GENERAL SALES CONDITIONS
1. ORDERS
1.1 Product orders may be placed by telephone and in writing, the products will be communicated exactly with the quantities requested, and with its reference.
1.2 FORANKRA ESPAÑA, S.L.U will confirm the order in writing, with the prices, the agreed characteristics and informing the approximate delivery time. The customer will have twenty-four hours to reject expressly and in writing the proposal of FORANKRA ESPAÑA, S.L.U, for understanding that the conditions under which the order has been accepted are not acceptable. In the event that FORANKRA ESPAÑA, S.L.U, does not confirm expressly and in writing the customer's order, it is understood to be rejected.
1.3 Any modification after the acceptance of an order, which is requested by the buyer, will be subject to the approval of FORANKRA ESPAÑA, S.L.U who will not be obliged to accept it, and these modifications will result in the study of a new budget. In case of not
acceptance of the modification by FORANKRA ESPAÑA, S.L.U , the previous order of the buyer will be maintained in its entirety, in the conditions in which it was accepted, and will not imply in any case the cancellation or invalidity of the same. If the material is already being manufactured, FORANKRA ESPAÑA, S.L.U will determine the value of these modifications, which must be paid separately.
1.4 The minimum order amount is 250,00€ excluding VAT. All orders below 250,00€ will be charged an amount of 10,00€ (excluding VAT), as a handling fee.
1.5 Those urgent orders that have to be manufactured in 2-3 days by imperative of the client, that cannot wait for the delivery confirmed by FORANKRA ESPAÑA S.L.U., will have an extra charge of 50€ (VAT excluded).
2. RATES AND PRICES
2.1 FORANKRA ESPAÑA, S.L.U will periodically update the general rates of sale prices of its articles, as well as the general conditions that will regulate thesales. Orders already confirmed and pending delivery will be kept in the same conditions that were contracted, except for substantial changes in the selling price of raw materials, which may be passed on to the customer.
2.2 The prices set forth in the tariffs are net prices. Taxes levied on the sale and payable by the purchaser are not included. They also do not include shipping costs and, where appropriate, transport insurance.
DELIVERIES
3.1 No liability may be claimed when the delivery of the goods is prevented or delayed due to lack of stock, due to force majeure or other causes beyond the control of FORANKRA ESPAÑA, S.L.U. In this case, FORANKRA ESPAÑA, S.L.U. will deliver to the buyer the goods available and will inform the buyer of the incidents and, where appropriate, of the cancellation of the sale for the remainder that could not be delivered. The goods actually delivered will be invoiced by FORANKRA ESPAÑA, S.L.U and paid by the buyer, in the terms agreed at the time. The buyer may not cancel an order in full for the partial delivery of the goods ordered.
3.2 The goods sold are always sent freight collect. Exceptionally FORANKRA ESPAÑA, S.L.U. will offer the customer the possibility of sending the goods carriage paid, to your home, provided that it acquires, in a single order, a minimum amount of merchandise that will be duly communicated to the customer.
3.3 It shall be understood as delivered goods all the material withdrawn from the warehouse of FORANKRA ESPAÑA, S.L.U.
4CLAIMS
4.1 Claims for any kind of defect in the delivered goods, must be made within eight days of receipt.
4.2 No return of goods will be accepted after 15 days of delivery, without prior authorization of FORANKRA ESPAÑA, S.L.U. In no case will be accepted return of goods of special manufacture or characteristics made at the request of the buyer, except as provided in the sixth clause on warranty for defective product.
4.3 In case of justified claim for failure or defect of the supply, any repairs or replacements do not entitle the buyer to compensation, suspension of payments or to cancel all or part of the order, provided that FORANKRA ESPAÑA, S.L.U proceeds to solve, within a maximum period of 60 days the customer's claim in a satisfactory manner, either by proceeding to repair, or replacing the defective product with a new one.
4.4 For any dispute that may arise with respect to this document, as well as on the conditions of sale of the products of FORANKRA ESPAÑA, S.L.U, both parties, waiving their own jurisdiction, expressly submit to the Courts and Tribunals of the city of Barcelona.
5. PAYMENTS
5.1 DOMAIN RESERVATION: The sales agreed by FORANKRA ESPAÑA, S.L.U with its customers are understood to be conditioned to the payment of the total price stipulated within the deadlines set, not being perfected until such price has been paid in full. Consequently, it is understood that the goods delivered by FORANKRA ESPAÑA, S.L.U. remain the property of the latter, until such time as the customer has not made full payment of the price. Meanwhile, they will be held by the customer as a depository, and he must comply with all obligations as such a depository, although it may use them with the diligence of a good father of a family.
5.2 In the event that the buyer fails to meet any of the deadlines, FORANKRA ESPAÑA, S.L.U. may choose between the continuation of the purchase contract, requiring full payment of the outstanding amounts, with interest, or the termination thereof, in which case FORANKRA ESPAÑA, S.L.U. may retain in its possession the total amount paid up to that moment by partial payments made for the payment of the order, as compensation for damages caused by the breach of contractual obligations and the use of the goods.
5.3 In deliveries made on the basis of partial or successive shipments, the non-payment of the invoiced amount entitles FORANKRA ESPAÑA,S.L.U. to the suspension or termination of the contract for the part not served.
5.4 Will be borne by the buyer the costs of any kind, arising as a result of delays or refunds in payments; the outstanding amounts to be paid will accrue interest on arrears of 2 percent per month, counted from the due date of the invoice.
5.5 The postponement of payment due to the customer's vacation period is only allowed if the customer advances 50% of the total amount of the invoice the month prior to the due date and 50% the month after the due date.
6. WARRANTIES
6.1 FORANKRA ESPAÑA, S.L.U guarantees its products against all manufacturing defects. This warranty is valid for a period of 6 months from the delivery of the products.
products to the customer.
6.2 Excluded from the warranty are defects or failures arising or resulting from misuse, accident or improper maintenance by the buyer, as well as products modified in any way by the buyer or by third parties.
6.3 The purchaser shall immediately notify FORANKRA ESPAÑA, S.L.U. in writing of any anomaly observed in the product.
6.4 This warranty only covers the free replacement of the defective part with a new one of the same characteristics, when FORANKRA ESPAÑA, S.L.U. has verified the correct use and installation of the part to be replaced.
6.5 FORANKRA ESPAÑA, S.L.U is not responsible for any damages, expenses or losses that may arise from an incorrect use of its products or that occur because those have been altered or modified in characteristics or structure by a person outside FORANKRA ESPAÑA, S.L.U
7.DATA PROTECTION
In accordance with the provisions of the Spanish Data Protection Act .
Personal Character, we inform you that your data will be or are already included in an automated file property of FORANKRA ESPAÑA, S.L.U. For the exercise of the rights of access, rectification, cancellation or opposition, you can contact at any time to this entity, at the address located at Calle L' Alguer 2. Nave 1 A. Polígono La Creueta. 08130 - Santa Perpètua de Mogoda, BARCELONA. The holder also has the possibility of obtaining, in an organized and commonly used electronic format, a copy of the data being processed. He/she may decide to transmit such data to another system provided that the data subject to such transmission are subject to automated processing. The data provided will be kept in the property of FORANKRA ESPAÑA S.L.U. for as long as the existing contractual relationship is maintained or until the applicable statute of limitations for the appropriate legal obligations have elapsed.
