise until the receipt and condition of the item being returned or exchanged has been verified. Once the correct condition of the retuned product has been verified, Manxa Industrial will proceed to make the payment.

9. GENERAL INFORMATION

Manxa Industrial will file the electronic document in which the contract is formalized. It will be accessible to the Client through the website, and in addition, the client may request a copy of it by contracting our Customer Service department by email industrial@manxa.com. The contract and the documents related to the purchase of the products may be made in Spanish or Catalan.

10. CUSTOMER SERVICE

Customers may address their questions, complaints or claims to Manxa Industrial by post, email or through the telephone number provided on the website. Manxa Industrial undertakes to offer a response to the Client in the shortest time possible.

11. APPLICABLE LAW AND JURISDICTION

These Purchase conditions are governed by the Spanish law. The parties submit to the resolution of conflicts arising from this contract the courts and tribunals of the consumer’s domicile when the Client is considered a “consumer” by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. When the client is not included in this classification, the forum for conflict resolution will be Olot, in the CCAA of Catalonia.