GENERAL TERMS AND CONDITIONS OF SALE 

PÉREZ Y ABAD MÁRMOLES, S.L.

  • SCOPE:

Commercial transactions relating to products supplied by PÉREZ Y ABAD MÁRMOLES, S.L. are subject to the following General Terms and Conditions of Sale, which shall be reflected in the relevant order confirmations and shall in addition, the commercial invoices for products from PÉREZ Y ABAD MÁRMOLES, S.L. will contain an express reference to these General Terms and Conditions of Sale:

  • ORDERS:

Orders shall be accepted in writing and shall only be binding once accepted by PÉREZ Y ABAD MÁRMOLES, S.L. by means of an order confirmation, also in writing. The Customer must check the order confirmation and notify us immediately and in writing of any errors. Otherwise, the description of the Product in the order confirmation shall form part of this Contract and shall be binding on the parties. PÉREZ Y ABAD MÁRMOLES, S.L. shall not accept any modifications or cancellations of the order.

Orders are 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. PÉREZ Y ABAD MÁRMOLES, S.L. shall not be bound by any offers and/or commitments made by sales representatives external to the company until such time as they have been confirmed in writing via its head office. Quotations or financial offers shall only be valid in writing and for the period specified therein. If no period is specified, it shall be 30 days.

  • PRODUCTS:

The Products are described in the catalogue or on the website of PÉREZ Y ABAD MÁRMOLES, S.L. and may be modified, without prior notice, to comply with any applicable specifications. PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to suspend, either temporarily or permanently, the supply should exceptional circumstances arise that prevent the full or partial fulfilment of its obligations as the selling party. In this case, this Contract shall be terminated without the purchasing party being entitled to claim compensation from the selling party for any damages or losses.

Similarly, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to cancel the order at any time due to objective circumstances beyond its control.

  • PRICES AND TERMS OF PAYMENT:

The price of the Products shall be the price set out in the Commercial Offer. Therefore, the descriptions and costs of the Products appearing in the catalogue and in the price list of PÉREZ Y ABAD MÁRMOLES, S.L. are for guidance only, provided solely for the purpose of providing greater clarity and information regarding said Products. However, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to make, without prior notice, any modifications, corrections and/or cancellations it deems appropriate in relation to them.

PÉREZ Y ABAD MÁRMOLES, S.L. also reserves the right to retain ownership of the Products in the event of total or partial non-payment of the order. If the Customer refuses delivery without the prior approval of PÉREZ Y ABAD MÁRMOLES, S.L., any resulting costs or damages shall be borne by the Customer, including storage costs until acceptance. PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable for delays in the delivery of the goods arising from a lack of authorisation by the bank.

PÉREZ Y ABAD MÁRMOLES, S.L. also reserves the right to suspend the supply of the Products if the Customer has failed to meet any of the agreed payment obligations. Such failure to pay shall entitle PÉREZ Y ABAD MÁRMOLES, S.L. to claim from the Customer the corresponding compensation for damages, 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. further reserves the right to claim other sums to cover the value of the loss suffered as a result of the breach (actual loss) and the loss of profit resulting from the breach (loss of earnings), as well as any other damages caused by the breach of contract. Similarly, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to suspend, either temporarily or permanently, such supply if exceptional circumstances prevent it from fulfilling its obligations in whole or in part. In this case, this Contract shall be terminated without the Customer being entitled to claim compensation for any damages from PÉREZ Y ABAD MÁRMOLES, S.L.

It should be noted that this transaction is exempt from VAT, pursuant to Article 25 of Law 37/1992 of 28 December on Value Added Tax (“Exemptions on supplies of goods destined for another Member State”), unless it takes place within Spanish territory.

  • DELIVERY AND TRANSPORT OF THE GOODS:

Unless otherwise agreed, all Products will be dispatched from the warehouses of PÉREZ Y ABAD MÁRMOLES, S.L. Delivery will be made within the approximate timeframe indicated by PÉREZ Y ABAD MÁRMOLES, S.L. in the Order confirmation. These timeframes are indicative; they are neither guaranteed nor binding.

If delivery of the goods is made under EXW Novelda (Alicante)-Spain INCOTERMS 2020 or FOB Novelda (Alicante)-Spain INCOTERMS 2020 terms, the transport company shall be designated by the Customer. PÉREZ Y ABAD MÁRMOLES, S.L. is under no obligation to accept delivery of the Products from the transport company designated by the Customer.

However, if delivery of the goods is made under CFR Novelda (Alicante), Spain, INCOTERMS 2020 terms, the transport company shall be appointed by PÉREZ Y ABAD MÁRMOLES, S.L. In this case, subcontracting of the transport shall be prohibited, in accordance with the provisions of Chapter VI of Law 15/2009 of 11 November on contracts for the carriage of goods by land.

PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable for any costs incurred due to failure to meet the delivery date caused by the transport company.

Both ownership and the risk of damage and/or loss of the Products shall pass to the Customer at the moment PÉREZ Y ABAD MÁRMOLES, S.L. has handed the Products over to the carrier or to the Customer themselves. This international commercial transaction is subject to the Customer’s corresponding risk cover.

Similarly, PÉREZ Y ABAD MÁRMOLES, S.L. shall not accept any liability for any loss or damage that the Customer may incur in the event of an unavoidable delay in delivery. Title to and risk of loss in respect of the products shall pass to the Customer upon delivery.

Due to the nature of the natural material, once the Product has been loaded by the designated transport company, PÉREZ Y ABAD MÁRMOLES, S.L. will not accept any discrepancies regarding the goods received by the Customer.

  • RETURNS:

In accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users, due to the nature of the Product as a natural material and the fact that it is made to order and/or personalised, it cannot be returned, cancelled and/or modified. Consequently, PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable to the Customer or any third party for any claims or damages relating to the Products.

  • DISCLAIMER OF LIABILITY:

PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable for any changes the Product may undergo due to the nature of the natural metamorphic material.

  • FORCE MAJEURE:

PÉREZ Y ABAD MÁRMOLES, S.L. shall not be liable for the total or partial breach of its contractual obligations where such breach is due to force majeure or unforeseeable circumstances, understood as those events which are unforeseeable or, even if foreseeable, unavoidable, and which are beyond the reasonable control of PÉREZ Y ABAD MÁRMOLES, S.L.

By way of example and without limitation, the following shall be considered cases of force majeure: armed conflicts, wars (whether declared or not), riots, terrorist acts, blockades, embargoes, international sanctions, disruptions to supply chains, energy crises, pandemics, natural disasters, strikes, lockouts, government restrictions, as well as any other circumstance that directly or indirectly affects the production, transport or delivery of the Products.

In such cases, PÉREZ Y ABAD MÁRMOLES, S.L. shall be entitled to suspend, delay or cancel, in whole or in part, the performance of its obligations without this giving rise to any right to compensation on the part of the Customer.

If the force majeure situation continues for a period that renders performance of the contract unfeasible, PÉREZ Y ABAD MÁRMOLES, S.L. may terminate the contract without any liability, without prejudice to the amounts accrued up to that point.

  1. DATA PROTECTION: 

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR); Law 34/2002 of 11 July on information society services and electronic commerce (LSSICE); and Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD), PÉREZ Y ABAD MÁRMOLES, S.L. hereby informs you that any personal data it holds will be included in files owned by the company, the purpose of which is the management of suppliers and customers, the provision of contracted services, commercial follow-up of customers and other commercial communication activities.

PÉREZ Y ABAD MÁRMOLES, S.L. will not transfer such personal data to third parties, except where required by law or as a consequence of the existing legal relationship. Likewise, PÉREZ Y ABAD MÁRMOLES, S.L. hereby informs you that it does not intend to transfer such data to a third country or international organisation.

However, the data subject may, at any time, exercise the right of access, the right to rectification or the right to erasure (or “right to be forgotten”), the right to restriction of processing, the right to object, the right to data portability and the right not to be subject to automated decision-making, in the manner provided for by law; that is, by sending a communication to PÉREZ Y ABAD MÁRMOLES, S.L., at the email address admin@perezyabad.com, attaching a copy of their ID card/foreigner identification number/passport.

The data will be retained for the duration of the legal relationship, unless the data subject exercises their rights of control, and thereafter for the time necessary to comply with any legal obligation or obligation arising from the pre-existing legal relationship.

  • USE OF TRADEMARKS, IMAGES, LOGOS AND DISTINCTIVE SIGNS:

The use of material protected by intellectual property rights, of which PÉREZ Y ABAD MÁRMOLES, S.L. is the owner, by the Buyer (who is “authorised” to use it), namely: trade names, logos, product names, domain names and other signs used in advertising, social media, websites, as well as on the internet in general, must comply with the legal provisions relating to the right of use. Under no circumstances may the Authorised Party modify the appearance, structure or content of the elements covered by the authorisation, nor add other elements, in accordance with the guidelines established by the management of PÉREZ Y ABAD MÁRMOLES, S.L.; failure to comply may serve as grounds for the imposition of a penalty.

The Authorised Party may only use the authorised elements in a manner that does not jeopardise the reputation or image of PÉREZ Y ABAD MÁRMOLES, S.L. Should any such risk arise, PÉREZ Y ABAD MÁRMOLES, S.L. may withdraw authorisation for their use at any time. The trademarks, images, logos, signs and other distinctive marks identifying the Products manufactured or marketed by PÉREZ Y ABAD MÁRMOLES, S.L. shall be registered in accordance with the legal provisions governing intellectual property, and the laws and regulations in force.

PÉREZ Y ABAD MÁRMOLES, S.L. authorises the use of the trademarks, images, logos and distinctive signs associated with the Products manufactured or marketed by the Authorised Party for the duration of this agreement and solely for the purpose of identifying and promoting the Products exclusively within the scope of this agreement and for the benefit of the Licensor. The Authorised Party undertakes to ensure the protection of the trademark, logo, sign and distinctive marks and to take the necessary steps for their effective protection.

The Authorised Party acknowledges that the use granted to them, in accordance with these General Terms and Conditions of Sale, of the trademark, sign and photographic and/or audiovisual material, does not confer any ownership rights over them. The Authorised Party undertakes to use the trademarks, logos, signs and photographic and/or audiovisual material of PÉREZ Y ABAD MÁRMOLES, S.L. in good faith, and may use all brand names in all advertising or other activities carried out by the Licensor in the context of the promotion and sale of the Products.

The Authorised Party undertakes not to register or apply for the registration of any trademark, logo or sign belonging to PÉREZ Y ABAD MÁRMOLES, S.L. (or any similar ones that could cause confusion with those of PÉREZ Y ABAD MÁRMOLES, S.L.).

The Authorised Party shall notify PÉREZ Y ABAD MÁRMOLES, S.L. of any infringement that comes to its attention regarding the trademarks, logos, signs and photographic and/or audiovisual 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 Authorised Party is free to promote the Products via the Internet, catalogues and other commercial promotional media, but may not use the trademarks, logos, signs and photographic and/or audiovisual material registered by PÉREZ Y ABAD MÁRMOLES, S.L. without having first agreed the details of such use in writing.

The Authorised Party undertakes to: 1) Not use the trademarks and signs of PÉREZ Y ABAD MÁRMOLES, S.L. as keywords in search engines; 2) Not create websites or domains using 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) PÉREZ Y ABAD MÁRMOLES, S.L. may authorise the creation of social media profiles, provided that PÉREZ Y ABAD MÁRMOLES, S.L. acts as the administrator. Similarly, the Authorised Party must undertake to provide the access details for said social media accounts within a maximum of 7 days or whenever PÉREZ Y ABAD MÁRMOLES, S.L. so requires.  Furthermore, PÉREZ Y ABAD MÁRMOLES, S.L. reserves the right to request that the Authorised Party delete the social media profile at any time.

The Authorised Party undertakes, at the request of PÉREZ Y ABAD MÁRMOLES, S.L., to remove all advertising, whether printed, digital or online, that features the trademarks, logos, photographs, data or symbols of PÉREZ Y ABAD MÁRMOLES, S.L. within a period not exceeding 30 days.

  • CONFIDENTIALITY:

The parties agree that any information exchanged, provided or created by PÉREZ Y ABAD MÁRMOLES, S.L. shall be kept strictly confidential. The Authorised Party may only disclose confidential information to those who require it and who have been previously authorised by the party to whom the confidential information relates. The following shall also be considered confidential information: a) Information which, as a whole or due to the exact configuration or structure of its components, is not generally known amongst experts in the relevant fields; b) Information which is not readily accessible; and c) Information which is not subject to reasonable protective measures, in accordance with the circumstances of the case, in order to maintain its confidential nature. All information sent to the Authorised Party is the exclusive property of the party from which it originates. Consequently, the Authorised Party shall not use the other party’s information for its own purposes without prior consent.

  • DISPUTE RESOLUTION AND GOVERNING LAW:

For any issues or disputes that may arise from the interpretation or application of these Terms and Conditions, both parties agree to resolve them amicably and, where appropriate, to submit them to arbitration under the auspices of the Basque Court of Arbitration, with its registered office at Pº. Portuetxe nº 61 – 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 Rules and Statutes, and which shall resolve the matter by applying Spanish law.