PURCHASE GENERAL TERMS AND CONDITIONS
1. PURPOSE AND GENERALITIES.
The Terms and Conditions of sale set forth below regulate the contractual relationships between the parties.
Anyone who intends to purchase or contract products or services must have the status of Customer, which is acquired by providing the required data and accepting these Terms and Conditions, as well as following the steps indicated by ARTESANÍA CERDÁ, S.L. below.
All Customers must be over 18 years of age and hold the sufficient legal capacity to enter into contracts.
These Terms and Conditions are the only ones applicable to the contracting of products or services, both through conventional channels and through the Website, and replace all other conditions, unless otherwise agreed in writing between ARTESANÍA CERDÁ, S.L. and the Customer in accordance with the Particular Conditions. Consequently, Customers agree to comply with, and are bound by, the Terms and Conditions as they are written.
2. ORDERS, PURCHASING PROCEDURE AND MODES.
The purchasing of products, and the contracting of services by the Customer can be formalized by the following means:
- Web or Commercial Agent.
- Mail, telephone or fax (subsequent confirmation by mail, or by providing a signature following a telephone or fax order is necessary).
In any case, orders that the Customer places will be processed only when he/she has no outstanding payments pending.
Otherwise, orders will remain pending the pertinent regularization, without the merchandise being reserved until this time.
For Pre-orders with advance payment, the merchandise will be reserved until the agreed date of delivery. In the event that the agreed date arrives and the payment is not made, merchandise will be released 15 days after that date, after emailed notification to the customer.
3. COSTS AND HANDLING AND SHIPPING SERVICES.
The cost and the minimum order quantity of each article are those indicated on the website www.cerdagroup.com or in Cerda’s official price guide. In the case of export, the minimum quantity is the quantity set as Outer.
Prices indicated on both the website and in the official price guide do not include management and shipping services, which will vary in each case. These prices do not include Value Added Tax (VAT), or any other taxes that are applicable.
Purchases that are to be delivered within the territory of any of the European Union’s Member States (except Spain) will be exempt from VAT, except for those that are not registered as intra-Community operators. Purchases to be delivered in territories of EU non-member states, the Canary Islands, Ceuta or Melilla will be exempt from VAT, without prejudice to any tax that is applicable.
Shipments costing more than 150 euros, VAT excluded, include the corresponding management and shipping services costs to any location in mainland Spain and the Balearic Islands.
For Portugal, the minimum order costs to include the costs of management and shipping services is €300
For the Canary Islands, Ceuta and Melilla, shipments of more than 600 euros, VAT Excluded, include the management and shipping services costs. Orders of a lower value can be shipped, but the management and shipping costs will be borne by the Customer.
For orders outside the Spanish territory and Portugal, sales will initially be governed by Ex Work rules, specifying other individual conditions with each customer afterwards.
In cases where the customer required merchandise amounting to a cost less than those specified above, ARTESANÍA CERDÁ, S.L. will automatically charge the following amounts (for management and shipping):
- €7.00 for Spain (mainland).
- €9.00 for the Balearics and Portugal.
- €30.00 for the Canary Islands, Ceuta and Melilla (in this case, for the DUA export document and freight).
The Customer may combine several orders in a single shipping procedure to benefit from the different rates of handling and shipping services and/or Customs
ARTESANÍA CERDÁ, S.L. reserves the right to modify the rates for handling and shipping services at any time. In any case, the aforementioned prices are valid until the end of the year of subscription and the acceptance of these General Terms and Conditions, and for subsequent annuities, the rates applicable will be those that are published on the website and the official price guide.
4. PAYMENT METHODS
The Customer can choose between the following payment methods:
- Payment in advance (transfer before shipment, into the current bank account indicated by Cerdá). This payment method could include a maximum discount of 3%.
- In cases where Particular Conditions have been agreed with between the Customer and ARTESANÍA CERDÁ, S.L.:
- A single money order with a set payment date
- Two/three money orders, with two/three deferred payment dates, splitting the amount across the corresponding shipments.
- The maximum term will be 90 days.
Under no circumstances can payments for invoices for orders below the 300 euros be split.
In any case, the payment date for the money order will begin from the invoice date.
The non-payment of any invoice by the payment due date will result in the cancellation of any deferred payments that may remain pending, and ARTESANÍA CERDÁ, S.L. can request full payment of any outstanding amounts, by the means it deems appropriate. In addition, the corresponding default interest for late payment will accrue, in accordance with Law 15/2010 of July 15, in relation to Law 3/2004 of December 29.
The discount for payment in advance, and the minimum invoiced amount that cannot be split, are in force until the end of the year of subscription and acceptance of these General Terms and Conditions, and in the subsequent annuities the Terms and Conditions applicable will be those published on the ARTESANÍA CERDÁ, S.L. Website.
Payment of the costs for the management and shipping of products requested by the Client will be confirmed in an email sent by ARTESANÍA CERDÁ, S.L. at the time the order has been confirmed (sending of the Pro forma Invoice). This email acts as an acknowledgment receipt and confirmation of the purchase requested.
However, in certain cases, ARTESANÍA CERDÁ, S.L reserves the right to request a specific form of payment in the event that the identification data of the purchaser of products is not conclusively proven.
5. PROVISION OF THE SERVICE / DELIVERY OF THE PRODUCT.
Upon delivery of the products, all losses, damages and deterioration thereof, as well as any damages caused, will be liability of the Customers and expenses shall be borne by them.
ARTESANÍA CERDÁ, S.L. undertakes to deliver the product in perfect condition to the address indicated by the Customer. In order to optimize the delivery process, the address indicated by the Customer must be an address where deliveries can be undertaken within normal working hours.
ARTESANÍA CERDÁ, S.L. shall not be liable for errors or damages caused during delivery when the delivery address entered by the Customer does not match the place of delivery specified by the Customer.
ARTESANÍA CERDÁ, S.L. can deliver products from the same order across on several delivery dates.
At the time the order is delivered, the Customer must present his identification document, sign the delivery note and can request a copy of the former from the Carrier.
Delivery is considered complete from the moment that the product has been made available to the Customer at the place of delivery indicated by the Customer in the Particular Conditions.
Any risk related to the products, including but not limited to, loss, damage or theft, will be transmitted to the Customer from the time the order is made available to the Customer in accordance with the provisions of these Terms and Conditions.
ARTESANÍA CERDÁ, S.L. does not guarantee its Customers the availability of the products offered on the website or in its catalogues, with the exception of those products where a specific guarantee or availability has been expressly mentioned.
7. DISCLAIMERS / LIMITATION OF LIABILITY.
ARTESANÍA CERDÁ, S.L. makes every effort within its means to ensure that the information on the Website, Catalogues and Pricing is truthful and free from typographical errors. In the event that there is an error of this type at any time, contrary to the will of ARTESANÍA CERDÁ, S.L., it will immediately proceed to correct it. If there is a typographical error on any of the prices shown, and if any Customer has made a purchasing decision based on said error, ARTESANÍA CERDÁ, S.L. will inform the Customer of such error and the customer will have the right to cancel his/her purchase at no cost on his/her part.
Products presented by ARTESANÍA CERDÁ, S.L. are sold within the limits of availability.
ARTESANÍA CERDÁ, S.L. employs the greatest possible rigor to publish the basic characteristics of products, thanks in large part to the technical descriptions and photographs and/or videos of the products, depending on the technique and respecting the best market standards. In spite of all this, we cannot guarantee an exact representation of our products on the Website and/or in Catalogues, particularly as a result of the differences in the display of colours on different Internet navigation software and/or display monitors, as well as in traditional print. ARTESANÍA CERDÁ, S.L. cannot be held responsible for the inaccuracy of the photographs that appear on the Website or in its Catalogues.
In accordance with the provisions of Art. 336 of the Commercial Code, claims for defects in the quantity or quality of the goods, which are exercised after the four (4) days following receipt of the merchandise, will not be accepted if there is no case of damage due to a fortuitous event, inherent defect of the product or fraud.
For any defects in the goods purchased, ARTESANÍA CERDÁ, S.L. will act in accordance with the provisions in Art. 342 of the Commercial Code, which stipulates that the period of claim is thirty (30) days counted from the delivery of the purchased products, or failing that, whatever was agreed between the parties.
If the damage is a result of the Transport Agency, responsibility will lie with the carrier, and the Customer must report the incident within 48 hours after delivery, or by leaving a record of the damage on the delivery note.
In the cases specifically provided for, the Customer may initiate a claim procedure. In this sense, all incidents must be notified to ARTESANÍA CERDÁ, S.L’s Sales Team or to the commercial agent responsible for the area by email.
ARTESANÍA CERDÁ, S.L. will contact the Customer by email or telephone to resolve the complaint, assigning it an incident reference number.
Due to the nature of the products, the Customer must abide by the procedure outlined for the resolution of a claim. Incidences/Claims will not be considered if the procedure established by ARTESANÍA CERDÁ, S.L has not been followed.
The cost of any product that has been damaged by the Customer or whose original packaging is deteriorated in a way that goes beyond its simple opening will not be refunded, or will be only partially refunded, depending on the extent of the damage.
In cases of refunds, the Client will receive the corresponding amount by means of an amendment to the invoice paid by cheque, bank transfer or a reduction of the payment amount due for an upcoming bank draft, as established by ARTESANÍA CERDÁ, S.L.
In any case, ARTESANÍA CERDÁ, S.L. shall be entitled to either collect the merchandise, or to request that the Customer to destroy it, and to dispense of it an appropriate location. To that end, destruction of merchandise must be carried out in the presence of the Commercial Agent designated by ARTESANÍA CERDÁ, S.L. or, in his/her absence, a certificate of destruction will be required by the company or person responsible for undertaking this action.
ARTESANÍA CERDÁ, S.L. handles statistics calculated on a regular basis on accident rates, so that excesses over the accident rate averages according to said statistics will entitle ARTESANÍA CERDÁ, S.L. to interrupt the service and terminate the contract.
The warranty does not include defects caused by negligence, blows, improper use or handling, inappropriate voltages, electrical accidents, accidents due to installation defects and/or inappropriate use, and for materials subject to wear and tear due to normal use.
Products modified or repaired by the Customer or any other person not authorized to do so by the manufacturer or supplier are excluded from the warranty. The warranty will not be applicable to apparent defects and or any defects regarding the conformity of the product, for which any claim must be made by the Customer within the period established by current legislation.
The warranty will not be valid in the cases cited below:
- If any data from the warranty or from the proof of purchase are modified, altered or replaced with other data.
- If the identification number of product under warranty, or the product itself is handled or repaired without the knowledge of Customer Service or the company responsible for the warranty.
- If the Customer does not have the receipt for the purchase and delivery or the delivery note from ARTESANÍA CERDÁ, S.L.
To make use of the warranty, the receipt or a delivery note from ARTESANÍA CERDÁ, S.L. is required.
The legal guarantee does not apply to any repairs for damages to the product derived from any external cause (blow, scratches, etc.), or any other damage caused by the Customer.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
ARTESANÍA CERDÁ, S.L. is a registered trademark in the Spanish Patent and Trademark Office and in the Trademark Office of the European Union, so any use of its trademark or of any similar identifying sign that may lead to confusion about its origin or ownership by third parties without the prior written authorization of ARTESANÍA CERDÁ, SL is expressly prohibited
The trademark, and as a consequence, the logo of ARTESANÍA CERDÁ, S.L, is an exclusive right, which means that it gives us as owners the right to expect correct and lawful use of the trademark. In this way, we expressly restrict the commercial use of our trademark in relation to types of goods or services, especially if said use affects the distinctive character of the brand.
ARTESANÍA CERDÁ, S.L. notes that it does not grant any express or implied license or authorization on Intellectual and/or Industrial Property Rights or on any other rights or property, whether directly or indirectly, to the contents of its website and/or catalogues.
11. APPLICABLE LAW ANDJURISDICTION.
These Terms and Conditions are governed by Spanish law.
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such invalidity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, with these Terms and Conditions remaining valid for everything else, with said clause considered to be totally or partially omitted.
The parties voluntarily submit to the Courts and Tribunals of Valencia, wavering access to any other jurisdiction.Page updated on 1/9/2017