GENERAL CONDITIONS FOR PRIVATE CUSTOMERS
1.- TERMS OF GENERAL CONDITONS
- The present conditions are ruling for estimates, purchases and services. All orders are subject, without any exception, to those general conditions which are ruling in any case and even when some other stipulation could be written on the order. Any exception, in order to have some validity, has to obtain a written confirmation from our company.
- The prices will be valid only after our written confirmation of the order. Any change or subsequent amendment has to be submitted to our company which will provide a written confirmation. Verbal orders are subject to a written confirmation or to payment of the invoice before the goods leave our warehouse.
2.- TERMS OF PRICES AND PAYMENT
- Our prices are brutto prices in Euros. Our products are sold from our warehouse. From a net amount of 1.500 .- Euros, the wares will be delivered free to any place of the Island. For special orders, which means special sizes, colours, shapes and finishing different from the standard collection, the buyer will have to pay a deposit of 50% of the amount of the invoice.
- If there is some increase concerning the costs of transport, customs clearance, taxes, staff, exchange rate or any new taxes, between the date of the confirmation of the order and the delivery date, our company reserves the rights to adjust the prices without prior notice.
3.- DELIVERY LEAD TIME
- Delivery lead time will be valid only after a written re-confirmation from our company.
- All unexpected cases or force majeure (natural disease, strike, extradition, war, administrative order etc..) which could affect our company or any one of our providers, reserve us the rights to postpone deliveries or to cancel partially or totally the orders if they have not been already placed. If the cause of the delay lasts more than 3 months, the buyer who has a new delivery date confirmation, is entitled to cancel his order due to breach of contract. If the delivery is postponed or if the company gets rid of its obligations, the buyer cannot request any kind of indemnity.
- If the delivery is postponed for 14 days regarding the confirmed date, and after having requested a new delivery date by certified mail, if the new delivery date is re-postponed for 14 days and the wares not delivered, the buyer is entitled to cancel his order. The buyer can request an indemnity if he can provide the proof that our company has been acting in bad faith.
- The company reserves the rights to do partial delivery of any order, unless the buyer does not accept it and assumes the responsibility for it. Any partial delivery is considered as a separate obligation.
- If the buyer refuses to have the wares delivered, we can propose him a new delivery delay. At the end of term, we reserve the rights to cancel the contract and to require an indemnity of 50% of the value of the wares. This will be also applicable if the buyer has been informed of the delivery and refuses to have the wares.
- The buyer has to check the wares at delivery. Small changes in size, shape, weight, colour, composition cannot be considered as defects. Any claim has to be done in writing in the following 10 days, describing the defects and attaching the corresponding digital photos as so as a copy of the invoice. At the end of the mentioned term, our company will not accept any claim. Invisible defects which could appear later and which can be considered under our responsibility shall be reported immediately. Our products have a 2 years guarantee period.
- Any partial claim will not include the entire order unless the buyer can demonstrate it with evident proofs.
- Any claim related to duly demonstrated defects enables the buyer to obtain replacement wares without any cost. If the replacement piece cannot be provided, the buyer is entitled to cancel the purchase and to proceed to the corresponding deduction on his invoice. Wares returns and replacements are subject to our previous authorization. We will only accept returns if they are duly packed and if they have not been damaged after the reporting of defects made by the buyer. If the claim is rightly justified, our company can opt for the repair or the replacement and the return of the damaged ware in a 4 weeks delay. If it is not possible to repair or to replace the ware, the buyer is entitled to proceed to the corresponding deduction on his invoice.
- All the measurements can present very light alterations. The specified measurements are length x depth x height. We reserve the rights to introduce modifications and technical changes in order to improve our product. Light changes in colours, wicker colours, varnished parts and fabrics do not allow the buyer to present any claim.
- The wares are considered of our property until the complete payment has not been done. In between the buyer cannot use the wares for any kind of deposit or deal guarantee. If the wares are seized, the buyer must notify our ownership and inform us immediately. The buyer will then have to pay the costs for the intervention and for getting back the items being of our property.
6.- PROTECTION OF DATAS
- In order to develop our business relationship, we are authorized to gather, store and used the data of our buyers.
- On all transactions, only the Spanish law will be applicable.
- In case of dispute regarding the above General Conditions, the case will be submitted to the tribunals of Palma de Mallorca.
- If some particular agreements exclude any one of the above terms, it does not mean that all the other mentioned terms are excluded.