Terms and conditions for individual orders

Terms and conditions for individual orders

These general terms and conditions of sale and delivery of goods by MULTIPACK SIA (the “Terms and Conditions”) apply to customers of MULTIPACK SIA (the Buyer) when purchasing products based on individual orders (the Goods) from MULTIPACK SIA, except for the purchase of Goods in the MULTIPACK SIA online store www.mpack.lionssolution.com. Purchases made in the online store www.mpack.lionssolution.com are subject to the Terms of Use of the online store www.mpack.lionssolution.com (available here: https://mpack.lionssolution.com/en/terms-of-use/).

MULTIPACK SIA, registration number 40003216217, VAT registration number LV 40003216217, legal address: “Mālkalni”, Vētras, Mārupes novads, LV-2167, Latvia (Multipack).

1. OFFER, ORDER AND ACCEPTANCE

1. Any order for Goods placed by the Buyer (Order), regardless of whether it is made verbally or in writing, shall be accepted by Multipack’s standard order confirmation (Order Confirmation), which Multipack shall send to the Buyer by e-mail. If the Buyer has placed the Order verbally, then after Multipack has sent the Order Confirmation to the Buyer by email, the Buyer shall send Multipack an acceptance confirmation, confirming that the information specified in the Order Confirmation is correct.

1.2. Delivery of goods – physical delivery of goods to the customer from the Multipack warehouse.

1.3. Order fulfillment – the time required for the procurement, manufacture, or other individual parameters of the goods in accordance with the customer’s agreed specifications or order.

1.4. The order confirmation, which also includes a reference to these Terms and Conditions of Sale, becomes a binding agreement (the Agreement) between Multipack and the Buyer.

1.5. If the Buyer notifies Multipack by e-mail of its objections to the information contained in the Order Confirmation within 1 (one) working day of the date of dispatch of the Order Confirmation, the Agreement shall not be deemed concluded and the Parties may continue negotiations on the content of the Order, clarifying or amending it, or decide not to continue negotiations.

1.6. If the information specified in the Order Confirmation does not cover everything included in the Order, the Contract shall be deemed to have been concluded only in relation to the Order Confirmation.

1.7. Any Multipack Product offer shall be valid for 10 (ten) calendar days from the date on which Multipack sent the offer (Offer) to the Buyer, unless otherwise specified in the Offer. If the Buyer confirms the Offer by e-mail within 10 (ten) calendar days, the Offer, which also includes these Terms and Conditions of Sale, shall be considered a binding agreement between Multipack and the Buyer (also referred to as the Agreement). If Multipack has sent the Buyer an offer with several options or different product specifications that need to be specified, upon receipt of the Buyer’s confirmation of the specific goods and their specifications, Multipack shall prepare and send the Buyer an Order Confirmation in accordance with Clause 1.1 of these Terms and Conditions of Sale.

1.8. If a separate agreement on the sale and delivery of Goods has been signed between Multipack and the Buyer, the provisions of that agreement shall apply during the term of validity of that agreement.

2. PAYMENT PROCEDURE

2.1. Multipack shall send the invoice to the Buyer to the e-mail address specified in the Agreement, unless otherwise agreed. The invoice shall be paid within 3 (three) working days of receipt, unless another payment term is specified in the invoice.

2.2. The Buyer shall choose the method of receipt of the invoice:

2.2.1. electronically. The invoice shall include the following note: This invoice has been prepared electronically and is valid without a signature at the e-mail address of the Buyer’s authorized representative. Multipack shall not be liable if the e-mail address provided by the Buyer does not work when the invoice is delivered. The Buyer is obliged to immediately notify Multipack of any changes to the e-mail address for receiving e-invoices.

2.2.2. in printed form. The invoice shall include the following note: This invoice has been prepared electronically and is valid without a signature. The invoice shall be sent by post to the address specified by the Buyer.

2.3. If the invoice is sent electronically, it shall be deemed to have been received on the next working day after the date of dispatch, but if sent by post, it shall be deemed to have been received on the seventh day after posting.

2.4. For late payment, Multipack shall be entitled to charge interest on the outstanding amount at a rate of 0.5% of the invoice amount for each day of delay, but not exceeding 10%.

2.5. If the Buyer fails to fulfill or improperly fulfills its obligations under the Agreement, Multipack shall be entitled to transfer the right to collect the delayed payment to third parties, including by transferring the Customer’s personal data for processing for debt collection purposes and/or by entering such data in public (debtor) databases.

2.6. If, in the event of non-performance or improper performance of obligations, Multipack has instructed third parties to take debt recovery/collection actions against the Customer, the Customer shall be obliged to cover the collection costs in addition to the debt payment. The Parties agree that the aforementioned collection costs may be collected and recovered directly from the Customer by duly authorised debt collection companies/institutions in accordance with their price list.

3. RECEIPT AND DELIVERY

3.1. When placing an Order, the Buyer may specify the desired method and time of delivery of the Goods. If this is not possible, Multipack will inform the Buyer thereof and indicate the delivery time in the Order confirmation. The delivery time of the Goods shall be counted from the moment the Goods are actually available in Multipack’s warehouse and may vary by +/- 3 working days from the time specified in the Order confirmation. If necessary, the Buyer is obliged to provide Multipack with other information relevant to the performance of the Agreement (for example, if the Goods are to be received by a Third Party, the Buyer shall identify the recipient of the Goods by indicating their name, surname, telephone number and/or address).

3.2. The Goods shall be delivered free of charge at the Multipack store – “Mālkalni”, Vētras, Mārupes novads, LV-2167, Latvia. The Buyer shall collect the Goods within 3 (three) working days after the notification of the availability of the Goods has been sent to the Buyer’s e-mail address.

3.3. The Buyer may choose to receive the Goods by delivery to the address specified by the Buyer, having agreed in advance by telephone on the time of delivery of the Goods.

3.4. If it is expected that delivery will not be possible at the originally specified time, Multipack will contact the Buyer and agree on another delivery time.

3.5. The Buyer or its authorised representative shall sign the delivery document upon receipt of the Goods. If any discrepancies or damage are found upon receipt of the Goods, the representatives of the parties shall draw up a Goods Non-Conformity Report.

3.6. If the Buyer discovers a non-compliance with the Agreement after receiving the Goods, the Buyer shall immediately inform Multipack by e-mail and agree on the return of the Goods to Multipack.

3.7. If the Goods do not comply with the Agreement, Multipack shall agree with the Buyer on a deadline for remedying the deficiencies and shall remedy the deficiencies at its own expense and deliver the Goods free of charge. If it is not possible to remedy the deficiencies, Multipack shall refund the Buyer the price paid for the Goods.

3.8. If the Goods returned by the Buyer as not complying with the Agreement comply with the terms of the Agreement, the Buyer shall bear the costs of redelivery and accept the Goods. If, in such a case, the Buyer does not accept the Goods, Multipack shall not be obliged to refund the price paid for the Goods.

4. STORAGE

4.1. If delivery is not possible due to circumstances beyond Multipack’s control (e.g., the Buyer provides an incorrect delivery address, the Buyer’s authorized representative is not available at the delivery address, it is not possible to contact the Buyer at the specified time, the specified address cannot be accessed, etc.), or if the Buyer delays the receipt of the Goods at Multipack’s office premises, or if the Buyer so requests, the Goods shall be transferred for storage at a location chosen by Multipack. Multipack shall store the Goods in a suitable place and manner, ensuring that the condition of the Goods does not deteriorate during storage and that the Goods retain their quality, unless the deterioration of the condition of the Goods is related to the specific properties or nature of the Goods.

4.2. The Buyer shall be obliged to collect the Goods ordered by the Buyer in a timely manner in accordance with the mutual agreement or in accordance with the confirmed order. If the Buyer fails to collect the Goods within 3 (three) working days or within another period specified in the Order Confirmation, Multipack shall be entitled to charge a storage fee for the Goods in the amount of 0.5% of the value of the Goods for each day of delay, but not more than 10% of the value of the Goods. If the Buyer does not collect the Goods within 30 days, Multipack shall be entitled to dispose of the Goods at its discretion (including destroying them). In such a case, the Buyer shall compensate for all losses caused by the delay, including the cost of the Goods (paying the invoice issued by Multipack for the Goods even if they have already been destroyed) and the storage and/or destruction costs.

4.3. In order to reduce the amount of losses, Multipack has the right to offer the Goods to other buyers before destroying them, except in cases where the Goods are personalized with the Buyer’s identification marks (trademarks, logos, etc.). If the Goods are sold to another buyer, Multipack shall reduce the invoice issued to the Buyer by the amount for which the Goods were sold to another buyer (price of the Goods, transportation costs, etc.). The Buyer shall not be entitled to object to or make any claims regarding the amount of the discount or the terms of sale offered by Multipack to another buyer for the Goods.

5. SAFETY STOCK

5.1. In order to reduce delivery times, manage risks, ensure product availability and simplify the ordering process, the Parties may agree to establish safety reserve stocks (Reserves). Reserves shall be established and regularly updated in the quantities agreed by the Parties by mutual exchange of e-mails or as notified by Multipack to the Buyer after assessing the Buyer’s previous consumption of the Goods or the Buyer’s forecasts of consumption of the Goods. In any case, the amount of Reserves shall not exceed the average consumption for 3 months or the MOQ (minimum order quantity) agreed separately by the Parties by e-mail.

5.2. The Buyer shall assume full responsibility for the agreed Reserve quantity and shall reimburse Multipack for the cost of the remaining Reserve quantity if it is no longer needed or the contractual relationship between the Parties is terminated, or in any other case where the Reserve Stock becomes unusable or Multipack has declared it as such. The Buyer shall also be responsible for surplus stocks if the minimum order quantity (“MOQ, including manufacturing deviations”) exceeds the reserve stock quantity. In such a case, Multipack shall inform the Buyer within a reasonable period of time, and the Buyer shall make payment to Multipack within 30 days of receipt of the relevant invoice, unless another payment term is specified in the invoice.

5.3. If a specific product covered by the Reserve Stock is not consumed within 3 months or the delivery volumes are significantly lower than expected, Multipack shall unilaterally review the quantities of the Reserve Stock so that they correspond to the actual average delivery quantities over the last 3 months. In such a case, the Buyer shall reimburse Multipack for the value of the unpaid Reserve Stock by repurchasing it, and the Buyer shall organize and receive delivery of the difference in stock within one month of Multipack’s notification. In this case, Multipack’s notification shall be accompanied by the relevant delivery note invoice for the excess Reserve Stock.

5.4. The Buyer undertakes:

share quarterly, semi-annual and/or annual demand forecasts for any product supplied by Multipack, if necessary to ensure the Reserve Stock. inform Multipack of any planned changes in demand; in such cases, the quantities of the Reserve Stock shall be revised accordingly and confirmed by both parties by e-mail.

notify Multipack when the replenishment of the Reserve Stock is to be terminated. Upon such notification, the Buyer shall be obliged to purchase all remaining Reserve Stock, including stock in the production or delivery phase.

to purchase the surplus if the MOQ exceeds the Buyer’s purchase order coverage;

pay a late payment fee of 0.5% of the invoice amount per day, but not more than 10% of the relevant invoice amount in total, if the Buyer fails to collect the Goods or pay the invoice in due time.

5.5. The quantities of reserve stocks may not be changed, amended or modified without the mutual consent of both Parties, except in the case referred to in clause 5.3 of these Terms and Conditions. Amendments shall be mutually confirmed by e-mail.

5.6. If the circumstances that were the basis for creating the Reserves change, or Multipack informs that the Reserves will no longer be created, Multipack shall inform the Buyer of the remaining quantity of Reserves and issue an invoice to the Buyer for the purchase of the surplus Reserves. Unless Multipack has specified a longer period in its notification, the Buyer must take over the surplus Reserves from Multipack no later than within 30 days. If the Buyer fails to collect the surplus Reserves within 30 days, Multipack shall be entitled to dispose of the surplus Reserves in accordance with the procedure set out in clauses 4.2. – 4.3. of these Terms and Conditions of Sale.

6. FINAL PROVISIONS

6.1. The Agreement shall be governed by the laws of the Republic of Latvia. All disputes arising from the Agreement shall be settled through mutual negotiations. If this is not possible, the dispute shall be referred to the competent court of the Republic of Latvia.

6.2. The Agreement shall remain in force until the parties have fulfilled all their obligations.

6.3. In the event of force majeure, i.e., circumstances that prevent the performance of the obligations under the Agreement and are beyond the control of the parties, the party invoking such circumstances shall immediately notify the other party by e-mail of the occurrence of such circumstances.The Parties may unilaterally terminate the Agreement by sending a written notice to the other Party if the performance of the Agreement is not possible for more than 1 (one) month. The Party shall also inform the other Party by e-mail of the termination of the force majeure circumstances.

6.4. Data processing within the framework of the Agreement shall be carried out in accordance with the provisions of the General Data Protection Regulation. Multipack shall be considered the data controller within the framework of the Agreement.

6.5. The Buyer confirms that by placing this order with the Seller, no intellectual property rights of third parties are infringed, including, but not limited to, copyrights, patent rights, rights arising from trademarks or designs, and other intellectual property rights. In the event that the Seller receives claims or demands from third parties in connection with the infringement or violation of their rights arising from the performance of the order, the Buyer shall be liable to third parties, ensure the elimination of the infringement and/or violation, as well as cover all expenses incurred by third parties and the Seller in connection with material or non-material damage, including, but not limited to, losses and litigation costs.