General conditions of sale and delivery.
The delivery of the product and its acceptance by the customer shall be governed by the following general terms and conditions, which shall prevail even in the event of contradiction with the provisions of the existing contract between the parties:
1st check of the delivered product.
I) The customer declares that he has been informed about the terms of the guarantee, technical characteristics and specifications of the supplied product established by the manufacturer.
II) The customer is responsible for checking and verifying at the time of delivery that the product corresponds, both in quantity and quality, to that stated on the order form and delivery note.
III) The customer declares that he has been informed about the assembly and installation instructions of the supplied product, which must be strictly followed by the customer when handling the products. Improper use or installation of the products shall exempt the supplier from any liability in respect thereof.
2º. Delivery of the product.
I) The products are understood to have been delivered to our warehouses, and our responsibility for them ceases from the moment we place them at the disposal of the transport company.
In the event that the product is delivered to the construction site or to a place designated by the client, it will be delivered by truck to the construction site, that is to say, to the closest place to the construction site to which the transport vehicle can have access.
II) The customer shall sign the delivery note of the product, either personally, through a representative, employee or by the person who is at the place designated on this delivery note at the time of delivery.
III) By signing the delivery note, the customer accepts the delivery items to the full satisfaction of the customer and waives any claims or complaints regarding the quantity and condition of the delivered goods.
IV) The Supplier retains title to the goods until payment in full. In the event that the purchaser fails to meet his essential payment obligation on the due date, the supplier may choose between claiming the price plus statutory interest or terminating the contract without the need for a judicial declaration. In this case, the client authorises the supplier to freely access the place where the products are stored and to remove those that are recoverable, being able in any case to claim compensation for the damages caused, plus the price corresponding to the goods not recovered increased by 20%.
3º. Condition of the signatory of the delivery note.
The signatory of the delivery note declares to be the person responsible designated by the customer for the reception of the products, and his acceptance of the General Conditions set out in this document constitutes a declaration equivalent to that of the customer.
4º. Information and responsibility.
The supplier limits its liability to the guarantee established by the manufacturer for its products. It will be the manufacturer who will be liable for possible defects of the same, in accordance with the terms of the guarantee established for this purpose. The supplier shall not be liable for claims relating to the product already installed on site, except for those arising from hidden defects in the material that could not be detected before being installed on site. In the latter case, the manufacturer shall be liable. The client may verify through the manufacturer the terms of the guarantee, the technical characteristics and specifications of the product supplied, as well as the procedures and information necessary to proceed with the corresponding claim.
5º. Quantity of product supplied.
I) The quantities of product supplied are subject to variation depending on the manufacturer's packaging.
II) The supplier is not liable for shortages or shortages of delivered products as a result of inaccurate measurements. Measurements are the responsibility of the Purchaser. If, as a result of a measurement error on the part of the purchaser, material is missing, the supplier does not guarantee the delivery of the missing material or the matching of material shades and sizes.
6º. Product returns.
The supplier does not accept returns of delivered products.
7º. Method of payment.
The customer may pay the price of the products purchased according to the conditions agreed with the supplier.
8º. Variations of tonality and calibre.
I) The shades and sizes of floor and wall tiles may vary from the original exhibition sample and are purely indicative.
II) It is the responsibility of the customer and/or the installer not to mix different types of shades and gauges.
9º. Protection of personal data.
In accordance with article 5 and following articles of the Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), the supplier informs the customer:
I) The customer's personal data are included in an automated data processing file, the purpose of which is to manage the commercial relationship.
II) The customer's personal data will only be communicated to a third party in the terms provided for in article 11.2 of the aforementioned law, i.e. when authorised by law, when it is for the development and fulfilment of the contract or when it is intended for the Ombudsman, the Public Prosecutor's Office, Judges or Courts or the Court of Auditors.
III) The client will be able to exercise the rights of access, rectification, cancellation and opposition before the person in charge of the treatment, which is the company Suministros Ibiza de Inversiones y Corporación, S.L. with address at Avenida Bartolomé Roselló, 18.
IV) The file containing the supplier's personal data complies with all the security measures required by law and is registered with the Data Protection Agency.
.
10º. Applicable jurisdiction.
The Parties agree to submit any litigation resulting from the execution, validity, existence, scope, content, suspension, termination or interpretation of this contract to the courts and tribunals of the city of Ibiza, expressly waiving their own jurisdiction, if any other jurisdiction should correspond to them.