Última actualización: septiembre de 2023

GENERAL CONDITIONS OF SALE

PÉREZ Y ABAD MÁRMOLES, S.L.

  1. SCOPE:
    1. Commercial operations involving PÉREZ Y ABAD MÁRMOLES, S.L. products are subject to these General Sales Conditions, which will be reflected in the corresponding order confirmations, and will also be contained in the commercial invoices for products from PÉREZ Y ABAD MÁRMOLES, S.L. an express reference to the following General Sales Conditions.
  2. ORDERS:
  3. Orders will be accepted in writing, by e-mail or telephone, and will only be binding once they have been accepted by PÉREZ Y ABAD MÁRMOLES, S.L. by confirming the order by any of the means of communication described above. The Client must verify the order confirmation and immediately notify, in writing, any error. Otherwise, the description of the product in the order confirmation will become part of this Contract and will be binding for the parties. PÉREZ Y ABAD MÁRMOLES, S.L. will not accept modifications or cancellations of the order.
  4. Orders will be subject to availability and acceptance by PÉREZ Y ABAD MÁRMOLES, S.L., which may reject the order at any time and at its sole discretion. Quotations, or economic offers, will only be valid in writing, and for the period of time indicated therein. If no period is indicated, this will be 30 days.
  5. PRICES AND PAYMENT TERMS:
  6. The price of the products will be that established in the Offer. Payment will be made to the bank account designated in writing by PÉREZ Y ABAD MÁRMOLES, S.L. However, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to interrupt the supply if any of the payment commitments acquired have not been fulfilled. The place of delivery is indicated in the order confirmation.
  7. PÉREZ Y ABAD MÁRMOLES, S.L. reserves its right to ownership of the product in the event of total or partial non-payment of the order. If the Client refuses delivery, without the prior approval of PÉREZ Y ABAD MÁRMOLES, S.L., the resulting costs or damages will be borne by the Client, including storage until acceptance. In the same way, PÉREZ Y ABAD MÁRMOLES, S.L. will not assume responsibility for delays in the delivery of the goods resulting from the lack of authorisation by the bank.
  8. PÉREZ Y ABAD MÁRMOLES, S.L. also reserves the right to interrupt the supply of goods to the Client if the latter has failed to comply with any of the payment commitments acquired. Said non-payment will allow PÉREZ Y ABAD MÁRMOLES, S.L. to claim the corresponding compensation for damages from the Client, in accordance with the provisions of articles 45 to 52 of the 1980 Vienna Convention on the international sale of goods; PÉREZ Y ABAD MÁRMOLES, S.L., also reserves the right to claim other amounts that satisfy the value of the loss suffered due to the non-fulfilment (consequential damage) and that of the profit lost as a consequence of its non-fulfilment (loss of profit), as well as for other damages caused as a consequence of its contractual non-fulfilment. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to interrupt, temporarily or definitively, said supply if there are exceptional circumstances that prevent the total or partial fulfilment of the obligations on its part. In this case, the present Contract will be cancelled without the Client having the right to demand compensation for possible damages from PÉREZ Y ABAD MÁRMOLES, S.L.
  9. It should be noted that this transaction is exempt from VAT, on the basis of Article 25 of Law 37/1992 of 28 December 1992 on Value Added Tax (“Exemptions in the supply of goods destined for another Member State”), unless it is carried out within Spanish territory.
  10. DELIVERY:
  11. Unless otherwise agreed, all Products will be sent from the warehouses of PÉREZ Y ABAD MÁRMOLES, S.L. and returns must be made to the same place. Delivery will be made within the approximate period indicated by PÉREZ Y ABAD MÁRMOLES, S.L. These periods are indicative, are not guaranteed and are not binding.
  12. Delivery of the goods will be carried out under the conditions agreed (INCOTERMS 2020) between PÉREZ Y ABAD MÁRMOLES, S.L. and the Client. However, the Client will have to comply with the indications given by PÉREZ Y ABAD MÁRMOLES, S.L. in relation to the international commercial operation carried out, regardless of the INCOTERM 2020 agreed. Furthermore, regardless of the INCOTERMS 2020 agreed, the Client undertakes to ensure that PÉREZ Y ABAD MÁRMOLES, S.L. has access to all the commercial, logistical and transport documentation derived from the same.
  13. The transport company will be designated by PÉREZ Y ABAD MÁRMOLES, S.L. or by the Client. In the event that the transport company is designated by PÉREZ Y ABAD MÁRMOLES, S.L., subcontracting of the transport will be prohibited, in accordance with the provisions of Chapter VI of Law 15/2009, of 11 November, on the contract for land transport of goods.
  14. Due to the condition of natural material, once the product has been loaded by the designated transport company, PÉREZ Y ABAD MÁRMOLES, S.L. will not admit any discrepancy on the goods received by the Client.
  15. PÉREZ Y ABAD MÁRMOLES, S.L. will also not be held responsible for any expenses caused by failure to comply with the delivery date. Both the ownership and the risk of damage and/or loss of the products will pass to the Client at the moment in which PÉREZ Y ABAD MÁRMOLES, S.L. has placed the products at the disposal of the carrier or the Client himself. Said international commercial operation is subject to the corresponding risk coverage of the Client.
  16. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. will not assume any responsibility for any loss or damage that the Client may incur in the event of an unavoidable delay in delivery. Title and risk of loss relating to the products shall pass to the Client at the time of delivery.
  17. RETURNS:
    1. In accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, due to the condition of natural material of the Products and as they are made to order and/or personalised, it will not be possible to return them.
  18. EXEMPTION FROM LIABILITY:
    1. PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable for the transformation that the Products may undergo due to their condition as natural metamorphic material.
  19. USE OF TRADEMARKS, IMAGES, LOGOS AND DISTINCTIVE SIGNS:
  20. The use of material protected by intellectual property rights of which PÉREZ Y ABAD MÁRMOLES, S.L. is the owner, by the Purchaser (“Authorised” to use it), that is to say: commercial names, logos, product names, domain names and other signs used in advertising, social networks, web pages, as well as on the Internet in general, must respect the prescriptions of the Legal System related to the enjoyment of use. Under no circumstances may the Authorised Party modify the appearance, structure or content of the elements subject to authorisation or add other elements, following the guidelines established by the management of PÉREZ Y ABAD MÁRMOLES, S.L., non-compliance with which may serve as a basis for the imposition of a penalty.
  21. The Authorised User may only use the authorised elements in a way that does not endanger the reputation or image of PÉREZ Y ABAD MÁRMOLES, S.L. In the event of any such risk, PÉREZ Y ABAD MÁRMOLES, S.L. may withdraw authorisation for their use at any time. The brands, images, logos and signs and other distinctive signs identifying the products manufactured or marketed by PÉREZ Y ABAD MÁRMOLES, S.L., will be registered in accordance with the legal provisions on intellectual property and the laws and regulations in force.
  22. PÉREZ Y ABAD MÁRMOLES, S.L. authorises the use of the brands, images, logos and distinctive signs linked to the products manufactured or marketed by the Licensee for the duration of the latter and only for the sole purpose of identifying and promoting the products exclusively within the limits of the object of the latter and for the benefit of the Licensor. The Licensee undertakes to ensure the protection of the trademark, logo, sign and distinctive signs and to implement the necessary actions for their effective protection.
  23. The Authorised Party acknowledges that the use granted to him/her, according to these General Conditions of Sale and Guarantee, the brand, the sign and the photographic and/or audiovisual material, do not confer any property right over them. The Licensee undertakes to peacefully use the trademarks, logos, signs and photographic and/or audiovisual material of PÉREZ Y ABAD MÁRMOLES, S.L., and may use all brand names in all advertising or other activities carried out by the Licensor within the framework of the promotion and sale of the products.
  24. The Authorised Party undertakes not to register or request the registration of any trademark, logotype and sign of PÉREZ Y ABAD MÁRMOLES, S.L. (or other similar ones that may lead to confusion with those of PÉREZ Y ABAD MÁRMOLES, S.L.).
  25. The Licensee will notify PÉREZ Y ABAD MÁRMOLES, S.L. of any violation that comes to its knowledge of the trademarks, logos and signs and photographic and/or audiovisual material registered by PÉREZ Y ABAD MÁRMOLES, S.L., as well as the industrial property rights (patents), property of PÉREZ Y ABAD MÁRMOLES, S.L. The Authorised Party is free to promote the products via Internet, catalogues and other commercial promotion media, but may not make use of the brands, logos, signs and photographic and/or audiovisual material registered by PÉREZ Y ABAD MÁRMOLES, S.L. without having previously agreed in writing the details of said use.
  26. The Licensee undertakes to: 1) Not to request the trademarks and signs of PÉREZ Y ABAD MÁRMOLES, S.L. as key words in search engines; 2) Not to create websites or domains with the trademarks or signs of PÉREZ Y ABAD MÁRMOLES, S.L.; 3) Not to modify images or documents created by PÉREZ Y ABAD MÁRMOLES, S.L. for subsequent publication in its catalogues or on the Internet; and, 4) There is the possibility that PÉREZ Y ABAD MÁRMOLES, S.L. authorises the creation of profiles in social networks, as long as the latter is the administrator. Likewise, the Authorised Party must undertake to hand over the access data to said networks within a maximum period of 7 days or whenever PÉREZ Y ABAD MÁRMOLES, S.L. so requires. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the possibility of requesting the Authorised Party, at any time, to cancel the profile on the social networks.
  27. The Authorised Party undertakes, at the request of PÉREZ Y ABAD MÁRMOLES, S.L., to remove all advertising, whether printed, digital or located on the Internet, that bears the trademarks, logos, photos, data or signs of PÉREZ Y ABAD MÁRMOLES, S.L. within a period of no more than 30 days.
  28. PROTECTION OF PERSONAL DATA:
    1. PÉREZ Y ABAD MÁRMOLES, S.L. in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR), of the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), and of the Law 34/2002, of 11 July, on information society services and electronic commerce (LSSICE); informs that the personal data will be included in files owned by the company, the purpose of which is the management of suppliers, clients, performance of contracted services, commercial monitoring of clients and other commercial communication actions.
    2. PÉREZ Y ABAD MÁRMOLES, S.L. will not transfer said data to third parties, unless required by law or as a consequence of the legal relationship. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. informs that it does not plan to transfer them to a third country or international organisation. However, the owner of the data may, at any time, exercise their right to access their personal data, rectify or delete it, limit its processing, as well as the right to data portability, in the manner provided for by law; that is, by sending a communication to PÉREZ Y ABAD MÁRMOLES, S.L., to the e-mail address admin@perezyabad.com, attaching a copy of their DNI/NIE/PASPORT.
    3. The data shall be retained for as long as the collaboration is maintained, unless the data subject exercises his/her rights of control, and thereafter for as long as necessary for the fulfilment of any legal obligation or for the fulfilment of any obligation arising from the pre-existing legal relationship.
  29. CONFIDENTIALITY:
    1. The parties agree that any information exchanged, provided or created by PÉREZ Y ABAD MÁRMOLES, S.L. will be kept strictly confidential. The Authorised Party may only reveal confidential information to those who need it and are previously authorised by the party whose confidential information it concerns. Confidential information is also considered to be: a) Information which, as a whole or due to the exact configuration or structure of its components, is not generally known among experts in the corresponding fields; b) Information which is not easily accessible; and, c) Information which is not subject to reasonable protection measures, in accordance with the circumstances of the case, in order to maintain its confidential nature. Any information sent to the Authorised Party is the exclusive property of the party from which it originates. Accordingly, it shall not use information of the other party for its own use without prior consent.
  30. DISPUTE RESOLUTION AND DETERMINATION OF APPLICABLE LAW:
    1. Unless otherwise provided for in the applicable Consumer and User protection regulations, in the event of any dispute concerning the validity, execution or interpretation of these General Terms and Conditions of Sale, the parties undertake to resolve it amicably. However, in the event that the intervening parties do not reach an agreement through negotiation, they agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of these General Conditions of Sale or related to them, directly or indirectly, will be definitively resolved through arbitration, within the framework of the Basque Court of Arbitration, with headquarters at Pº. Portuexe nº61 – 3º, 20018 Donostia – San Sebastián (Spain), which is entrusted with the administration of the arbitration and the appointment of the arbitrators, in accordance with its Regulations and Statutes, which will resolve by applying Spanish law.

Last updated: September 2023