GENERAL TERMS AND CONDITIONS OF SALE OF ARASTONE ALABASTER, SL
I. SCOPE OF APPLICATION.
These General Conditions are applicable to any sale or service described in the brochures, price lists, advertisements, quotes, or website of ARASTONE ALABASTER, SL hereinafter referred to as ARASTONE ALABASTER. Any modification of the same must be made in writing with the agreement of ARASTONE ALABASTER. Accordingly, any other terms or conditions are excluded. The placing of an Order in accordance with the terms established in these general conditions implies acceptance of these. ARASTONE ALABASTER reserves the right to modify its General Conditions at any time, and the general conditions in force at the time of placing the Order will apply.
II. OFFER.
The Offer is personalized and will be issued in writing by ARASTONE ALABASTER.
The validity of this will be established in the Offer itself. If no period is indicated, it will be 30 calendar days (10 days for third-party products).
ARASTONE ALABASTER reserves the right to supply products different from those offered (including third-party products) guaranteeing that the functionalities and characteristics of the products delivered will be equivalent to those of those contracted, all with the prior written consent of the buyer.
III. REQUEST.
The Order will be initiated at the Customer’s request by email or telephone to ARASTONE ALABASTER.
The confirmation of the Order will be issued by ARASTONE ALABASTER in writing.
Once the Order confirmation has been received, the Customer has a period of 2 working days to review it. The absence of a statement to the contrary by the Client within the aforementioned period will be understood as conformity with the confirmation of the Order issued, and therefore it will be formalized.
The description of the product in the Order confirmation shall become part of the contract and shall be binding on the parties.
IV. PRICE AND PAYMENT TERMS.
The price of the Order and the terms and conditions of payment will be set out in the Order confirmation.
The price excludes taxes, shipping costs, insurance and installation and structures. Currency exchange rates, tariffs, insurance and production costs (including those of components and services) may allow ARASTONE ALABASTER to adjust its prices to the modifications that they may undergo, which will be communicated in the Order confirmation itself.
Payment will be made at the time of placing the Order or, under the conditions set out in the Order confirmation.
ARASTONE ALABASTER reserves the right to require prior approval for debits on credit cards or payment and/or bank certification of checks.
In the event of non-compliance with the payment terms by the Client, such non-compliance will entitle ARASTONE ALABASTER to suspend the delivery of the good or provision of the service until full payment is made.
From the day following the non-payment of the agreed price, interest for late payment in commercial transactions will accrue in accordance with the provisions of Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions or the Law in force that regulates it at the time of non-compliance.
V. RESERVATION OF TITLE
ARASTONE ALABASTER is the owner of the product supplied until full payment, reserving its right to recover possession of it in the event of non-payment of all or part of the price. Until full payment of the price, the Customer may not sell or tax the product.
VI. DELIVERY.
The delivery of the Order will be made in the manner and within the time limits set out in the Order.
The Customer must examine the Product upon delivery.
The Customer has a period of 48 hours after delivery, to inspect the products received and, if any, to express their disagreement with the product supplied. Once the aforementioned period has elapsed, without any disagreement manifested, the Customer will be considered to have accepted the Product.
The Customer may choose to return the Product due to non-conformity with the product delivered provided that the Product is in its original condition, with its packaging, return note and proof of purchase. Return costs will be at your own expense, unless there is a justification for the return in terms of the product warranty.
Refusal to receive the Order by the Customer without prior approval from ARASTONE ALALABASTER, will entail the assumption of the costs or resulting damages by the Customer, including storage, until its acceptance or return to ARASTONE ALABASTER.
VII. GUARANTEE.
ARASTONE ALABASTER manufactures alabaster.
Being a natural product, it can vary in its color, appearance and consistency.
As it is a product sensitive to water and heat, ARASTONE ALABASTER warns the Customer to check the technical usefulness of the product for the use and in the way he wants to apply it.
ARASTONE ALABASTER is not responsible for any damage arising from incorrect pre-installations or definitive installations, or for the improper use of the product by the Customer by not taking into account the characteristics of alabaster.
VIII. FORCE MAJEURE.
Delays in the supply of the product caused by exceptional situations not attributable to ARASTONE ALABASTER, such as strikes, own or others, transport, supply or production problems, exchange rate fluctuations, governmental action and natural disasters, will not be the responsibility of ARASTONE ALABASTER
If, due to force majeure, the supply of the contracted product is delayed by more than two months from the confirmation of the order, the agreement may be terminated by either party without any applicable penalty.
IX. CONFIDENTIALITY.
The communications made between the parties regarding the Order, quotation or economic offers issued by ARASTONE ALABASTER are confidential, so their non-compliance by the Client will entitle ARASTONE ALABASTER to immediately terminate the Order without the Client’s right to any compensation.
X. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The products supplied by ARASTONE ALABASTER are subject to intellectual and industrial property rights and are the exclusive property of ARASTONE ALABASTER or of the natural or legal persons informed. By acquiring a product or service, ARASTONE ALABASTER does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication over it, and ARASTONE ALABASTER reserves all these rights.
The Client may not make such content available to third parties. Intellectual property extends, in addition to the content included in its products, brochures, website, to its graphics, logos, design, images and source code used for its programming.
ARASTONE ALABASTER may, for commercial purposes, refer on its website, social networks or advertising brochures to the projects, products and works of its customers in which its product is going to be or has been used.
XII. RESOLUTION.
ARASTONE ALABASTER may unilaterally terminate the contractual relationship between the parties in the following situations:
1) When the price of the Order is not paid, in whole or in part, within the agreed periods.
2) For breach by the Client of the confidentiality clause stipulated in these general conditions.
3) Due to infringement by the Client of the intellectual property rights of ARASTONE ALABASTER.
In addition, ARASTONE ALABASTER reserves the legal actions that correspond to it by law to claim damages that the Client’s breach of these general conditions may cause.
XII. DATA PROTECTION.
The Client’s data will be processed in accordance with the applicable data protection laws, to which the Client expressly consents.
The Client may request the non-use of their data for commercial purposes.
The Client may exercise their rights of access, rectification and cancellation by writing to the address of ARASTONE ALABASTER.
XIII. JURISDICTION.
These general conditions will be governed by Spanish law.
For the resolution of any doubts, discrepancies or divergences that may arise in the fulfillment and interpretation of this Contract, the parties submit to the Courts of the city of Zaragoza, waiving any others that may be applicable to them.
XIV. INFORMATION.
The Client can find information regarding ARASTONE ALABASTER and its procedures on the https://arastonealabaster.com website.
You can head over to that page for any updates.
