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Mishki Perú
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Terms and conditions

SPECIAL CONDITIONS

The undersigned acknowledges having read and understood our General Terms and Conditions of Sale (GTCS)—included on the last page of this document, and specifically the retention of title clause and the jurisdiction clause—and accepts them without reservation, as well as these special conditions.

PAYMENT TERMS

All provisions of “Article 3. Payment” of our GTCS that are not contradicted by these special conditions shall remain applicable, as shall the provisions of “Article 8. Contract Review.”

INVOICING AND SUPPLY CONDITIONS

All product deliveries shall incur a shipping charge of €15 (excluding tax) for orders under €200 (excluding tax).

ELECTRONIC INVOICE TRANSMISSION CONDITIONS

The invoice will be sent via email in PDF format.

  1. ORDERS
    Every order implies full acceptance by the buyer of these General Terms and Conditions of Sale. These prevail over any conflicting conditions established by the buyer, particularly in their purchasing terms and purchase orders.
    Orders submitted to us are always subject to our acceptance. Such acceptance shall only be deemed given upon the issuance of an order confirmation or the direct execution of the order.
  2. PRICES
    The price applicable to a product shall be that set out in our price list in effect on the date of the order or, failing that, the price indicated in the offer issued following the buyer’s inquiry.
    If this price changes between the date of the offer, the date of the order, and the date of delivery, the new applicable price shall be communicated to the buyer. Unless expressly rejected within three business days, it shall be deemed accepted.
    Prices are quoted excluding tax, based on the “Ex Works” Incoterm in effect on the date of the order, unless otherwise agreed.
  3. PAYMENT
    Invoices must be paid in full upon collection or delivery, unless otherwise agreed between the parties. Only the actual clearing of checks and commercial paper shall constitute full payment.
    Any invoice for which a duplicate is not requested within ten days following delivery or collection shall be deemed received by the buyer.
    No claim regarding the quantity or quality of the products sold, nor regarding the details or amount stated on the invoice, shall justify non-payment of an invoice by its due date. In the event of partial delivery, the failure to make or the postponement of a subsequent delivery shall not delay payment for products already delivered.
    Any claim regarding the amount of an invoice will only be considered if communicated to us in writing within fifteen days of its issuance. If our management acknowledges the claim as valid, the buyer shall be granted a credit note only, which may be offset against the invoice if issued prior to its due date.
    Total or partial non-payment of an invoice by its due date shall incur late-payment interest calculated at a rate equivalent to the interest rate applied by the European Central Bank in its most recent refinancing operation, plus ten percentage points, from the due date until actual payment. Additionally, a fixed indemnity of €40 shall apply to cover collection costs.
    If the collection costs actually incurred exceed said amount, we reserve the right to claim additional compensation from the buyer for such costs. Any sum not paid by its due date shall also be increased by 15% as a penalty clause, subject to a minimum of €150 per outstanding amount.
    Failure to pay an invoice by its due date authorizes us to suspend delivery of all pending orders from the buyer and renders all our outstanding claims against the buyer immediately due and payable, without prior formality. Failure to pay a single invoice shall likewise render the amounts of all other outstanding invoices immediately due and payable by operation of law.
  4. DELIVERY, TRANSFER OF RISK, AND CUSTODY
    • 4.1. The buyer agrees to take delivery of the products at the locations and on the dates indicated by us. In the event of the buyer’s failure to do so, delivery shall be deemed to have been effected under the agreed conditions and with full legal effect.
      Delivery times are provided for information purposes only. Failure to meet them shall not give rise to penalties for delay, order cancellation, or payment deferral.
      Any additional costs incurred due to a delay beyond our control in the execution of a delivery shall be borne by the buyer.
      Events of force majeure, war, strikes, lockouts, road blockades, epidemics, material shortages, fires, floods, equipment accidents, or other unforeseen causes resulting in an interruption of product supply from our suppliers shall release us from the obligation to supply the affected products within the originally scheduled timeframes.
      If such an event persists for more than thirty days from its occurrence, the sales contract may be terminated by the more diligent party, without either party being entitled to claim compensation for damages.
    • 4.2. Risk regarding the sold products shall transfer to the buyer prior to loading at our warehouses, regardless of any specific agreements reached regarding transport.
  5. TRANSFER OF OWNERSHIP
    We expressly reserve ownership of the sold products until full and effective payment has been made.
    The buyer must take all necessary measures to identify the sold products as our property until full and effective payment is made.
    In the event of total or partial non-payment of an invoice by its due date, the buyer authorizes us to access their premises freely to recover—or have recovered—the unpaid products by any means and without prior formality. Without prejudice to this clause, the risks and custody of the sold products shall be transferred to the buyer in accordance with Article 4.2.
  6. WARRANTY AND LIABILITY
    • 6.1. We offer no warranty regarding the suitability of the products for achieving the objectives set by the buyer, unless said objectives and a set of technical specifications have been previously validated by us in writing.
    • 6.2. In the event of a quality defect in a product duly verified by us, our warranty shall be limited to replacing the defective product or, where replacement is not possible, refunding its price.
      This warranty excludes any compensation for damages—regardless of their nature or cause—incurred by the buyer, their personnel, or third parties as a result of the defect.
      If the warranty period is not specified on the invoice, it shall be two months.
    • 6.3. In the event of a visible product defect or loss noted by the buyer upon receipt, our warranty shall be limited to pursuing the carrier’s liability and shall apply only if the buyer:
      Immediately records precise and complete reservations on the transport document.
      Notifies the carrier of the substantiated reservations via a formal notice or certified letter within three days of receipt.
      Communicates the claim to us within eight days of receipt.
    • 6.5. In the event of delivery by us, any visible defect or discrepancy in quantity relative to the order must be immediately reported by the buyer and shall result in:
      Rejection of the delivery of the defective products; or
      The recording of precise and complete reservations on the delivery note, confirmed by a written claim within eight days for any dispute regarding quantities. Otherwise, the delivery of the products shall be deemed to conform to the order, and no subsequent claim by the buyer shall be accepted.
    • 6.6. In the event of the collection or delivery of a product that is free from defects but differs from the product ordered, our warranty shall be limited to replacing the product with a conforming one. This warranty shall apply only if the buyer returns the non-conforming product in the same condition in which it was delivered and notifies us of the claim within eight days of receipt.
    • 6.7. The warranty excludes products modified by the buyer or third parties, products used for purposes other than those intended, and products used in violation of the manufacturer’s recommendations or instructions for use.
      Where the warranty entails the replacement of products, such products must be returned by the buyer, at their own expense, to our premises in accordance with the “Delivered Duty Paid” (DDP) Incoterm, as in effect at the time of the return.
    • 6.8. We assume no obligation or liability whatsoever for loss of opportunity, use, revenue, or profit, loss of earnings, or any other direct or indirect damages related to any lack of conformity or defect in the products.
    • 6.9. In any event, our liability—where applicable and regardless of the cause, subject matter, or legal basis of the claim (including penalties)—shall be strictly limited to the price of the products in question (excluding taxes) as stated in our invoices.
  7. PRODUCT RETURNS
    The buyer may not return products without our prior written authorization.
    Such authorization may only be granted on an exceptional basis, within a maximum period of two months from the delivery of the products, provided that the products are part of our inventory and are in new condition, within their original packaging.
    Products must be returned to our premises in accordance with the “Delivered Duty Paid” (DDP) Incoterm, in the version in effect at the time of the return.
    Product returns shall be processed at the invoiced purchase price, less a depreciation amount that will be communicated to the buyer in our return authorization. This return shall be effected via a non-refundable credit note.
  8. CONTRACT REVIEW
    If we have reasonable grounds to anticipate payment difficulties on the part of the buyer at the time of the order or subsequently, or if the buyer no longer offers the same guarantees as at the time of order acceptance, we may make the acceptance of the order or the continuation of its performance conditional upon cash payment, a reduction in the granted payment term, or the provision of guarantees satisfactory to us.
  9. CONTRACT TERMINATION
    The sale shall be automatically terminated—without further formality other than a formal notice sent to the buyer that remains unheeded for more than eight days—in the event of non-payment of an installment by the agreed date or failure to fulfill any of the obligations set forth in these General Terms and Conditions of Sale or in the specific terms of sale.
  10. DATA MANAGEMENT
    Information and data concerning the buyer are necessary for managing the order and maintaining a proper business relationship.
    In accordance with applicable regulations, the buyer has the right to access and rectify their personal data. These rights may be exercised by sending a written request to our departments.
    The collection of the requested information is essential for processing, delivering, and invoicing orders. Failure to provide such information may prevent the validation and proper execution of the order. For any written request, the buyer must contact the following address, attaching a form of identification: info@mishkiperu.com.
    In the event of a breach of any of its obligations, this agreement shall be terminated.