Terms of sale

Acceptance of the goods implies conformity with the following terms of sale:

 

A) PRICING CONDITIONS

–     The VAT (21%), as well as any other taxes, fees, and official charges, are not included in the prices of this rate and will be invoiced separately.

–      The prices shown in the rate are per unit of packaging and may be altered without prior notice, being subject to variations in product costs. This rate will prevail over any other rates provided prior to this document and supersedes the previous ones.

–      Palletization:

–      Special orders for products or shades different from our standard colors detailed in this rate can be made. The price will be quoted on a case-by-case basis, and the manufactured quantity may fluctuate, due to adjustment needs, by ±10%. The customer accepts the resulting quantity from the production. Returns of these products will not be accepted.

B) DELIVERY, RETENTION OF TITLE, AND TRANSPORTATION

–      The seller’s address (hereinafter referred to as the “Company”) is the place of fulfillment of the payment obligation.

–      The delivery of goods does not imply the transfer of ownership to the buyer until full payment is made. Therefore, until the Company has received full payment for the products as established in this document, the buyer will keep the products as the Company’s trustee.
–      The goods will be sent by the usual means arranged by the Company. A fixed fee of €9.95 per delivery note will be charged for orders sent by a transportation agency if the amount is less than €300 net.

C) RECEIPT OF PRODUCTS

–      The buyer must inspect the goods upon receipt. Any apparent defect or shortage of materials must be reported at the time of delivery and noted in writing on the corresponding transport document. If non-apparent defects are reported, the complaint must be made in writing within 48 hours of receipt of the goods, ensuring that the products in question are available for inspection by the Company’s representative.
–      The affected products must not be processed or disposed of until the Company has had the opportunity to inspect or test them. If no defect is found in the products, the inspection costs incurred by the Company will be borne by the buyer.

D) RETURNS

–      Only returns previously agreed upon with the Company’s sales manager will be accepted, provided the goods are in their original sealed packaging and have not expired.
–      Special products or non-standardized colors will not be eligible for return under any circumstances.

G) PRODUCT QUALITY

–      The Company fully guarantees the quality of the supplied products. Proper application, appropriate use, variations in working conditions, etc., are entirely beyond our control, and therefore, the customer is responsible for any incorrect application or use or any other circumstance beyond the Company’s control.

H) LIABILITY

–      In accordance with the previous paragraph and without prejudice to any applicable mandatory laws, the Company will not be liable for any indirect damages or losses (whether due to lost profits, business loss, loss of clientele, or any other reason), costs, third-party claims, and other indirect compensation claims (regardless of their cause) arising from any contract signed by the buyer with third parties and/or from the incorrect use of the products.
–      In any case, the Company does not extend its liability beyond the value of the supplied product.

I) APPLICABLE LAW AND JURISDICTION

–      This contract will be governed by the provisions of Spanish law. In the event of a dispute, the parties expressly submit to the courts of San Sebastián and their hierarchical superiors, expressly waiving their own jurisdictions and domiciles.

 

Rate valid except for typographical errors

February 2024

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