The commercial operations that fall on products of PÉREZ Y ABAD MÁRMOLES, S.L. are subject to the following General Conditions of Sale, which will be reflected in the corresponding order confirmations, also containing, in the commercial invoices of products of PÉREZ Y ABAD MÁRMOLES, S.L., an express reference to the following General Conditions of Sale:
Orders will be accepted in writing, email, or telephone, and will only be binding once 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 notify us, immediately, in writing, of any error.
Otherwise, the product description in the order confirmation will become part of this Agreement and will be binding on the parties. The Orders will be subject to the availability and acceptance by PÉREZ Y ABAD MÁRMOLES, S.L., which may reject the order at any time and at its sole choice. The budgets, or economic offers, will only be valid in writing, and during the period indicated in them. If no deadline is indicated, it will be 30 days.
The Products are described in the catalog or website of PÉREZ Y ABAD MÁRMOLES, S.L. which may be modified and / or by any applicable Specification. PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to interrupt, temporarily or permanently, the supply if there are exceptional circumstances that prevent the total or partial fulfillment of the obligations of the seller. In this case, the present Contract will be annulled without the purchasing party having the right to demand compensation for possible damages or losses to the selling party.
Similarly, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to cancel the order, at any time, due to objective circumstances beyond the control of PÉREZ Y ABAD MÁRMOLES, S.L.
4. PRICES AND PAYMENT TERMS:
The price of the Products will be the price established in the Offer.
In your case, the prices of the products doesn´t include amounts with respect to the value added tax (VAT). The Client, upon receiving a valid VAT invoice, will pay said additional amounts with respect to VAT that may be attributable to the supply of the products. For greater specificity, within the European Union: Operation exempt from VAT, based on article 25 of Law 37/1992, of December 28, on Value Added Tax (“Exemptions on deliveries of goods destined for another State member”). Outside the European Union: VAT exempt operation, based on article 21 of Law 37/1992, of December 28, on Value Added Tax (“Exemptions on exports of goods”). 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 payment commitments have been breached. The place of delivery is indicated in the order confirmation. PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to own the product in the event of total or partial non-payment of the order. If the Customer rejects the delivery without our prior approval, the resulting costs or damages will be borne by him, including storage, until acceptance. As well as PÉREZ Y ABAD MÁRMOLES, S.L. will not assume responsibility for delays in the delivery of the merchandise derived from the lack of authorization by the bank.
PÉREZ Y ABAD MÁRMOLES, S.L. also reserves the right to interrupt the service (s) provided to the Client if the Client has breached any of the payment commitments acquired; Said lack of payment will allow PÉREZ Y ABAD MÁRMOLES, S.L. to claim from the Client the corresponding compensation for damages, in accordance with the provisions of articles 45 to 52 of the Vienna Convention of the year 1980 on the international sale of merchandise; PÉREZ Y ABAD MÁRMOLES, S.L. reserves, in addition, the right to claim, other amounts that satisfy the value of the loss suffered by the default (consequential damage) and the profit left to obtain as a result of its default (loss of profit), as well as for other damages caused as a result of its contractual breach.
Unless otherwise agreed, all the Products will be shipped from the warehouses of PÉREZ Y ABAD MÁRMOLES, S.L. and returns must be made to this same place. Delivery will be made within the approximate period indicated by PÉREZ Y ABAD MÁRMOLES, S.L. These terms are indicative, will not be guaranteed nor are they binding.
If the delivery of the modifications is carried out under EXW Novelda (Alicante) -Spain INCOTERMS 2020 or FOB (………) -SPAIN INCOTERMS 2020 conditions, the transport company will be designated by the Client. PÉREZ Y ABAD MÁRMOLES, S.L. are not obliged to accept delivery of the Products to the transportation company designated by the Customer.
However, if the confirmation is delivered in CFR conditions (………) -Spain INCOTERMS 2020, the transport company will be designated by PÉREZ Y ABAD MÁRMOLES, S.L.; In this case, the subcontracting of transport would be prohibited, in accordance with the provisions of Chapter VI of Law 15/2009, of November 11, on the land freight transport contract.
PÉREZ Y ABAD MÁRMOLES, S.L. will not be responsible for the expenses caused by the breach of the delivery date. Both the property and the risk of damage and / or loss of the products will pass to the Buyer at the time that PÉREZ Y ABAD MÁRMOLES, S.L. has placed the products in the hands of the carrier or the Buyer himself. Said international commercial operation is subject to the corresponding risk coverage of the buyer. 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 inevitable delay in delivery. The ownership and risk of loss related to the products will be transmitted to the Client at the time of delivery.
Due to the condition of natural material, once the product is loaded by the designated transport company, PÉREZ Y ABAD MÁRMOLES, S.L. will not admit any discrepancy on the goods received by the Buyer.
Likewise, when the sale and purchase operation requires maritime transport of the goods, the parties acknowledge that the condition of shipper that will be reflected in the Bill of Lading (Bill of Lading or B / L), will depend on the INCOTERM agreed in these General Conditions of Sale and in the Particular Conditions of Sale and the obligations that, for the parties, derive from it.
For such purposes, the parties agree that, in any case, and regardless of the operator that the B / L expressly refers to as a shipper, the condition of shipper and the obligations that derive from said consideration will correspond to the following operators, depending of the INCOTERM agreed in the sale: A) When an INCOTERM 2020 CPT, CIP, DPU, DAP, DDP, CFR or CIF is agreed: only the seller, PÉREZ Y ABAD MÁRMOLES, SL, will be considered as a shipper, in those cases in which a forwarder does not intervene in the operation; and, consequently, PÉREZ Y ABAD MÁRMOLES, S.L., has a direct relationship with the carrier. On the contrary, in the event that a forwarder intervenes in the commercial operation, as mediator between the seller and the transport company, the condition of shipper will correspond to the freight forwarder; B) When an INCOTERM 2020 EXW, FCA, FAS or FOB is agreed: the condition of shipper will correspond, in any case, to the buyer.
In accordance with the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, due to the condition of natural material of the Product and to be made by order and / or personalized, its return will not be possible. The Product can only be returned in the event that the Buyer has received a different Product than the one purchased.
Said product may be returned with the prior approval of PÉREZ Y ABAD MÁRMOLES, S.L. In case of return, the buyer must provide us with proof of receipt of the merchandise. In order to grant the buyer a credit for the returned products, the products must be returned in conditions of sale. Similarly, the Buyer has a minimum period of 7 calendar days to withdraw from the Contract since he received the product. Within the EU, the Buyer has the right to return purchases made online or through other types of distance selling (by phone, by correspondence or to a door-to-door seller), within 14 days to obtain a full refund.
7. DISCLAIMER OF LIABILITY:
PÉREZ Y ABAD MÁRMOLES, S.L. will not be responsible for the transformation that the Product could undergo due to the condition of natural metamorphic material.
8. USE OF TRADEMARKS, IMAGES, LOGOS AND DISTINCTIVE SIGNS:
The use of material protected by intellectual property law, of which PÉREZ Y ABAD MÁRMOLES, S.L. is the owner, by the Buyer (“Authorized” to use), that is: trade names, logos, product names, domain names and other signs used in advertising, social networks, web pages, as well as on the Internet in general, you must respect the prescriptions of the Legal Order related to the enjoyment of use. In no case may the Authorized person modify the appearance, structure or content of the elements subject to authorization or add other elements, following the guidelines established by the management of PÉREZ Y ABAD MÁRMOLES, S.L., their non-compliance may serve as the basis for the imposition of a penalty.
The Authorized may only use the authorized elements in a way that does not endanger the reputation or image of PÉREZ Y ABAD MÁRMOLES, S.L. if there is a risk PÉREZ Y ABAD MÁRMOLES, S.L. You can withdraw the authorization of its 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. PÉREZ Y ABAD MÁRMOLES, S.L. authorizes the use of the brands, images, logos and distinctive signs linked to the Products manufactured or marketed by the Authorized for the duration of this and only for the sole purpose of identifying and promoting the Products exclusively within the limits of its purpose and for the benefit of the Grantor.
The Authorized undertakes to ensure the protection of the brand, logo, sign, and distinctive signs and to apply the necessary actions for effective protection. The Authorized acknowledges that the use that is granted, according to these General Conditions of Sale, the brand, the sign and the photographic and / or audio-visual material, do not confer any property rights on them. The Authorized undertakes to peacefully use the brands, logos, signs and photographic and / or audio-visual material of PÉREZ Y ABAD MÁRMOLES, S.L., and may use all brand names in all advertising or other activities carried out by the Grantor in the framework for the promotion and sale of the Products. The Authorized undertakes not to register or request the registration of any brand, logo and sign PÉREZ Y ABAD MÁRMOLES, S.L. (or other similar ones that lead to confusion with those of PÉREZ Y ABAD MÁRMOLES, S.L. The Authorized will notify PÉREZ Y ABAD MÁRMOLES, S.L. any violation that comes to your knowledge of the trademarks, logos and signs and photographic and / or audio-visual material registered by PÉREZ Y ABAD MÁRMOLES, S.L., as well as the industrial property rights (patents) owned by PÉREZ Y ABAD MÁRMOLES, S.L.
The Authorized is free to promote the Products through the Internet, catalogues and other means of commercial promotion, but cannot make use of the brands, logos, signs and photographic and / or audio-visual material registered by PÉREZ Y ABAD MÁRMOLES, S.L. without having previously agreed in writing the details of such use. The Authorized undertakes to: 1) Do not request as keywords in search engines the marks and signs of PÉREZ Y ABAD MÁRMOLES, S.L.; 2) Do not create websites or domains with the marks or signs of PÉREZ Y ABAD MÁRMOLES, S.L.; 3) Do not modify images or documents created by PÉREZ Y ABAD MÁRMOLES, S.L. to be published later in their catalogues or on the Internet; and, 4) There is the possibility that PÉREZ Y ABAD MÁRMOLES, S.L. authorize the creation of profiles on social networks, as long as, PÉREZ Y ABAD MÁRMOLES, S.L. be the administrator. Likewise, the Authorized must undertake to transfer the access data to said networks, within a maximum period of 7 days or when PÉREZ Y ABAD MÁRMOLES, S.L. require it. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the possibility of requesting the Authorized, at any time, the cancellation of the profile on social networks.
The Authorized undertakes, at the request of PÉREZ Y ABAD MÁRMOLES, S.L., to remove all advertising, whether printed, digital or located on the Internet, bearing the marks, logos, photos, data or signs of PÉREZ Y ABAD MÁRMOLES, S.L. within a period not exceeding 30 days.
9. DATA PROTECTION:
PÉREZ Y ABAD MÁRMOLES, S.L. in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and by which repeals Directive 95/46/EC (GDPR); of Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSICE) and of Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Rights Digitalis (LOPDGDD), informs you that your personal data will be included in files owned by PÉREZ Y ABAD MÁRMOLES, S.L., whose purpose is the management of suppliers, clients, performance of contracted services, commercial monitoring of clients and others commercial communication actions.
PÉREZ Y ABAD MÁRMOLES, S.L. will not transfer your data to third parties except as required and legal requirement or requirement because of the legal relationship. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. informs you that you do not plan to transfer your data to a third country or international organization. However, you can, at any time, exercise your right to access your personal data, its rectification or deletion, the limitation of its treatment, as well as the right to data portability, in the legally established manner; that is, by means of a communication sent to PÉREZ Y ABAD MÁRMOLES, S.L., at the address email@example.com, attaching a copy of their DNI / NIE / PASSPORT.
The data will be kept for as long as the collaboration is maintained, unless you exercise your control rights and, later, for the time necessary for the fulfillment of any legal obligation or derived from the pre-existing legal relationship.
The parties agree that any information exchanged, provided, or created by PÉREZ Y ABAD MÁRMOLES, S.L. will be kept strictly confidential. The Authorized Person may only disclose confidential information to those who need it and are previously authorized by the party whose confidential information it is. Confidential information is also considered: a) That which as a whole or due to the exact configuration or structuring of its components, is not generally known among experts in the corresponding fields; b) The one that is not easily accessible; and, c) That information that is not subject to reasonable protection measures, in accordance with the circumstances of the case, in order to keep it confidential. All information sent to the Authorized Party is the exclusive property of the party from which it comes. Consequently, you will not use information from the other for your own use without prior consent.
11. RESOLUTION OF DISPUTES AND DETERMINATION OF THE APPLICABLE LAW:
In the event of a discrepancy regarding the validity, execution, or interpretation of this Contract, the parties agree to resolve it amicably. However, in the event that the parties do not reach an agreement through negotiation, the intervening parties expressly agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this Contract or related to it, directly or indirectly, is they will settle definitively through arbitration, within the framework of the Alicante Arbitration Court (Spain), based in the Official Chamber of Commerce, Industry and Navigation of Alicante (Spain), which is entrusted with the administration of arbitration and the appointment of the arbitrators, in accordance with its Regulations and Statutes, which will be resolved by applying Spanish law.