These general sales conditions are considered accepted unreservedly by the purchaser. Also, the present general conditions of sale shall apply priority over the General conditions of the purchaser.
The seller reserves the right to update and/or modify the content of the present general conditions of sale at any time without notice, so it is recommended to the purchaser its periodic verification.
1 choice of product
The buyer is solely responsible for the choice of the product sales, as well as the use or function for which it is intended. Accordingly, and in keeping with in their catalogues, fees or general information about the product, the seller is not responsible for nor warrants that the product is suitable for technical applications alleged by the buyer, to reach, in whole or in part, the objectives envisaged by this at the time of your purchase of the products.
2. transfer of risks
Unless the terms of the Bill indicate otherwise, the risk is transferred to the purchaser at the time of the arrival of the goods to the destination indicated by him for the delivery or at the time that they are made available one on the premises of the seller for pickup by party or by the purchaser. The risk is transferred even if the buyer decides to delay collection.
The possible claims against the carrier, in the case that observed the arrival of the goods, or by differences in the amount, well by taras due to transport must be:
- be immediately in the same delivery documents that are in the possession of the carrier.
- to be confirmed to the carrier by registered letter with acknowledgement of receipt in the three working days following the date of delivery.
3. delivery times
Delivery time and delivery deadlines will be counted from the acceptance of the order and are purely indicative. The buyer is not entitled to any compensation for any delays in delivery.
In the event that the collection of the goods lies to the purchaser and this do not pick up after making it available, the seller is entitled to store the goods or, after appeal to the purchaser, proceed to delivery or compensatory sales by account and risk of this. In the case of successive deliveries, if the buyer insists not to collect the goods, seller may terminate the contract thus cancelling that part of the backorder service.
The internal causes of the seller involving a stoppage, a suspension or a transient reduction in production, are entitled to extensions by equivalent to its duration, but may not be invoked by the parties as a cause of cancellation of the orders, except in cases of force majeure.
In case of having selected product stock, national and Peninsular deadlines vary and from 2 to 5 business days for international orders 5-15 business days.
4. force majeure
In cases of force majeure which hinder the manufacture or delivery of the goods, seller shall have the right to delay it, and if that causes them to persist for more than one month, to cancel orders, without obligation for compensation in any case. They are considered as assumptions of force major, among others, strikes, lack of transportation, accidents in factories, fires and, in general, any cause independent of the will of the seller.
Only complaints received by email, letter or fax will be accepted. The period for claim shall:
- five days from the arrival of the goods to the destination indicated by the buyer, in case of non compliance patent between the delivery and the order in terms of quality or quantity.
- prior to use and as very late, within the ten days following the arrival of the goods to the destination indicated by the buyer, if the defect or irregularity can not be detected through a simple examination or verification elementary.
- without delay and at the latest within six months of the arrival of the goods at their destination, in cases in which the defect or irregularity only can be detected by resorting to an in-depth examination, a test or the normal entry in goods machine purchased.
After notified a claim within the appropriate period, the transformation of the goods object of the claim can only be performed with the consent of the seller.
The already transformed part of the delivered goods may not be subject of a complaint. In any case, at least 90% of the amount of paper object of the claim must be available, intact and perfectly identifiable. The finding of a defect that affects only a part of the delivered goods, does not entitle the buyer to not fulfill its obligation to pay within the time all of the merchandise, nor to reject completely the same.
6. price and payment
Prices do not include taxes that you apply at all times in accordance with the tax legislation.
Except written agreement of the parties in another sense:
- the goods are invoiced at the price of the day of the delivery rate and can be modified at any time without notice.
- prices contained in the tariff are before taxes and are limited to quantities available in stock at the time of receipt of the order.
- the cash payment will take place upon receipt of the goods.
- the place of payment in cash shall be the domicile of the seller.
- Does not apply the discount payment orders that are paid by credit card.
6.1 term of payment
The rate prices are intended for cash payments. In case of payment by instalments, non-payment of a single deadline by contract will involve the early maturity of all debt.
In addition, in the case of staggered deliveries and payments, non-payment of a delivery entails that the seller has the right of retention on future deliveries.
In these cases of instalments, the renunciation of the first payment made by the buyer not empowers you retract your order. However, in the event of cancellation of the order for personal reasons, any payment effected is owned by the seller as compensation for damages caused.
The Declaration of insolvency or the judicial or extrajudicial liquidation of the buyer or, in general, any modification of the legal status that affects its solvency, will imply that the seller can demand immediately all credits for all goods delivered and not paid by the buyer.
6.2 delays in payment and buyer credit deterioration
Non-payment of an invoice on its due date, will involve interest at the legal rate applicable to commercial debts interest published in the official bulletin of the State.
In the event of non-payment of the buyer remains eight days after being formally required payment by the seller, this may require immediate payment of all invoices not expired, as well as the advance payment not made to date and confirmed orders for deliveries.
In the case of deterioration of the credit the purchaser and/or their creditworthiness, and delays in payment, the seller may also require the provision of a guarantee of real or personal, or require payment in advance of orders. In any case, if it's paper orders that have to be made, seller may subject the implementation in March or execution of these orders to the provision of a guarantee, real or personal or, failing that, to the payment in advance of the goods.
The breach by the purchaser for the above provisions give the seller the right to renounce the order and to terminate the contract and to claim damages.
6.3 terms discount
In case of payments in dates prior to those resulting from the application of the conditions that have been previously and expressly agreed with the seller, the applicable discount rate will be at least equivalent to the legal interest of money published in the Official Gazette the day of payment.
7. environmental management of packaging and packaging waste
The final holder in Spain of the residue container or container used, is responsible for its delivery to a correct environmental management, in accordance with law 11/1997, the Royal Decree 782/1998, the Royal Decree 252/2006 and related legislation. The final holder in any other Member State of the European Union's waste containers or used container is responsible for correct environmental management in accordance with the directives 1994/62 EEC 20 December and 2004/12 EEC of February 11 and applicable state regulations.
8 retention of title
The seller reserves the right to full ownership of goods sold up to full and effective payment by the buyer of the price and invoiced amounts.
The buyer is obliged to inform the seller about all the measures taken by third parties affecting the goods as long as they are owned by the seller. Also, the buyer undertakes to designate the seller as a beneficiary of the corresponding insurance policies with respect to the goods on which there is reservation of domain.
The purchaser may transform or resell such goods in the context of a normal commercial management. The transformation of the goods subject to this retention of title does not transfer property of the same to the purchaser. In the case that at the time the transformation to incorporate also other products not belonging to the buyer, this implies the existence of a co-ownership of the new thing, in which participates the seller to the extent of the value of the goods on which there is a retention of title.
The buyer gives the seller appropriations resulting from the resale of the goods processed or not submitted in whole or in part to the retention of title. At the request of the seller, the buyer must notify this assignment their own buyers.
The amount of the appropriations transferred and charged by the seller in such cases shall apply, first, to the payment of the agreed interest on arrears and conventional sanctions agreed. The remaining quantities, where appropriate shall apply to the amount of the invoices.
Also, remember that partial payments will not be an obstacle to eventual reivindicatoria action of the seller based on the agreed retention of title.
Seller can resolve the sale and recover the goods processed or not, subject to this clause of reservation of title, in the event of any of the cases referred to in these general conditions of sale payments clause. In the event that the seller to recover the goods once they have been transformed by the buyer and sold to a third party, it must be returned to the buyer the difference of the price of sale of the goods before and after processing.
Se acuerda que el Comprador no podrá, bajo sanción de una reclamación por daños y perjuicios por resistencia abusiva, sustraerse a la restitución de las mercancías al primer requerimiento presentado por el Vendedor en aplicación de esta reserva de dominio. En caso de desacuerdo en cuanto al modo de restitución de las mercancías, la misma se solicitará judicialmente ante los Tribunales de la ciudad de Murcia, los del domicilio del Comprador o de aquellos en que se encuentren las mercancías, a elección del Vendedor.
The goods thus recovered will be subject to examination to determine its value and shall apply for payment of outstanding debts, including interest, plus all costs that the recovery of the goods carry with them, even their appraisal, and without prejudice to any damages and damages that could be caused by the purchaser in respect of the repair of the injury suffered by the seller because of the resolution of the sale for non-payment of the price.
9 penal clause
In the case of non-payment on maturity of the corresponding invoices and after that the claim by the seller to the purchaser has been unsuccessful, the purchaser shall, in addition to the principal amount of the debt, the interests of delay agreed and referred to above, pay the seller in respect of the criminal clause an amount corresponding to 15% of the sums due.
10. competent court
Las partes acuerdan mutuamente que todo litigio, independiente de su naturaleza, relativo a la presente venta, su cumplimiento, ejecución e interpretación será de la competencia exclusiva de los Tribunales del lugar del domicilio social del Vendedor, es decir, la ciudad de Murcia.