GENERAL CONDITIONS OF SALE:

1. IDENTIFICATION OF THE RESPONSIBLE FOR THIS WEBSITE

This website https://www.x-sauce.com/shop/en (henceforth, “Sitio Web”) is operated by:

X-SAUCE

COMPANY NAME:

Multideporte Solutions S.L.

REGISTRED ADRESS:

C/Claveles, 43 28200 San Lorenzo de El Escorial, Madrid (Spain)

TAX IDENTIFICATION NUMBER:

ESB78982881

CONTACT:

TELEPHONE:

91 028 99 84

EMAIL:

info@x-sauce.com

COMMERCIAL REGISTRY DATA:

Tomo: 4.487

Folio: 175

Secc.: 9

Hoja: M-74-294

This document establishes the terms and conditions governing the purchase through the Website owned by Multideporte Solutions S.L. (hereinafter, "THE COMPANY" or “X-SAUCE”), of the products and services offered therein (hereinafter, the "General Conditions of Sale" or "GCS").

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:

By submitting an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you place an order on behalf of a legal entity, you declare that you have sufficient capacity to represent that legal entity and to accept these GCS.

Likewise, from the moment you place the order, after ticking the boxes on the purchase form, you accept and undertake to comply with these terms and conditions, without any reservations whatsoever. The present GCS replace any other previous condition reflected in any other document.

Consequently, please read these GCS carefully before placing an order through the Website.

The purchase will be understood to have been made at the registered address of THE COMPANY, indicated in the previous section.

THE COMPANY has the right to review and modify these GCS at any time and without prior notice. However, such changes will have no effect on orders sent prior to the corresponding modification.

3. PERSONAL DATA:

The information or personal data you provide will be processed in accordance with the provisions of the Privacy Policy [AR(A1] included in this Website. By using this Website, you declare that the information and data provided are true, accurate and correspond to reality.

RECTIFYING DATA INPUT ERRORS:

The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile at any time. In the event that payment has already been made and it is necessary to modify any data, please contact our Customer Service.

3. PURCHASE PROCESS:

The purchase process will be developed entirely in English and consists of several steps that are summarized below:

  1. Start of the purchase order:

    You can choose to make the purchase as a guest or by registering on our website. If you choose the latter option, you must provide provide, among others, your name or company name, address and e-mail address, which must be true and accurate.

    To conclude the registration, it will be necessary for you to read and accept our "Privacy Policy" and our "Terms and Conditions of Use of the Website". [AR(A2] When you register you will be given a username and password (the "Credentials") to access your personal account on the Website. You can change your details at any time by logging into your account.

    If you choose the guest mode, it is possible to retrieve the input data in case you want to register in the future.

    It is possible to purchase as a “guest”, without registration. Anyways its is possible to rescue the input data to registry in the future.

  2. Formalization of the Purchase order:

    To formalize the purchase, just add the products to the shopping cart and follow the steps to complete the order and formalize it.

    To formalize the purchase process, we used a secure external payment gateway owned by Banco Santander, which complies with the regulation PSD2.

    Once you have included the invoicing and shipping information and have proceeded with the payment[AR(A3] , you will be informed of all the details of the order (including an order number). Please note that the Order Number is provided for reference purposes and in no case does it constitute confirmation by THE COMPANY of acceptance of the order.

    Placing an order means making an offer to purchase the products selected and included in the shopping basket in accordance with these terms and conditions. THE COMPANY reserves the right to accept such an offer at its sole discretion, and may only accept it in part, and if it does not do so for any reason, THE COMPANY will endeavor to contact you by email, telephone or post and will refund any amount you may have paid to it.

  3. Order Confirmation:

    In the event that THE COMPANY accepts your order and after having verified the availability of the product ordered, as well as the payment made, it will notify you by sending an order confirmation (the "Order Confirmation"). This Order Confirmation will be sent by e-mail and will be effective from the date of shipment.

  4. Shipping and delivery of the order:

    1. Shipping:

      Once the Order Confirmation has been received, THE COMPANY will send you the product(s) purchased through the Website, to the address indicated on the order form, which may not correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar places.

      All orders are subject to product availability. If there are any difficulties in supplying products or if there are no items left in stock, we will refund any amount you may have paid.

      Additionally, the items offered through this Website are available for shipment in European Union. When international shipments are made, these shipments may be subject to import taxes, customs duties or additional taxes from the country of destination. Additional charges will be paid once product are arrived at the final destination.

      Clients are responsible for compliance with the laws of the country of destination. X-Sauce will have no responsibility for additional charges that may apply in the country of destination.

      You should know that some countries may require additional documentation before submitting articles. If the customer does not provide this information, this may cause delays in the order.

    2. Delivery:

      The delivery will be made within one to six working days from the confirmation of the order, at the postal address you have included in the order data, except in case of force majeure. The delivery note will be sent together with the Product or Products.

      Products will be delivered through the intervention of TuryElectro Galicia S.L.:

      • Tax ID number: ESB36526275
      • Registered address: carretera Porriño-Salceda Km. 1 (Desvío Pol. A Granxa) A Casilla – Atios 36400 O Porriño (Spain)
      • Telephone: 986912755
      • Mail: comercial.centro@turyelectro.com

      The risk of the product will be at your expense from the moment of its delivery, so from that moment on you will be solely responsible for it. Notwithstanding the above mentioned, and in spite of having proceeded with its delivery, you will not acquire full ownership of the products until THE COMPANY receives full payment of all amounts due in relation to the same, including shipping costs that may be applicable.

4. PRICE, PAYMENT METHODS AND INVOICING:

  • Price:

    All prices are available in EUROS. Prices will be those published on the Website at the time you place your order.

    All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the territory of delivery, costs and taxes relating to shipping and processing of the order are excluded and, where appropriate, will be reported and added to the final price.

    Prices may change at any time, although possible changes will not affect orders for which we have already sent you an Order Confirmation.

  • Payment Methods:

    THE COMPANY through the Website, accepts the following as payment methods:

    Credit card:

    You can pay using debit or credit cards Visa, MasterCard and American Express.

    Your credit card details are sent directly to the corresponding payment gateway for settlement with your bank.

    No one in THE COMPANY can have access to your credit card details, neither during the payment nor afterwards.

    You will receive a charge from THE COMPANY on your bank statement. If your bank authorizes payment with your card, we will process your order.

    Google Pay

    Google Pay uses Near Field Communication (NFC) to transmit card information facilitating funds transfer to the retailer. It replaces the credit or debit card chip and PIN or magnetic stripe transaction at point-of-sale terminals by allowing the user to upload these in the Google Pay wallet. It is similar to contactless payments already used in many countries, with the addition of two-factor authentication. The service lets Android devices wirelessly communicate with point of sale systems using a near field communication (NFC) antenna, host-based card emulation (HCE), and Android's security.

    Google Pay takes advantage of physical authentications such as fingerprint ID where available. On devices without fingerprint ID, Google Pay is activated with a passcode. When the user makes a payment to a merchant, Google Pay does not send the credit or debit card number with the payment. Instead it generates a virtual account number representing the user's account information. This service keeps customer payment information private, sending a one-time security code instead of the card or user details.

  • Invoicing:

    You expressly authorize the COMPANY to issue the invoice in electronic format, which will be sent to the e-mail address you have indicated when registering on our website or during the purchase procedure and will be sent in English. Although you can inform us at any time of your wish to receive a paper invoice, in which case we will issue and send the invoice in that format.

    The electronic invoice will be stored in our servers for 5 years from the time it was sent to you by e-mail. In this way you will be able to request it, in case of loss for example, through our customer service.

5. LEGAL GUARANTEE:

As a consumer you have the right to be protected for a period against existing defects or lack of conformity with the products:

This mandatory guarantee implies some rights that you can exercise:

Repair

Replacement

Reduction of the price

Termination of the contract

· Repair and replacement:

If the product is damaged or does not conform to the one you purchased, you may choose to have it repaired or replaced, provided that one of these two options is not objectively impossible or disproportionate.

Repair

It will be free of charge, as well as the cost related to it, especially the shipping costs, costs related to labor and materials.

It shall be carried out within a reasonable time and without major inconvenience, considering the nature of the products and their purpose.

Once the product has been delivered for repair, the guarantee period is suspended until we return it to you for repair.

Once we have delivered the repaired product to you, during the next 6 months we will be responsible for any defects in the repair that may arise.

In addition, if the repaired product is still not in conformity with the original purchase, you can choose: its replacement (unless it is disproportionate), the reduction of the price or the cancellation of the contract (both explained below).

When you deliver the product to us for repair, we will give you a receipt with the delivery date and the defect. When we deliver the repaired product to you, we will give you another receipt with the delivery date and the repair made.

Replacement

You may not choose substitution in the case of non-expendable products (not replaceable because they are unique), nor in the case of second-hand products.

It will be free of charge, as well as the cost related to it, especially shipping costs, labor and material costs.

It shall be carried out within a reasonable time and without major inconvenience, considering the nature of the products and their purpose.

From the moment you request the replacement, the warranty period is suspended until we deliver the new product to you. The new product does not have a new guarantee period but continues with the initial one.

If the new product is still not in conformity with the original purchase, you can choose to repair it (unless it is disproportionate), reduce the price or terminate the contract (both explained below).

The article or articles must be unused and in the same conditions in which you received it. It must contain the original unopened packaging.

It is the responsibility of the customer to proceed with the return ensuring that the product is returned safely, both in the packaging and choosing a registered transport company. You must ensure that the transport company covers the value of the X-Sauce order. The cost of sending the return will be paid by the customer and he will assume his risk. The customer has a legal obligation to take care of the products while they are in their possession. The return shipping costs are not refundable. If the product is returned due to an X-Sauce error and this has been processed with our X-Sauce customer service, shipping costs will be refunded.

It may take up to 7 business days for your package to arrive depending on the courier service used. Once we receive your package at our facilities, the customer service team will inspect and process your return within the next 5 business days. Any refund may take up to 5 days after the return order has been issued to your bank account.

When you give us the product to be replaced, we will give you a receipt with the delivery date and the defect. When we give you the new product, we will give you another receipt with the delivery date.

· Reduction of the price and termination of the contract:

Reduction of the price

You may exercise this right when you cannot choose to have the repair or replacement carried out and for those cases in which this has not been done within a reasonable period and without major inconvenience.

It will be proportional to the difference between the value of the non-defective or compliant product and the value of the defective or non-compliant product.

Termination of the contract

You cannot exercise this right if the lack of conformity is of minor importance.

For the rest of the cases, you will be able to exercise it when you cannot choose the repair or replacement and for those cases in which these would not have been carried out within a reasonable time and without major inconveniences.

How long do I have these rights?

New Products

30 days of margin since the order was placed.

How do I exercise them?

You should contact us through the following email hello@x-sauce.com or by calling the phone 0034 652 412 765 where we will tell you how to proceed.

Keep in mind that:

You must inform us of the defect or lack of conformity within 2 months of becoming aware of it, as you will be responsible for any damages caused by the delay in your communication. However, you maintain the rights mentioned above.

It is understood that the product does not present any defect or is in conformity with the purchased one, provided that:

It conforms to the description made by THE COMPANY and has the qualities indicated on this Website.

It is suitable for the uses for which products of the same type are normally intended.

And, it presents the quality and performance normally expected from a product of the same type, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products that we may have made.

6. LEGAL RIGHT OF WITHDRAWAL:

In accordance with the Spanish regulation for the Defense of Consumers and Users and other complementary laws, in the event that you are a consumer, this term is defined in the aforementioned regulation, you will have the right to withdraw from the sale within 14 natural days from receipt of the products subject to the sale without having to justify your decision and without penalty of any kind, unless the sale relates to some of the products and/or services detailed, among which are, merely by way of illustration:

i)

The supply of goods made to the consumer's and user's specifications or clearly personalized.

ii)

The supply of goods which are liable to deteriorate or expire rapidly;

iii)

And the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

How do I exercise my right?

You must notify your decision to withdraw from the purchase contract by means of an unequivocal statement sent by e-mail to hello@x-sauce.com or by post to C/Claveles, 43, 28200, San Lorenzo de El Escorial, Madrid (Spain), including your contact details, the order reference, delivery date and a photocopy of your ID card or passport. For this purpose, you can use this model withdrawal form[AR(A4] .

THE COMPANY will contact you to coordinate the collection of the items to be withdrawn. Unless otherwise indicated, you may return the products by sending them to the following address C/Claveles, 43, 28200 San Lorenzo de El Escorial, Madrid (Spain) at your own expense.

In order to comply with the withdrawal deadline, it is sufficient that the communication concerning the exercise of that right is sent before the expiry of the corresponding deadline.

In case of withdrawal in accordance with this Clause, THE COMPANY will return all payments received in connection with the purchase subject to withdrawal, including any delivery charges you may have paid corresponding to the cheapest shipping option offered, no later than 14 days from the day THE COMPANY receives the above-mentioned communication. However, the costs of returning the products will be borne by you.

THE COMPANY may make such refund using the same means of payment as it would have used for the initial purchase transaction unless another means of payment is expressly agreed. Notwithstanding the foregoing, THE COMPANY may withhold the refund until it has received the goods subject to the purchase and sale or until you have submitted proof of their return, depending on which condition is met first.

7. GENERAL RETURN POLICY:

Without prejudice to the provisions of the previous clause concerning the legal right of withdrawal, you have an additional period of time to return the products purchased through the website. The return must be made under the following conditions:

  • It must be within 30 days since the order was placed.
  • Any product you return must be in the same condition you received it and in the original packaging.
  • It must contain the original unopened packaging.
  • It is the responsibility of the customer to proceed with the return ensuring that the product is returned safely, both in the packaging and choosing a registered transport company. You must ensure that the transport company covers the value of the X-Sauce order. Shipping costs of your return will not be refundable. If the item is returned due to an X-Sauce error and this fact has been discussed with our X-Sauce customer service, shipping amount will be refunded.
  • It may take up to 7 business days for your package to arrive depending on the courier service used. Once your package is received at our facilities, our customer service team will inspect and process your return within the next 5 business days. Any refund may take up to 5 days after the return order has been issued to your bank account.
  • You will receive an email notification when refund is made.

8. CUSTOMER SERVICE:

In any case, for any incident or complaint you can send an email to the address hello@x-sauce.com. As a consumer you can request complaint forms at the registered address of THE COMPANY.[AR(A5]

9. CORPORATE LIABILITY:

THE COMPANY shall not be liable for (i) losses not attributable to any breach by it, (ii) business losses (including loss of profit, income, profits, contracts, data or unnecessary expenses incurred), (iii) indirect or consequential losses that were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was made.

Nothing in these conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or willful misconduct.

In addition, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of that product.

Please note that this has no effect on your statutory rights as a consumer under the terms of the Regulation, nor on your right to return products under clause 8.

10. WRITTEN COMMUNICATIONS:

Applicable regulations require that some of the information or communications we send you be in writing. By using this Web Site, you agree that most such communications with THE COMPANY will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that THE COMPANY sends to you electronically comply with the legal requirements to be in writing. This condition shall not affect your statutory rights.

11. NOTIFICATIONS:

The notifications that you send to THE COMPANY should be sent ideally through our e-mail hello@x-sauce.com. In accordance with the provisions of clause 12 above and unless otherwise stipulated, THE COMPANY may send you communications either by e-mail or to the postal address you provided when placing an order.

Notifications shall be deemed to have been received and properly made 24 hours after an e-mail has been sent, or 3 days after the postmark date of any letter. In order to prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to the post office or a post box and, in the case of an email, that it was sent to the email address that you had specified when placing the order.

12. TRANSFER OF RIGHTS AND OBLIGATIONS:

In the event of purchase through this Website, these GCS are binding on both you and the COMPANY, as well as on the respective successor and assigns.

You may not transfer, assign, encumber or in any other way transfer your contractual position or any of the rights or obligations arising therefrom in your favor or for you, without having obtained the prior written consent of THE COMPANY.

13. ONLINE DISPUTE RESOLUTION PLATFORM:

In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have access to an Online Dispute Resolution Platform, which can be accessed via the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=ES

A direct access has been established on the website's footer to allow easy access by consumers to this platform.[AR(A6]

14. PARTIAL NULLITY

If any of these GCS are declared null and void by a final decision of the competent authority, the remaining terms and conditions will remain in effect, without being affected by such declaration of nullity, and the null or void clause will be replaced by another that can be assimilated to the previous one in the most appropriate way.

15. FORCE MAJEURE

Neither you nor THE COMPANY shall be liable for any failure to comply with these GCS as a result of a force majeure beyond your control. Force majeure shall be understood to mean any act, event, lack of exercise, omission or accident that is beyond reasonable control, and in particular and for the purposes of illustration and not limitation, the following: strikes, lock-outs or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, impossibility of using trains, ships, aircraft, motor transport or other means of transport, among others.

It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension of time to comply with these obligations for a period of time equal to the duration of the cause of force majeure.

16. APPLICABLE LAW AND JURISDICTION

The contract for the purchase of products through this Website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Website or such contract shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Spain.

Notwithstanding the above, if you are contracting as a consumer under the terms of Spanish regulation on defense of consumers and users, nothing in this clause will affect the rights that may be recognized as such by current legislation.


[AR(A1]Include a hyperlink to the Privacy Policy.

[AR(A2]Two acceptance checkboxes must be enabled on the registration form and must be expressly marked by the user before completing the registration:

- "I have read and accept the privacy policy"

- "I have read and accept the Terms and Conditions of Use”

If these boxes are not checked, the registration process cannot be completed.

Each of the checkboxes must contain a link to the corresponding text.

[AR(A3]Before ending the purchase process, the following acceptance checkboxes must be enabled:

- "I have read and accept the privacy policy",

- "I have read and accept the Terms and Conditions of Use”

- "I have read and accept the General Conditions of Sale”

If these boxes are not checked, the purchase process cannot be completed.

Each of the checkboxes must contain a link to the corresponding text.

[AR(A4]Include a hyperlink to the withdrawal form

[AR(A5]For claims and/or complaints made by customers, it will be necessary:

1. Provide an identification code and justification of the claim and/or complaint made by the client (by email, by ordinary mail, etc.).

2. Ensure that the client is aware of the claim and/or complaint filed (with the previous step, this is fulfilled).

[AR(A6]It will be necessary for the customer to include in the footer an access to that platform.

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