General terms and conditions

Preamble

Version valid for orders placed from 01/10/2008.

These general terms and conditions of sale applied to any product order placed by any public or private body corporate or individual (hereinafter, Customer or You), with MemoriasUSB (hereinafter, MemoriasUSB). Soul any special terms and conditions exist (in the purchase orders or in separate documents), these general terms and conditions shall be construed to apply subsidiarily to the special terms and conditions.

MemoriasUSB is registered at the Mercantile Registry of Madrid in volume 28.582, folio 100, sheet M-514584, entry nº 1. Tax/Vat Number: B86151966.

1. Offer

If you want to know more about the products you want to buy before placing an order, please consult our product catalogue (accessible via this website).

The products offered by MemoriasUSB are described as accurately as possible, taking into account the information facilitated to MemoriasUSB by the pertinent manufacturers, who reserve the right to modify, without with prior notice, the characteristics of such products, and the Customer accepts this circumstance.

The photographs in our catalogue are indicative and not binding. In order to supplement the information given in the catalogue, the Customer can ask MemoriasUSB for a sample of the product that they wish to buy. Depending on the product in question, this sample may be offered by MemoriasUSB free of charge, lent or sold. In all cases, the sample will not be customized and MemoriasUSB's obligation to provide it will remain subject to its availability.

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2. Order

2.1. Placing orders

Before placing an order, find the product you want on our web, decide if you want to customize it, selects the packaging you like the most and the software services that best suit your needs. There is a minimum order quantity according to the model chosen.

When we receive the order, we will study it and send you a pro-forma invoice, which you must sign and seal and return to us with proof of payment of one hundred (100) per cent of the amount of the order. The invoice will state the form of payment chosen by the Customer and the scheduled delivery period.

The payment implies full acceptance by the Customer of our offer and the formalization of the sale and purchase contract. Consequently, MemoriasUSB will not process any orders until it has confirmed that the amount has been collected. When it confirms that the payment has been made, MemoriasUSB will send the order to the manufacturer and the Customer will not be able to cancel the order under any circumstances nor will any of the amounts paid until that time be reimbursed under any circumstances. MemoriasUSB will not be under any obligation to attend to any change requests made by the Customer once the orders have been sent to the manufacturer. Any request in this respect will be studied and, where applicable, a separate quotation will be issued.

En caso de productos con entrega en 24 horas el pago del 100% se realizará contra reembolso, en efectivo, a la entrega de la mercancía.

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2.2. Cancellation

Once a customer has placed an order, it cannot be cancelled. Exceptionally, MemoriasUSB may authorize the cancellation of specific orders when the reasons for doing so are beyond the Customer's control. Requests to cancel an order can be made by e-mail kontakt@memoriasusb.com , in writing or by fax to 020 8602 0887.

The Customer will be invoiced for any expenses incurred until the cancellation request is made.

Orders cannot be cancelled exceptionally if the production process has started, irrespective of the confirmed delivery date.

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2.3. Customization

If you want to customize the USB flash drives with your corporate image, you must email your logo and all the other graphic material to our production department: production@memoriasusb.co.uk .

All the images that the Customer sends us must be vectored (FAQ). If you do not have the files in vectored format, we can do it for you (Vector).

When we have received the graphical files needed to customize your product, we will send you a photomontage of what your product will look like once customized.

If the Customer cannot imagine figure what a device will look like with their corporate image, our production department will make a simulation for them. This simulation is an image generated automatically and therefore might not match the final result. Given the large variety of logos and printing techniques, subsequently we will study the viability of the project, and notify the Customer of the final result.

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2.4. Pre-production samples

If you want, we can also send a sample of your customized product to the address you give us. If you do want a sample, please ask our sales department when you place your order.

Please take into account that this will delay the order by at least one (1) week and that you will have to pay all the expenses incurred in preparing and sending the sample, as well as any expenses arising from repetitions caused by errors or changes requested by the Customer in the initial customization.

MemoriasUSB will only pay the expenses of the original prototype if the model chosen means that a sample has to be produced anyway. The Customer will have to pay the cost of any repetitions due to modifications not included in the confirmed photomontage.

If MemoriasUSB lends the sample to the Customer, the Customer must return it within the period set by MemoriasUSB. If it is sold by MemoriasUSB, the price will be as stipulated by our sales department.

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2.5. Tolerances

Despite the care taken by MemoriasUSB in selecting its manufacturers, there may be slight colour differences between the end products and the PANTONE codes indicated by the Customer.

The variety of marking techniques and media, as well as the constant evolution of the inks and tints used (especially due to new environmental standards) means that the ink and brightness might not always match the PANTONE codes given by the Customer.

These slight differences are tolerated by the uses of our profession and are also accepted by the Customer, who will not be entitled to cancel the order or claim compensation for any damages.

The Customer's acceptance of the photomontage releases MemoriasUSB from any liability vis-à-vis any defects observed subsequently.

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3. Storage, transport and collection or delivery

Orders are always delivered by UPS, worldwide leader in international deliveries. Besides your goods are 100% insured.

If you want to receive your order sooner, ask for our Go or Priority services.

Any delays in the delivery for causes not attributable to MemoriasUSB (such as weather conditions, natural disasters, customs delays, transport problems, terrorist attacks, non-payment, telecommunications problems, acts, regulations and restrictions imposed by any government, etc) will not entitle the Customer either to cancel the order, to refuse the goods, or to seek the payment of damages or interest. MemoriasUSB will never be held liable for any delays in deliveries that are not attributable to it.

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4. Warranty

4.1. Quality

MemoriasUSB only offers quality products and, accordingly, reserves the right to withdraw an article or suspend its delivery if the Quality Department deems it necessary. If this happens, we will contact the Customer to explain the reason.

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4.2. Scope of the warranties

The USB devices retailed and sold by MemoriasUSB are warranted for life against manufacturing defects. This warranty does not cover any damages or defects caused by their improper use.

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4.3. Cancellation of warranties

These warranties will be rendered null and void and, therefore, cannot be claimed by the Customer, in the following cases:

When the product has been handled or serviced by a person or entity other than MemoriasUSB or its authorised repair centres.

<>When the defect or fault is a consequence of the product being used or treated inappropriately.

If the faulty product is delivered to the repair centre without its original packaging or another equivalent packaging.

When the product is not sent with a copy of the delivery note or of the invoice.

To send materials under warranty to MemoriasUSB, the Customer must first ask our returns department for a repair number by following the steps explained in the RMA Section of these general terms and conditions (see below).

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4.4. Quantity tolerance

All orders are checked before leaving our offices. However, and due to the complexity of the device manufacturing, supply and customization process, the number of units delivered to the Customer may be two (2) per cent larger or smaller than the amount ordered by the Customer.

The Customer agrees to accept all the goods if the amount delivered falls within the limits of this two per cent (±2%). In any event, MemoriasUSB will invoice the Customer for the exact amount of the delivery.

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5. Claims and returns

5.1 Reception of goods and DOA (Dead ON Arrival) management

On receiving the goods, the Customer must immediately check their state and make sure that the order is correct. If the nature, quality or quantity of the delivered products is not correct or if the packaging security seals are broken, the Customer must not sign the delivery note, and instead indicate on it what has happened and contact us by phoning 020 3147 4664 within twenty-four (24) hours. Our sales department will reply to your request within forty-eight (48) hours.

Any complaint or claim sent after five (5) working days have passed since the goods delivery date will not be taken into account. We will not accept any claim regarding any article, accessory or handling added to the original order by the Customer; or regarding any material that has been used, is incomplete or is not in perfect condition and in its original packaging.

The claim will be accepted after the material has been checked by our technical department. How long MemoriasUSB takes to settle the claim may vary from one case to another.

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5.2 Return Merchandise Authorisation (RMA)

If you find any manufacturing fault in the purchased flash drives, please contact our technical support department by email: support@memoriasusb.co.uk.

One of our sales reps will send you a repair request form (open it here) so that you can tell us about your problem.

When we receive the repair request, we will give you a repair number (RMA), which you must indicate on the delivery label (open it here) which will already have our address on it. Print it, attach it to the package and send us the goods that you consider faulty, postage paid.

When we receive the goods, we will check them and conduct pertinent tests. If the goods are faulty, we will repair or replace them and send them postage paid.

MemoriasUSB will endeavour to maintain the original conditions of the product, but does not guarantee the customization of the devices in replacements or repairs. If the product cannot be repaired or replaced with another one the same, MemoriasUSB reserves the right to provide another one of similar characteristics.

Under no circumstances will claims be accepted for the wear and tear of the device or its customization through everyday use. The Customer will be responsible for choosing the product that best suits its needs.

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5.3 Claim and return expenses

MemoriasUSB will pay for the collection of any products that are returned on grounds attributable to it, as well as the expenses of returning them to the Customer. If the Technical Department finds that MemoriasUSB is not responsible for the fault, the Customer must pay the shipping costs. If the Customer has distributed the articles to ends users, MemoriasUSB will be responsible for a multipoint collection.

There will be a minimum charge of thirty (30) euros for handling costs in any returns due to mistakes made by the Customer, which will be deducted from the pertinent credit payment.

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6. Financial conditions

6.1 Prices

The prices shown on our web do not include the applicable VAT, the amount of digital tax, delivery, handling or packaging charges, or customization costs and are subject to change without with prior notice from us.

When a Customer places a specific order, we will send the pro-forma invoice with the exact cost of the order, which may vary slightly from the cost indicated on the website for reasons beyond MemoriasUSB's control.

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6.2 Invoicing and Payment.

Unless we indicate otherwise in the pro forma invoice issued by MemoriasUSB, the Customer must pay hundred (100) per cent of the price of the ordered products when they accept the pro forma invoice.

No order will be sent unless proof of payment has been received by fax.

We accept payments by bank wire transfer, Paypal, credit card or endorsed check. Please send bank wire transfers to our Bankinter account: 0128-9408-98-0100001496. Consult conditions of purchase with your salesperson.

Any sum not paid on time will be increased by one and half per cent (1.5 %) per month, calculated from the date of non-payment. The sum owed will become immediately and fully payable ten (10) days after a demand for payment has been sent unsuccessfully, without the need for any judicial formalities. If the sum is not paid on time, the case will be transferred to our legal department.

In the event of non-payment of any amounts (including interest or penalties), MemoriasUSB will not deliver the goods, reserving title to the goods to guarantee collection until the payment is made.

However, as soon as MemoriasUSB notifies the Customer that the goods are available for delivery, the Customer will be held liable for their loss or destruction, as well as for any damages that the goods might suffer or cause.

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7. Personal data protection

The data that you provide when asking us for an offer will be added to the 'Potential customers' file kept by MemoriasUSB. We will use your personal data to process the order until it is accepted. If you finally accept the quotation, we will transfer your data from our 'Potential customers' file to our 'Customers' file, for the purposes of processing the order and efficiently handling this business relationship.

We will also use your data to send you commercial information about MemoriasUSB. The Customer can tick the 'I do not want to receive commercial communications' box on the order form. You can also withdraw your consent at any subsequent time by writing to lopd@memoriasusb.com.

Like wise, you may exercise your rights to access, change, remove and object by addressing, by applying, by any means that provides proof of the sending and receipt of its request, to the Communications department of MemoriasUSB at Polígono Industrial Euópolis, Calle Sofía, 10 - 28232 Las Rozas (Madrid) or by e-mail to lopd@memoriasusb.com.

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7.1 Personal data protection. Software services

The files that the client provides us when asking for a data insertion in the USB flash drive, in case of contracting one or more software services, will be treated with high confidentiality. These data will be manipulated in order to offer the contracted service and will be deleted from our files once satisfied the client necessity.

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8. Modification and validity

MemoriasUSB reserves the right to modify these general terms and conditions whenever it deems it fitting. No modification will be backdated and therefore the version that you accept at each point in time will be the version that will apply to your order.

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9. Applicable law and courts

This contract will remain subject to the laws and regulations of Spain and Madrid and, where applicable, to regional regulations.

In the event of doubt regarding the interpretation and execution of this contract, the parties will endeavour to reach an agreed and amicable solution, to which end they may resort to the services of a lawyer. Should this not be possible, the parties freely and expressly waive their right to any other jurisdiction, and will voluntarily submit the settlement of any dispute that might arise vis-à-vis the interpretation and execution of this declaration to the magistrates and courts of Inner Madrid.

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10. Acceptance of the General Terms and Conditions

By placing an order with Memorias USB, you accept all the terms and conditions without reservations.

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