All deliveries and services of Sethlans Enterprise based on virtual orders via the Internet or other types of orders are subject to this Specification. Any different and / or complementary agreement will require the consent of the Company or a person authorized. The same applies to all disassociation from the requirement of the written form.
Since our offer is aimed exclusively at companies, the right of contractual or legal revocation is not expressly granted, nor is any possibility of returning the merchandise received, which private customers would enjoy.
2. DELIVERY CONDITIONS
Provided it has not been agreed separately, the delivery times mentioned in the order confirmations are not binding. To the extent possible, the company will meet delivery deadlines promptly. If the delivery period is exceeded, the customer will be given the right to set a grace period of at least six weeks. If the company entity does not deliver within the grace period, the client will be assisted with the right to withdraw from the contract, expressing it in writing. The Company may withdraw from the contract if the provision is impossible for reasons not attributable to it, especially in cases of force majeure, such as war, strike or when, although not attributable to it, it is not being supplied to itself. The client will be immediately informed of the unavailability, and the benefits that have already been served will be restored immediately.
If the recipient is not at the place of delivery on the first delivery attempt, in any case he will have to bear the additional costs of the second and subsequent delivery attempts or storage costs.
However, if the delivery has been agreed free at home, the recipient will be obliged to unload the merchandise himself. Therefore, the Company is not obliged either to download the merchandise it has sent or to make available to the client the necessary means to download it.
The Company is authorized to make partial deliveries as long as they are reasonable for the client. The Company will assume the additional cost that may arise from these partial deliveries.
For modifications requested after shipment (modification of delivery address, request for additional services), the transport company is currently billing us for a supplement of EUR 30.00 net. If it is the customer who makes the modification after shipment, the additional costs incurred will be borne by him.
3. TRANSFER OF RISK
The risk passes to the customer as soon as the merchandise has been delivered to the carrier and has left our warehouses. This will apply even in the event that the Company has assumed the transportation costs. Claims for transport breakdowns must be addressed directly by the client to the transport company within the periods established for this. In the event of a shipment by the client to the Company, the client must bear all the risks, above all the risk of transportation, until the arrival of the merchandise in the Company.
4. PAYMENT CONDITIONS
The Company invoice will be payable on the spot without discounts of any kind. Checks will only be accepted as "for payment". Expenses and / or commissions will be borne by the client. Compensation is only admissible with credits that are not controversial or verified by a final court decision. The client may assert a right of retention only if it is based on the same contractual relationship. The Company has the right to transfer its claim resulting from deliveries and benefits made for financial purposes. In the event that the payer is late with his payment, all other debts will be immediately pending payment without the need for any further proof of default.
As long as they can be verified by reasonable verifications, claims about the scope of supply, defects, erroneous deliveries and discrepancies in quantities will be asserted immediately, but no later than one week after receipt of the merchandise. For this period to have been met, it will suffice that the shipment has occurred in due time. Once this period has elapsed, the guarantee for obvious defects will be excluded. The guarantee period assumed by the Company amounts to 2 years from delivery in the case of unused merchandise. The Company does not assume any guarantee against clients that are not final consumers. These limitations will not govern in the assumption that the vice was hidden in bad faith. In the case of justified claims, the Company will proceed to the subsequent delivery of the missing quantities, while in the other cases it will optionally proceed to correct the defect of the merchandise or to a new delivery. The warranty related to appliance defects is limited to rectification. If the subsequent fulfilment fails, the buyer will have the right to withdraw from the contract to request a reduction.
6. CIVIL LIABILITY
In the event of slight injuries to the obligations, the Company's civil liability is limited to the average direct damage, typically according to the type of contract and foreseeable according to the type of merchandise. We do not assume any civil liability in the event of non-compliance, due to slight neglect, of non-essential contractual obligations.
The foregoing limitations on liability do not affect the rights of customers based on product liability. These limitations do not apply to the damages that are attributable to us and that have occurred with respect to the life, body or health of the principal.
7. PROPERTY RESERVATION
The object of the sale continues to be property of the Company as long as the credits corresponding to the Company have not been paid on the basis of the contract. Reservation of ownership continues to persist for all the credits that the Company subsequently acquires from the buyer in connection with the purpose of the sale, based on repairs or other benefits. As long as the reservation of title persists, the buyer shall be empowered to possess and use the object of the sale as long as he complies in time with his obligations resulting from the reservation of ownership and with his obligations resulting from the commercial relationship. The client is obliged to provide the Company with all the information that may be necessary within the framework of actions related to the agreed reservation of ownership.
8. DATA PROCESSING
The Company is authorized to collect, memorize and process the client's personal data that may be necessary within the framework of the commercial relationship.
9. PROVISO CLAUSE
The ineffectiveness of any point of this General Terms and Conditions will not affect the effectiveness of its other provisions. In place of the ineffective provision, a new provision will enter into force, the economic effect of which will be close to that of the ineffective provision.
The place of performance and the competent jurisdiction for all contracts are the registered office of the Company if the client is a merchant under the Commercial Code, a legal entity under public law or a special patrimony under public law. The Company has the right to sue the contracting party's jurisdiction. The applicable law will be that of Spain.
The provisions of the United Nations Sales Law will not apply.
Francisco Fernández Diez, 34