1. PURPOSE AND GENERAL PROVISIONS.

The Terms and Conditions of sale detailed below govern the contractual relationships between the parties.

Persons wishing to purchase or contract products or services must hold Customer status, which is acquired by providing the required data and accepting these Terms and Conditions, as well as following the steps that ARTESANÍA CERDÁ, S.L. subsequently communicates.

Every Customer must be over 18 years of age with sufficient legal capacity to enter into contracts.

These Terms and Conditions are the only ones applicable to the purchase of products or services, both through conventional channels and through the Website, and supersede any other conditions, unless agreed in writing between ARTESANÍA CERDÁ, S.L. and the Customer in accordance with the Special Conditions. Consequently, Customers accept to be subject to and bound by the Terms and Conditions as written.

2. ORDERS, PURCHASE PROCEDURE AND MODALITIES.

The purchase of products and contracting of services by the Customer may be formalised by the following means:

• Web or Commercial Agent.
• Email, telephone or Fax (subsequent confirmation by email or signature required in the case of a telephone or fax order).

In any case, only orders placed by the Customer will be processed when the Customer is up to date with payments.

Otherwise, orders will remain pending the relevant regularisation, without reserving goods until that moment.

Pre-orders with advance payment will reserve goods until the agreed delivery date. Should the agreed date arrive and payment not be made, the goods will be released 15 days after said date, subject to prior notification by email to the customer.

3. PRICE AND MANAGEMENT AND SHIPPING SERVICES.

The price and minimum purchase quantity of each item are those indicated on the website www.cerdagroup.com or in the official Cerdá price lists. In the case of export, the minimum quantity is that marked as Outer.

The prices indicated both on the website and in the official price lists do not include management and shipping services, which will vary in each case. Such prices also do not include Value Added Tax (VAT), or any other tax that may be applicable.

Purchases to be delivered within the territory of any of the Member States of the European Union (except Spain) will be exempt from VAT, except for those not registered as intra-Community operators. Purchases to be delivered to territories of non-EU member states, the Canary Islands, Ceuta or Melilla will be exempt from VAT, without prejudice to any applicable tax.

Shipments with a value exceeding 350 euros, excluding VAT, include the corresponding amount for management and shipping services to any point in Spain, except the Canary Islands, Ceuta and Melilla.

All shipments to the Canary Islands will be considered by default under Incoterm CIF regardless of what is stated below regarding minimum orders.

For the different territories, the minimum order required for processing and the various management and shipping service costs depending on the amounts purchased are shown below:

Countries by Area

Minimum purchase for your order to be prepared

Logistics costs

Logistics cost if the free shipping threshold is not reached

Orders with Ex_Works conditions will not include management and shipping costs and will be negotiated in each case with the agent assigned to your account. If the service condition is Ex_Works, our customer service team will contact you for subsequent management and collection of the goods. If we do not receive a response from you within a maximum of 3 days, the goods will be sent to the destination including the corresponding management and shipping costs indicated by your agent.

The Customer may accumulate several orders in a single shipment to benefit from the different management and shipping service rates and/or Customs clearance.

ARTESANÍA CERDÁ, S.L. reserves the right to modify the rates for management and shipping services at any time. In any case, the aforementioned prices are valid until the end of the subscription year and acceptance of these General Terms and Conditions, with those published on the Website and price lists applying in subsequent years.

4. PAYMENT METHODS.

The Customer may choose from the following payment methods:

• Advance payment (bank transfer before shipment, to the bank account indicated by Cerdá).
• If agreed in the Special Conditions of each customer:
• A single bank draft with deferred payment.
• Two/three bank drafts, with two/three deferred payment dates, splitting the amount of each shipment.
• The maximum period will be 90 days.

In no case may invoices for shipments with a value of less than 350 euros be split.

In any case, the draft will be calculated from the invoice date.

Non-payment of any instalment will trigger the early maturity of any outstanding deferred payment, and ARTESANÍA CERDÁ, S.L. may demand the full amount of all outstanding amounts by any means it deems appropriate. In addition, the corresponding late payment interest will accrue, in accordance with the provisions of Law 15/2010 of 15 July, in relation to Law 3/2004 of 29 December.

The advance payment discount, and the minimum invoice amount that cannot be split, are valid until the end of the subscription year and acceptance of these general terms and conditions, with those published on the website applying in subsequent years.

Payment of the price and management and shipping services for the products ordered by the Customer will be confirmed via an email from ARTESANÍA CERDÁ, S.L. at the time of order confirmation (sending of the proforma). Said email acts as an acknowledgement of receipt and confirmation of the requested purchase.

However, in certain cases, ARTESANÍA CERDÁ, S.L. reserves the right to request a specific payment method if the identifying details of the product purchaser cannot be reliably verified.

5. SERVICE PROVISION / PRODUCT DELIVERY.

From the moment of delivery of the products, the risks of loss and deterioration thereof, as well as any damage caused, shall be borne by the Customer.

ARTESANÍA CERDÁ, S.L. undertakes to deliver the product in perfect condition to the address indicated by the Customer. In order to optimise the delivery process, the address provided by the Customer must be one at which delivery can take place during normal working hours.

ARTESANÍA CERDÁ, S.L. will not be liable for errors or damages caused in delivery when the delivery address entered by the Customer does not correspond to the delivery location specified by the Customer.

ARTESANÍA CERDÁ, S.L. will only be liable for errors or damages caused in delivery when the delivery does not conform to the agreed general or special conditions.

ARTESANÍA CERDÁ, S.L. may deliver the same product order in several deliveries on different dates.

At the time of order delivery, the Customer must present their identification document, sign the delivery note and request a copy thereof from the carrier.

Delivery is considered to have taken place from the moment the product has been made available to the Customer at the delivery location indicated by the Customer in the Special Conditions.

The risk of the products (including, among others, loss, damage or theft) will be transferred to the Customer from the moment the product order has been made available to the Customer in accordance with the provisions of these Terms and Conditions.

6. AVAILABILITY.

ARTESANÍA CERDÁ, S.L. does not guarantee to its Customers the availability of the products offered on the website or in its catalogues, except for those products for which a specific guarantee or availability is expressly stated.

7. DISCLAIMERS / LIMITATION OF LIABILITY.

ARTESANÍA CERDÁ, S.L. makes every effort within its means to provide the information contained on the Website, Catalogues and Price Lists truthfully and free of typographical errors. Should any such error occur at any time, entirely contrary to the wishes of ARTESANÍA CERDÁ, S.L., it would be corrected immediately. If there is a typographical error in any of the prices displayed and a Customer has made a purchasing decision based on that error, ARTESANÍA CERDÁ, S.L. will notify the Customer of said error and the customer will have the right to rescind their purchase at no cost to them.

The products presented by ARTESANÍA CERDÁ, S.L. are sold subject to available stock.

ARTESANÍA CERDÁ, S.L. publishes the basic characteristics of its products with the greatest possible accuracy, primarily through technical descriptions and photographs and/or videos of the products, all in accordance with the technique and respecting the best market standards. Nevertheless, we cannot guarantee the exact representation of our products on the Website and/or Catalogues, particularly as a result of colour differences caused by Internet browser software and/or display monitors, as well as traditional printing. ARTESANÍA CERDÁ, S.L. cannot be held responsible for the inaccuracy of the photographs appearing on the Website or in its catalogues.

8. RETURNS.

In accordance with the provisions of art. 336 of the Commercial Code, claims for defects in the quantity or quality of goods exercised more than four (4) days after receipt of the goods will not be accepted, unless the damage is due to fortuitous circumstances, an inherent defect of the goods or fraud.

For defects in the goods sold, the provisions of art. 342 of the Commercial Code shall apply, which stipulates that the claim period is thirty (30) days from the delivery of the product sold, or failing that, as agreed between the parties.

If the damage was caused by the Transport Agency, the carrier will be liable, and the Customer must note this on the transport delivery receipt at the time of delivery and notify Cerdá of the incident within 48 hours of delivery through official channels.

All incidents must be expressly communicated through the company's official channels to the commercial administration and/or assigned commercial manager of ARTESANÍA CERDÁ, S.L. for confirmation and proper management. Additional information may be required to resolve the incident.

When an incident involves the return of goods to ARTESANÍA CERDÁ, S.L., it must be communicated in advance as indicated in the previous point. The return of goods will not be accepted if it is not previously communicated for management and verification of compliance with the aforementioned conditions, unless otherwise agreed between the parties.

ARTESANÍA CERDÁ, S.L. will manage the incident through official channels with the Customer to resolve the claim, assigning an incident number and duly informing them of its resolution, in accordance with the established procedure to ensure compliance with the conditions.

The amount of any product that has been damaged by the Customer or whose original packaging has deteriorated beyond mere opening, as well as goods that do not meet optimal storage conditions, will not be refunded, unless otherwise agreed between the parties.

In the event of a refund, the Customer will receive the corresponding amount by means of a credit note / corrective invoice, cheque, bank transfer or deduction from the next bank payment, as determined by ARTESANÍA CERDÁ, S.L.

In any case, ARTESANÍA CERDÁ, S.L. will be entitled either to collect the goods or to request the Customer to destroy them and dispose of them in the appropriate place. To this end, destruction must be carried out in the presence of the Commercial Agent designated by ARTESANÍA CERDÁ, S.L., or failing that, a certificate of destruction must be sent by the company or person carrying it out.

ARTESANÍA CERDÁ, S.L. handles regular and habitual claims statistics, so that an excess over the claims rate according to said statistics will entitle ARTESANÍA CERDÁ, S.L. to suspend the service and terminate the contract.

9. WARRANTY.

The warranty does not cover deficiencies caused by negligence, knocks, improper use or handling, unsuitable voltage, electrical accidents, non-compliant installation and/or use, or materials subject to wear through normal use.

Products modified or repaired by the Customer or any other person not authorised by the manufacturer or supplier are excluded from the warranty. The warranty will not apply to apparent defects and non-conformity defects of the product, for which any claim must be submitted by the Customer within the period provided for in the applicable legislation.

The warranty will lose its validity:

• if any of the data on the warranty or proof of purchase is modified, altered or replaced.
• if both the identification number and the warranted product itself are tampered with or repaired without the knowledge of the Customer Service department or the company responsible for the warranty.
• if the proof of purchase or delivery note from ARTESANÍA CERDÁ, S.L. is missing.

To make use of the warranty, the proof of purchase or delivery note from ARTESANÍA CERDÁ, S.L. is essential.

The legal warranty does not apply to the repair of damage resulting from an external cause of the product (knock, scratch...), or any other damage caused by the Customer.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY.

ARTESANÍA CERDÁ, S.L. is a registered trademark at the Spanish Patent and Trademark Office, and at the European Union Intellectual Property Office, so any use of it or any similar identifying sign that could lead to confusion about its origin or ownership by third parties without prior written authorisation from ARTESANÍA CERDÁ, S.L. is expressly prohibited.

The trademark, and consequently the logo of ARTESANÍA CERDÁ, S.L., constitutes an exclusive right, meaning it confers on us as owners the right to demand correct use of the trademark. In this way, we expressly restrict its commercial use in relation to types of goods or services as applicable. Even more so if the use affects the distinctive character of the trademark.

ARTESANÍA CERDÁ, S.L. informs that it does not grant any express or implied licence or authorisation over intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the contents of its website or catalogues.

11. APPLICABLE LAW AND JURISDICTION.

These Terms and Conditions are governed by Spanish law.

If any clause included in these Terms and Conditions is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective, with the remainder of these Terms and Conditions remaining in full force and effect, and such provision being considered wholly or partially not included.

The parties submit, by their free choice and with waiver of any other jurisdiction, to the Courts and Tribunals of Valencia.