General terms and conditions of sale and delivery of Suministros Arsam, S.A.
1. General
1.1 These general terms and conditions apply both to deliveries to “contractors”, i.e. to natural persons, legal persons or companies with legal capacity who establish a business relationship with us in the exercise of their commercial or independent activities, and to deliveries to “consumers”, i.e. natural persons who establish business relationships with us outside of a commercial or independent activity.
1.2 All offers, deliveries and services as well as contracts concluded between Suministros Arsam as 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 By placing an order, the buyer expressly declares that he wishes to purchase the ordered products. The contract is concluded by express confirmation of the order by us or by execution of the order by delivery of the goods.
1.4 The content of advertising brochures and catalogues as well as information in technical documentation and promises of given characteristics have no contractual value in the absence of an express written agreement. The availability of the manufacturer's products remains reserved. Assembly and operating instructions are only part of the delivery if they are made available by the manufacturer.
1.5 For individually made special tools, the buyer assumes responsibility for the correctness of the information (drawings, dimensions, etc.) made available to him. To avoid errors and the costs that follow, these information must always be sent in writing. Special tools are not returned or exchanged.
2. Price
2.1 Unless expressly agreed otherwise, all deliveries are made according to the prices indicated in the ToolShop (shop.arsam.es).
2.2 Discounts taken into account in the net prices will only apply to an order of goods of at least € 100.- (excluding shipping, packaging and VAT).
2.3 Shipping and packaging costs are invoiced separately. Additional costs such as customs, taxes, transport insurance, etc. are invoiced separately from the Incoterms and shipping options chosen or agreed upon at the time of ordering.
2.4 The legally valid VAT will be added to the indicated prices, if applicable.
2.5 The buyer must check the invoice within a reasonable time, as billing claims are no longer taken into account after the payment period has elapsed.
3. Terms of payment
3.1 Payment of the purchase price can be made using the payment methods available at 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 of invoice. In the event of late payment, a late payment interest of 8% will be payable without notice.
3.3 The delivered goods remain the property of Suministros Arsam until full payment has been made.
4. Delivery and dispatch conditions
4.1 The minimum value of the products is €30.- per order (shipping, packaging and VAT not included). Partial deliveries remain reserved to the extent that it makes sense to process the order effectively. Transport damage must be reported immediately to the transport company in charge of delivery.
4.2 Necessary or prescribed packaging is not included. Exceptions are specifically mentioned.
4.3 Benefits and risks pass to the buyer upon delivery. Contrary provisions remain reserved according to the Incoterms chosen by the buyer.
4.4 To the extent that the ordered products are no longer available, the customer may cancel his 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 authorisations, for example due to their nature, use or location. destination. The buyer agrees to strictly comply with all provisions applicable to export control and sanctions, in particular those of the European Union, the Member States of the European Union and those of the United States.
5. Right of return
5.1 The buyer may return goods delivered by us within 10 working days from the date of delivery. In order for us to collect the goods, they must be unused, intact, returned in full and in the original packaging.
5.2 Individually made items and items that are not part of the inventory and have been purchased especially for the buyer do not enjoy a right of return.
5.3 The return is at the expense and risk of the buyer.
5.4 In the event of a legally valid exercise of the right of return, we will refund or improve payments already received after receipt of the goods.
6. Warranty, service
6.1 The warranty period for deliveries to contractors is 12 months from the date of delivery. For consumers, the statutory warranty period shall apply.
6.2 We guarantee that the goods are 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 upon receipt whether there is any external damage or whether there is a delivery error or a difference in quantity. Complaints must be made within 3 days of receipt of delivery. Defects that occur during the warranty period must be reported immediately upon discovery. Insofar as no defects are found or are not covered by the warranty, the costs of control and shipping may be charged to the buyer.
6.4 In the event of defects covered by the warranty, we will proceed, according to our or the manufacturer's assessment, to a repair or exchange for equivalent goods. Any other warranty is excluded; the buyer does not have a right of cancellation or a price reduction.
6.5 We also take care of the repair and service work on the products we offer. The resulting costs are the responsibility of the buyer. If a buyer expressly requests a quote, the resulting costs and additional processing will also be billed if the buyer waives the repair or execution of the order.
7. Liability
7.1 Arsam Supplies declines all legal liability for breach of contract, failure to perform, delay in delivery, warranty or for any other legal reason.
7.2 The buyer is not entitled to compensation for damages not suffered by the object of 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. Final provisions
8.1 Data protection: Personal data collected from the seller is treated confidentially and with due diligence. For the rest, we refer you to the data protection declaration available on our website shop.arsam.es
8.2 Modifications: We reserve the right to adapt or modify these general terms and conditions at any time.
8.3 Partial validity: the invalidity of certain provisions of these general conditions or of the delivery contract concluded with the client does not affect the validity of the other provisions.
8.4 Applicable law: this contract and all legal relations between the parties are subject to Spanish law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.5 Place of performance and jurisdiction: Subject to mandatory legal provisions, the place of performance and jurisdiction will be Barcelona, Spain. In any case, we reserve the right to serve the buyer at his or her headquarters or place of residence.