Business general conditions

General conditions of sales and delivery of Suministros Arsam, S.A.

1.1 These general terms and conditions are applicable to deliveries to "contractors", that is, to individuals, legal persons or companies with legal capacity that establish a commercial relationship with us in the exercise of their commercial or independent activities, as well as deliveries to "consumers", that is, individuals who establish commercial relationships with us outside of a commercial or independent activity. 

1.2 All offers, deliveries and services, as well as contracts concluded between ARSAM Supplies as a supplier and buyers are subject to these terms and conditions. Other conditions apply only to the extent that this has been expressly agreed in writing.

1.3 When placing an order, the buyer expressly declares that he wants to buy the ordered products. The contract is concluded by expressly confirming the order by us or by executing the order by delivering the goods.

1.4 The content of the advertising brochures and catalogs, as well as the indications in the technical documentation and the promises of the given characteristics, lack contractual value in the absence of an express written agreement. The availability of the manufacturer's products remains reserved. Assembly and operation instructions are only part of the delivery if the manufacturer makes them available.

1.5 For special tools made individually, the buyer assumes responsibility for the accuracy of the information (drawings, dimensions, etc.) that he has placed at his disposal. To avoid errors and the costs that follow, these instructions should always be sent in writing. Special tools are not returned or exchanged.

2.1 Unless expressly agreed otherwise, all deliveries are made in accordance with the prices indicated in the Tool Shop (shop.arsam.es).

2.2 The discounts that are taken into account in the net prices will only be applied to an order of goods of at least € 100. - (without including shipping, packaging or VAT.) 

2.3 Shipping and packaging costs are invoiced separately. Additional costs, such as customs, taxes, transportation insurance, etc., are invoiced separately from the Incoterms and the shipping options chosen or agreed upon at the time oftheorder. 

2.4 The legally valid VAT will be added, where applicable, to the prices indicated.

2.5 The buyer must verify the invoice within a reasonable time, since the billing claims are no longer taken into account once the payment period has elapsed.

3.1 Payment of the purchase price can be made using the payment methods available in ToolShop (shop.arsam.es) (credit card, invoice or advance payment).

3.2 In the case of delivery against invoice, the purchase price must be paid within 30 days after invoicing. In case of delay in payment, a default interest of 8% must be paid without prior notice.

3.3 The goods delivered remain the property of Suministros ARSAM until the full payment has been made.

4.1 The minimum value of the products is 30€- per order (shipping, packaging and VAT not included). Partial deliveries remain reserved insofar as it makes sense to process the order effectively. Transportation damage must be reported immediately to the transport company in charge of the delivery.

4.2 The necessary or prescribed packaging is not included. The exceptions are specifically mentioned.

4.3 The benefits and risks pass to the buyer at the time of delivery. The contrary provisions remain reserved in accordance with the Incoterms chosen by the buyer.

4.4 To the extent that the ordered products are no longer available, the customer can cancel their order or choose a replacement item offered. The proposed replacement item may be different in terms of quality and price.

4.5 The buyer is informed that the export of certain products (including software and documentation) may be subject to limitations and authorizations, for example, due to their nature, use or location. Destination. The buyer agrees to strictly observe all the applicable provisions for control and export sanctions, in particular those of the European Union, the Member States of the European Union and those of the United States.

5.1 The buyer can return the products we have delivered within 10 business days from the date of delivery. So that we can collect the merchandise, it must not have been used, be intact, returned in its entirety and in the original packaging.

5.2 Items made individually and items that are not part of the inventory and that have been purchased specifically for the buyer do not enjoy a right of restitution.

5.3 The return is at the buyer's risk.

5.4 In the case of a legally valid exercise of the right of return, we will reimburse or improve the payments already received after receipt of the goods.

6.1 The warranty period for deliveries to contractors is 12 months from the date of delivery. For consumers, the legal guarantee period will apply.

6.2 We guarantee that the merchandise is free from defects in materials and workmanship. For products that we have not produced ourselves, the manufacturer's warranty conditions and benefits apply.

6.3 For each delivery, the buyer is obliged to check immediately after receipt if there is any external damage or if there is a delivery error or a difference in quantity. Claims must be made within 3 days after receipt of the delivery. Defects that occur during the warranty period must be reported immediately after the discovery. To the extent that no defects are found or that these are not covered by the warranty, control and shipping costs can be charged to the buyer.

6.4 In case of defects covered by the warranty, we will proceed, according to our assessment or that of the manufacturer, to repair or exchange for an equivalent good. Any other warranty is excluded; the buyer does not have a right of cancellation or a reduction in the price.

6.5 We also take care of the repair and service work of the products we offer. The resulting costs are the responsibility of the buyer. If a buyer expressly requests a quote, the costs incurred as a result and the additional processing will also be invoiced if he waives repair, respectively, to the execution of the order.

7.1 Supplies ARSAM declines all legal liability for breach of contract, breach of service, delay in delivery, guarantee or for any other legal reason.

7.2 The buyer is not entitled to compensation for damages that have not suffered the object of the delivery, such as production losses, loss of use, loss of orders, claims of third parties, loss of profits and other direct or indirect damages.

8.1 Data protection: personal data collected from the seller is treated confidentially and with due diligence. We refer you for the rest to the data protection statement available on our website shop.arsam.es

8.2 Modifications: We reserve the right to adapt or modify these general conditions at any time.

8.3 Partial validity: the invalidity of certain provisions of these general conditions or of the delivery contract entered into with the client does not affect the validity of the other provisions.

8.4 Applicable Law: this contract and all legal relationships between the parties are subject to Spanish legislation, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.5 Place of execution and jurisdiction: Subject to the mandatory legal provisions, the place of execution and jurisdiction will be Barcelona, Spain. In any case, we reserve the right to question the buyer at his headquarters or place of residence.