GENERAL TERMS AND CONDITIONS OF SALE

 

DISEÑO AHORRO ENERGÉTICO, SLU

Rambla Països Catalans, 10 nave 25

08800 Vilanova i la Geltrú Barcelona

Inscrita en el Registro Mercantil de Barcelona Hoja B499355 Folio 36 Tomo 45797 del Libro de Sociedades. Sección General

 

1. General.

1.1 The sales of our products will be governed by these General Conditions of Sale, except in everything that is expressly agreed in a different way in the corresponding offer or in the acceptance of the order and that constitutes the particular conditions of the same. Therefore, for all purposes, any other conditions that have not been expressly accepted by Diseño Ahorro Energético, SLU (hereinafter referred to as the Seller) have no value.

 

2. Intellectual and Industrial Property Rights.

The intellectual and / or industrial property of the offer, in all its terms, and the information attached to it, as well as that of the products to be sold and that of the elements, plans, drawings, “software”, etc., incorporated or related to them, belongs to the Seller, so it is expressly prohibited its use by the Buyer or any other third party not authorized for other purposes than the completion of the order, as well as its total or partial copy or transfer of Use in favor of third parties without the prior written consent of the Seller.

The Seller may provide the details of the installation or sale as part of its commercial references, with respect to the regulations on the protection of personal data.

 

3. Fomalization of Orders and Scope of the Purchase

.3.1 The scope of the sale must be clearly specified in the Purchaser’s order. To be considered effective, the order must receive an express acceptance by the Seller. Orders placed online will be governed by the conditions indicated in the system created for that purpose. 

3.2 The sale includes only the products that are the object of the order, except in those cases in which, in the Buyer’s order that has been accepted by the Seller, some additional documentation, information, support or service is explicitly included. 

3.3 The modifications and/or variations of the scope, terms or other terms of an order that can be proposed by one of the Parties, must be notified to the other party, always in writing, and, in order to be valid, they must be accepted by said party. Modifications and/or variations that are caused by changes in the legislation, regulations and applicable regulations that occur after the date of presentation of the corresponding offer will also be considered; if such modifications and/or variations come to impose additional or more burdensome obligations on the Seller, he will be entitled to an equitable adjustment of the contractual terms that fully reflects the consequences of the new or modified law or regulation, or right to the buyer to terminate the contract.

 

4. Pricing.

4.1 The prices of the budgeted products include the value added tax (VAT) that, if applicable, is applicable. Prices include packaging but do not include transportation, loads or insurance. These prices are only valid for the order of all the products specified in the offer. In each purchase process will be reported separately shipping costs.

4.2 In the case of offers prior to the order, the prices offered will have the temporary validity indicated in each case and in this period they will be considered as fixed for the payment conditions and amounts specified in the offer.

4.3 Once the order is accepted by the Seller, the prices will be considered fixed and not subject to revision. However, a price revision will be applicable when: 

  1. It has been agreed between both parties, Buyer and Seller.
  2. The order has been modified at the request of the buyer, and, in general, any variation and / or modification occurs under the provisions of these conditions.
  3. The prices have been quoted in a currency other than the EURO to the extent that it has experienced a change in parity with respect to the EURO from the date of the order to the contracting dates of each milestone. 

 

5. Conditions Of Payment.

5.1 The offer of the Seller or, in case there is no such, the Buyer’s order accepted by the Seller, will include the payment terms. Pre-specified payment conditions may also be used within the framework of a continuous commercial relationship agreement between the Buyer and the Seller. Said payment conditions must comply with the provisions of Law 15/2010, of July 5, amending Law 3/2004, of December 29, which establishes measures to combat late payment in commercial transactions, without exceeding in any case the maximum terms established therein.

5.2 In the absence of another agreement, the payment term will be that stipulated by Law 15/2010, of July 5, of amendment of Law 3/2004, of December 29. 

5.3 Payment will be made under the agreed conditions, in the Seller’s bank account or through another agreed procedure. The payment will be made without any deduction such as non-agreed withholdings, discounts, expenses, taxes or fees, or any other deduction.

5.4 If, for reasons beyond the control of the Seller, the delivery, assembly or start-up or receipt of the products is delayed, the terms and contractual payment terms will be maintained. 

5.5 In the event of delay in payment by the Buyer, and unless otherwise expressly agreed, the Buyer will have to pay the Seller, without any requirement and from the due date of the payment, the late payment interest, which will be They will calculate in accordance with the provisions of article 7 of Law 3/2004, of December 29. The payment of these interests will not release the Buyer from the obligation to make the rest of the payments under the agreed conditions. 

5.6 In the event that the Buyer incurs delays in the agreed payments, the Seller may suspend provisionally or definitively, at its option, the shipment of the products, without prejudice to requiring the Buyer to make the overdue payments and to claim him , if applicable, additional compensation for this suspension.

5.7 The products that are the object of the order will be supplied under reservation of title in favor of the Seller, until the buyer’s payment obligations are fulfilled, the latter being obliged to cooperate and adopt whatever measures are necessary or convenient and those proposed by the Seller to Safeguard your property on such equipment and materials. 

 

6. Transportation

6.1 Shipping is always at the customer’s expense unless expressly agreed.

 

7. Deadline and Conditions of the Delivery

7.1 The delivery term is understood for the products delivered in the form and conditions indicated in the acceptance of the order, the Buyer having previously made the payments foreseen in his case.

7.2 The delivery period will be modified when: 

  1. The Buyer does not deliver on time the documentation that is necessary for the delivery of the products.
  2. The Buyer requires modifications to the order, which are accepted by the Seller and which, in the opinion of the Seller, require an extension of the delivery period.
  3. For the delivery of the products it is essential the execution of works by the Buyer or its subcontractors and these have not been executed on time.
  4. The Buyer has breached any of the contractual obligations of the order, especially that which refers to payments.
  5. For reasons not directly attributable to the Seller there are delays in the production or disposal of all or some of the elements of the product. Illustrative, but not limiting, include the following causes of delay: strikes of suppliers, transportation and services, failures in third-party supplies, failures in transportation systems, floods, storms, riots, strikes, strikes of personnel of the Seller or its subcontractors, sabotages, accidental stops in the Seller’s workshops due to breakdowns, etc. and the causes of force majeure contemplated in the current legislation. In these cases the buyer may opt for the contractual resolution without costs, when the delivery period has been agreed as an essential element of the operation and the delay is of such an entity that implies lack of conformity. 

7.3 The delivery dates indicated will be indicative, and not binding, not assuming Seller. No responsibility for delays in delivery. The delivery times indicated in the offers are always in relation to the date of the offer. The delivery time at the moment of the order will suffer a variation at least equivalent to the delay in the confirmation of the order and may be modified according to the situation of the order book of the Seller. 

 

8. Return, Claim or Withdrawal.

8.1 DAE will inform of the indicative deadlines for the delivery of the orders.

8.2. DAE guarantees to customers who hold the status of consumers the rights recognized by Royal Legislative Decree 1/2007, of November 19. The products sold by DAE and purchased by customers who hold the legal status of consumer, and provided that they are operations that have legally recognized the right of withdrawal, have a period of fourteen days from receipt of the order to withdraw from the contract and make the return of the purchased product. The client will inform DAE within the stipulated period and by any means admitted by law, his desire to exercise his right of withdrawal. The customer will pay the return costs. 

8.3 The customer may return any item purchased in the cases in which the Law expressly recognizes such power. In these cases, DAE will return the purchase money by means of a credit transfer, by means of a bank transfer to the account indicated by the customer or by crediting your personal account within a maximum period of 14 days, counted from receipt of the product. legal prescription to the contrary. DAE reserves the right to reimburse the amount corresponding to the purchase withdrawn until the full receipt of the goods, as well as to refuse the withdrawal if the object returned was in conditions that do not allow its reception (for damage, handling, etc.) , or discount the expenses that must be incurred for the recovery or restoration of the product subject to withdrawal.

8.4 If a product other than that requested by the customer was delivered by mistake of DAE, it will be removed and the correct product will be delivered without any additional charge to the buyer.

8.5 For any incident related to the return of items from our store you can contact our Customer Service Department via E-mail i@dae.es. Claims that may be presented by clients who hold the status of consumers under the terms of current legislation will be handled by DAE’s customer service; they can be sent to any of the contact data specified in this legal notice, and will be answered by the appropriate means within a maximum period of 30 days. In the event of a complaint or rejection by DAE, the consumer can contact the consumer organizations of its autonomous community or use the platform of REGULATION (EU) 524/2013 of the European Parliament and of the Council, of May 21, on resolution of online consumer litigation (http://ec.europa.eu/odr)

 

9. Guarantees.

9.1 The products sold through this website have a guarantee period of 2 years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; If they were used items, the period will be 1 year. The consumer and user must inform of the lack of conformity within two months of having knowledge of it.

In case of lack of conformity, it will proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer. The consumer must inform the seller of the lack of conformity within two months of having knowledge of it. The guarantee is not applicable to faults or defects caused by accident, negligence or misuse of the product

9.2 In no case shall the Seller take charge of the repairs carried out by personnel outside his organization.

9.3 The guarantee is not applicable in case of deterioration that is not directly attributable to the normal operation of the product, such as breakdowns resulting from impacts, handling errors, interventions or attempts of intervention of the customer in the material for maintenance, repair or maintenance operations. Adjustment or any other modification made by the customer. In addition, they are excluded from the warranty, which will also be considered expired, damages and defects caused by improper maintenance or storage, incorrect or negligent storage or use, abuse, use of inadequate liquids and gases as well as inadequate flow or pressure, assemblies defective, variations in the quality of the electrical supply (voltage, frequency, disturbances, …), modifications introduced without the approval of the Seller, installations made or modified subsequently without following the technical instructions of the product and, in general, any cause that is not attributable to the Seller.

 

10. Limitation Of Liability For Buyers Who Do Not Observe The Condition Of Consumers.

10.1 The liability of the Seller, its agents, employees, subcontractors and suppliers for claims arising from compliance or breach of its contractual obligations, shall not exceed the basic contractual price and shall not in any way include losses resulting from lost profits, loss of income , production or use, capital costs, costs of inactivity, delays and claims of Buyer’s customers, replacement energy costs, loss of expected savings, increase of operating costs or any special, indirect or consequential damages or losses of any kind . The limitation of liability contained in this clause shall prevail over any other contained in any other contractual document that is contradictory or inconsistent with it, unless such provision further restricts the responsibility of the Seller. 

10.2 The buyer is aware and expressly accepts that some products manufactured by the Seller do not have CE marking, due to the design’s authorship, exempting the Seller from any liability.

 

11. Export Limitation.

11.1 The buyer acknowledges that the products being sold by the Seller may be subject to local or international provisions and regulations relating to export control and, without the authorizations to export or re-export from the competent authorities, can not be sold, lease, assign, transfer, etc., the products sold or use them for any purpose that is not agreed. The buyer is responsible for complying with such provisions and regulations. The products sold can not be used directly or indirectly, in connection with the design, production, use or storage of chemical, biological or nuclear weapons neither for their transport systems nor for military applications.

 

12. Applicable Law. Submission To Jurisdiction And Competition.

These Conditions will be governed by, and interpreted in accordance with, the Spanish laws. The parties expressly waive any other jurisdiction that may correspond to them and submit themselves to the jurisdiction and competence of the Courts and Tribunals of Vilanova i la Geltrú, Barcelona, to the extent that such submission does not contravene mandatory procedural norms to the contrary.

 

INFORMATION ANNEXES (ONLY APPLICABLE TO ASSUMES OF ACQUISITION OF PRODUCTS WITH CONTRACTUAL OR LEGAL RECOGNITION OF THE RIGHT OF WITHDRAWAL)

Information on the exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification

The withdrawal period will expire after 14 calendar days of the day (1).

To exercise the right of withdrawal, you must notify us (2) your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by mail, fax or email). You can use the model of withdrawal form below, although its use is not mandatory (3).

In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding deadline expires.

Consequences of the withdrawal

In case of withdrawal, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the choice of a different mode of delivery than the least expensive delivery method). ordinary that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, it will not incur any expenses as a result of the reimbursement (4)

Instructions for completing it

(1) Insert one of the expressions that appear in quotes below:

  1. in the case of a service contract or a contract for the supply of water, gas or electricity – when they are not packaged for sale in a defined volume or in certain quantities -, heating by urban systems or digital content do not lend in a material support: “of the conclusion of the contract”;
  2. in the case of a sales contract: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods”;
  3. in the case of a contract for delivery of multiple goods ordered by the consumer and user in the same order and delivered separately: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods “;
  4. in case of delivery of a good composed of multiple components or parts: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the last component or part”;
  5. in the case of a contract for the periodic delivery of goods during a specific period: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the first of those goods”.

(2) Insert your name, your full address and, if you have them, your telephone number, your fax number and your email address.

(3) If you offer the consumer and user on your website the option to fill in and electronically send information regarding your withdrawal from the contract, insert the following text: “You also have the option to fill in and send electronically the model form for Withdrawal or any other unambiguous statement through our website [insert the electronic address] If you resort to that option, we will notify you without delay in a durable support (for example, by email) the receipt of such withdrawal. “

(4) In the case of a sales contract in which you have not offered to pick up the goods in case of withdrawal, insert the following information: “We may withhold the refund until we have received the goods, or until you have submitted a proof of the return of the same, according to what condition is met first “.

(5) If the consumer and user has received goods covered by the contract, insert the following text:

(a) insert:

– “We will collect the goods”, or

– “You must return or give us directly the goods or … (insert the name and address, if applicable, of the person authorized by you to receive the goods), without undue delay and, in any case, no later than term of 14 calendar days from the date you notify us of your decision to withdraw from the contract, the deadline will be considered fulfilled if you return the goods before the end of that period “;

(b) insert:

– “We will take care of the costs of returning the goods”;

– “You must assume the direct cost of returning the goods”;

– If, in a distance contract, you do not offer to take charge of the return costs of the goods and the latter, by their nature, can not be returned normally by mail: “You must assume the direct cost of return of goods, … euros (insert the amount) “; or, if a reasonable calculation of the return cost of the goods can not be made in advance: “You will have to assume the direct cost of returning the goods, which is calculated to be approximately … euros (insert the amount) as maximum “, or

– If, in a contract concluded outside the establishment, the goods, by their nature, can not be returned normally by mail and have already been delivered to the address of the consumer and user at the time of the contract: “We will collect our cargo the goods “;

(c) “You will only be responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods”.

(6) In the case of a contract for the provision of services or for the supply of water, gas or electricity – when they are not packaged for sale in a limited volume or in certain quantities – or heating by urban systems, insert the following : “If you have requested that the provision of services or water / gas / electricity / heating by urban systems (delete what does not apply) start during the withdrawal period, we will pay an amount proportional to the part already provided of the service at the moment you have notified us of your withdrawal, in relation to the total object of the contract “.

 

Form of withdrawal form

(You must only copy it and send this form if you wish to withdraw from the contract)

 

– At the attention of Ahorro Energético Design, SLU Rambla Països Catalans, 10 nave, 25 08800 Vilanova i la Geltru email: i@dae.es.

– I hereby communicate / communicate (*) that I desist from my / we desist from our (*) contract of sale of the following good / benefit of the following service (*)

– Order on ____________________ / received on ____________________.

– Name of the consumer and user or consumers and users _____________________________________________________________________________

– Address of the consumer and user or consumers and users ________________________________________________________________________________

– Signature of the consumer and user or consumers and users (only if this form is presented on paper)

 

 

 

– Date_____________

(*) Delete as appropriate.