Quotations
If the Seller provides the Buyer with a quote for one or more Products, the quote is valid for 30 days from its issuance unless the Seller expressly states otherwise. However, it is imperative to note that the quote becomes binding once the Seller accepts an order following the condition. All orders placed by the Buyer, whether through the Seller’s Website or other means, are considered an offer by the Buyer to purchase the specified Products under the terms and conditions outlined herein. Each order must specify the quantity and type of Products requested. The Seller’s acceptance of an order, and thus the establishment of a binding agreement, occurs at the earliest of the following events:
– Upon the Seller dispatching a Notice of Acceptance to the Buyer, and
– Upon the Seller dispatching the Products to the Buyer. However, acceptance will only occur if the Seller has accurately quoted or mis-referenced the Price of the Products for the given order.
– applies exclusively if the Buyer is classified as a professional client. Once an order has been officially accepted, the Buyer can cancel, modify, or suspend it by obtaining express written consent from the Seller. As a consumer, you possess the legal right to cancel the Contract within 45 days of issuing the order,
known as the “withdrawal period.” This right allows you to cancel the Contract and receive a refund if
you change your mind or decide not to keep a Product during this period (restocking fees will be applied:
a product needs to be in the proper package and good condition). However, please be aware that this
right of cancellation does not extend to custom or personalized products or products made to your
specifications.
Price
– The Price of the Products will be as stated in the quotation, or if no quotation is provided, the Price listed in the Catalog at the time the order is accepted (referred to as the “Price”). The Price includes standard packaging as per the Seller’s standard practice. However, if the Buyer requests any changes to the limitations on liability outlined in these Conditions, the Seller will notify the Buyer of any additional costs that may apply.
– The Seller will make reasonable efforts to ensure accurate prices are stated in the quotations and the Catalog. Nevertheless, the Seller reserves the right to increase the Price before accepting an order to reflect any increase in costs incurred due to factors such as those listed in this condition.
Any changes to Prices will be communicated to the Buyer before the order is accepted.
Condition 1
– Applies exclusively to professional clients. Unless otherwise specified in the Acceptance Notice, the Price will be in Canadian or USD currency. It will not include taxes, duties, or additional expenses such as non-standard packaging, transportation, or insurance, which the Buyer must. pay separately. In cases where the Seller covers transportation or other costs on behalf of the Buyer, the Seller reserves the right to invoice these expenses immediately.
Condition 2
– Applies only to consumers. Unless otherwise stated in the Acceptance Notice, the Price is in Canadian or USD dollars and excludes taxes or duties. Therefore, it will be added to the Price,
payable by the Buyer at the applicable rate at the time of payment. Additional costs like nonstandard packaging, transportation, or insurance, if appropriate, will also be borne by the Buyer and specified before order acceptance. The Seller retains the right to invoice transportation or other expenses incurred on behalf of the Buyer.
Payments
The Seller reserves the discretion to issue an invoice to the Buyer in advance for the Price or
any other amounts. If the Buyer opts for prepayment, the Seller may withhold Product delivery until payment is received.
– Unless specified otherwise in the Acceptance Notice, the Buyer must settle the Seller’s Invoice Payment within 30 calendar days from the invoice date, regardless of whether Product delivery has occurred. Unless expressly agreed otherwise, payment should be made in the same currency as the Price. Timely payment is crucial, and funds must be received in cash or readily available funds to be considered received by the Seller.
– Payment methods accepted include credit or debit card (Visa and MasterCard), bank transfer to the Seller’s designated account, or a euro-denominated bank check payable at a Spanish bank.
– Should the Buyer seek credit with the Seller, they must furnish all requested information and references, subject to the Seller’s discretion to investigate with credit reference agencies. The Seller retains the right to approve, reject, suspend, or alter credit limits at their discretion.
– If payment is delayed, interest will accrue on the outstanding amount at the rate determined by the Ministry of Economy, which applies to professional clients.
– Failure to adhere to payment terms grants the Seller various rights including, but not limited
to, terminating the Contract, deducting outstanding amounts from sums owed to the Buyer, charging for storage costs, suspending further deliveries, reselling undelivered Products, or retaining paid amounts as security.
Delivery
By default, the sale of Products operates under “Ex Works” terms, meaning shipping arrangements in which the Seller is only required to deliver goods at a predetermined location, and the Buyer bears responsibility for shipping costs. (transport, insurance, customs, etc.) and risks of damage or loss of the Products are the Buyer’s responsibility.
This involves depositing the Products at the Seller’s premises and notifying the Buyer or their appointed carrier through direct communication or other means. If notification is not through written means, the Seller presumes notification after 15 calendar days from the estimated delivery date without the Buyer or their carrier retrieving the Products.
– The Seller needs to commit to firm delivery dates. Any delivery dates provided are estimates made in good faith to facilitate the commercial relationship. Efforts will be made to deliver within 30 calendar days.
– While the Seller endeavours to meet specified delivery dates, they are not liable for any expenses, losses, or damages resulting from delivery delays.
– The Seller notifies the Buyer when Products are ready for collection. The Buyer must collect the Products promptly upon notification. Failure to collect within 30 calendar days allows the Seller to
terminate the Contract, dispose of the Products, and seek damages. Storage costs become the Buyer’s responsibility.
– The Seller may choose to deliver an order in one or multiple shipments, and no recourse is available for claims based on this.
– Early delivery of Products is possible.
– The Seller is not liable for delivery delays and may deliver up to 10% more or less than the ordered quantity, which the Buyer must accept and pay for accordingly. The Seller’s recorded quantity upon departure is conclusive proof unless the Buyer provides compelling evidence otherwise.
– The Seller is only liable for losses due to delivery failure if the Buyer notifies them in writing within ten business days of the estimated delivery or actual delivery date, by condition 12. If established, liability is limited to the replacement cost of undelivered Products or the applicable Price.
– If the Buyer fails to take delivery or provide instructions by the stated time, the Seller may store the Products at the Buyer’s expense or sell them after a specified period, compensating the Buyer for
any price difference.
– Each delivery installment constitutes a separate obligation, and failure in one doesn’t invalidate the entire Contract.
– If the Buyer orders incorrectly and wishes to return Products, they must pay the Seller’s standard
handling and restocking charge if agreed upon by the Seller, assuming all associated risks.
Product Quality
The Seller assures that, upon delivery, all Products will meet satisfactory quality standards. A Product is deemed of sufficient quality if:
– In the case of a sale by Sample, it aligns with the Sample in all crucial aspects (with allowances for any specified tolerances or variations reflected in Specifications or guidance notes provided by the
Seller regarding the Sample, as confirmed applicable to the Contract); or 33-In all other instances, it complies with its Specifications in all crucial aspects. The warranty in condition applies only if:
– The Buyer notifies the Seller in writing of any defects apparent upon inspection within 30 days of Product delivery, detailing the breach of warranty; or non-apparent defects, the Buyer notifies the Seller within 14 days of discovery, and in any case, within 6 months of Product delivery. Upon notification, the Seller must be given a reasonable opportunity to inspect the Products and, upon request (reasonably made), the Products must be returned to the Seller’s business address (at Buyer’s risk) for inspection; and the Buyer has paid the total Product price. The Seller is not liable for warranty breaches if:
– The Product meets its Specifications, or Sample where applicable, in all crucial aspects (with regard to Sample sales, accounting for any specified tolerances or variations in Specifications or guidance notes provided by the Seller regarding the Sample, confirmed applicable to the Contract);
The breach results from Buyer’s breach of these Conditions; The breach arises from actions or omissions of unauthorized persons, including repairs, additions, or modifications made by Buyer;
The non-compliance arises from parts, materials, or equipment not manufactured by the Seller, in which case, Buyer’s recourse is limited to warranties extended to Seller by the manufacturer, if transferable (with Buyer bearing associated costs).
– Buyer continues using or reselling Products after defect notification or fails to comply with Seller’s maintenance or removal instructions; or The non-compliance results from environmental conditions, misuse, storage, or handling not in line with Specifications or Seller’s instructions, or expressly excluded matters as notified by Seller in writing, including negligence, mishandling, vandalism, or unforeseen circumstances.
– The Seller’s sole liability for quality-related claims and conditions applies only to consumers/ Buyers.
– The warranty in condition 11.1 and any applicable quality warranties, standards, or conditions
complement the Buyer’s legal rights concerning defective or misdescribed Products.
– The Buyer must follow the Seller’s reasonable instructions regarding Product recalls, maintenance campaigns, or corrective actions after delivery.
Specifications, Samples, and References
All designs, Specifications, and promotional material provided by the Seller, along with any descriptions, details, or illustrations in the Catalog, are intended solely to give the Buyer an approximate understanding of the Products described therein. Unless expressly stated otherwise in these Conditions, they do not constitute part of the Contract, and the Buyer should not rely on them exclusively.
– The Seller reserves the right to rectify any omissions, typographical errors, administrative oversights, or other inaccuracies in the Catalog, quotations, price lists, Acceptance Notices, labels, packaging, invoices, or any other documents or information provided without assuming liability towards the Buyer. Corrections may be made publicly or by notification on the Seller’s Website or in writing to the Buyer, and upon such correction, it will be immediately binding on the Buyer.
– Unless mandated by law, a Contract does not automatically imply: 4.3.1 a sale by Sample, even if samples have been provided unless explicitly stated as such in the Acceptance Notice by the Seller: or 4.3.2 a sale by description, even if a description has been provided.