1. OBJECT AND SCOPE OF APPLICATION
1.1 These General Conditions of Sale will govern the contractual relations between CERÁMICAS TÉCNICAS GALEGAS, S.L. and its customers, except in everything that is expressly agreed differently in the corresponding offer or in the order acceptance and that constitutes particular conditions for them.
1.2. The Customer is considered to have knowledge of these General Conditions from the moment they are communicated to the customer on the web page on which they are found.
1.3. The Client accepts, in all events and for all purposes, these General Conditions of Sale, when placing their order.
1.4. Any reference to general or particular conditions of sale of the Customer that may appear in their documents, whenever they were made, will in no case bind CERÁMICAS TÉCNICAS GALEGAS, S.L., and cannot, in any event, be considered as an integral part of the contract even in the event that CERÁMICAS TÉCNICAS GALEGAS, S.L. has not expressly rejected them.
2.1. All orders submitted to CERÁMICAS TÉCNICAS GALEGAS, S.L. must be clearly identified in writing, and must include the quantity, material, measurements, delivery address, shipping method, and service conditions requested.
2.2. CERÁMICAS TÉCNICAS GALEGAS, S.L. reserves the discretionary right to cancel or request guarantees in relation to accepted orders, provided that it gives notice of any circumstance that, in its opinion, makes it doubt the financial or assets solvency of its customer.
3. PRICE AND METHOD OF PAYMENT
3.1. The sale price of the products will be that expressly agreed between CERÁMICAS TÉCNICAS GALEGAS, S.L. and the Customer. The corresponding taxes must be added to these prices.
3.2. Payment will be made under the conditions expressly agreed between CERÁMICAS TÉCNICAS GALEGAS, S.L. and the Customer.
3.3. In the event that additional costs are incurred as a result of an order of any kind, it will be stated in the offer, budget or order and those expenses will be borne by the Customer, who must pay them together with the amount for the products supplied.
3.4. In the event of delay in payments by the Customer, unless it is expressly agreed, the Customer must pay CERÁMICAS TÉCNICAS GALEGAS, S.L., without any requirement and from the due date of the payment, the late-payment interest, which will be calculated in accordance with the provisions of Law 15/2010, of July 5. The payment of this interest will not release the Customer from the obligation to make the rest of the payments under the agreed conditions.
3.5. If the Customer incurs in delays in the agreed payments or ceases its activity, CERÁMICAS TÉCNICAS GALEGAS, S.L. may suspend, provisionally or definitively, or cancel, as it deems appropriate, orders pending at that time, block the account and/or the supply of products. This is without prejudice to requiring the Customer to make late payments and to claim from the Customer, where appropriate, additional compensation for the suspension or cancellation of the supply or execution.
4. DELIVERY TIMES
4.1. The delivery times for Product orders will be those agreed between CERÁMICAS TÉCNICAS GALEGAS, S.L. and the Customer.
4.2. The delivery times will be understood to be set on an estimated or approximate basis, and in no case will compliance be essential. Therefore, CERÁMICAS TÉCNICAS GALEGAS, S.L. will not be responsible to the Customer for any delays in Product deliveries.
4.3. The Client accepts the shipment of partial batches of products when there are service, production or storage circumstances that require it.
5. PLACE AND METHOD OF DELIVERY
5.1. Product deliveries will always be governed by the INCOTERM regulations in force at the time.
5.2. In all events, whether the cost of the transport is assumed by CERÁMICAS TÉCNICAS GALEGAS, S.L. or by the Customer, product deliveries will be understood to have been made at origin, at the time of being made available to the carrier, and the merchandise will be shipped at the risk and expense of the acquiring party.
6. RESERVATION OF OWNERSHIP
6.1. CERÁMICAS TÉCNICAS GALEGAS, S.L. expressly reserves the ownership of the supplied product until the Customer has fully made the payment for it and, where appropriate, any late-payment interest generated.
6.2. In the event of non-payment of the goods supplied, CERÁMICAS TÉCNICAS GALEGAS, S.L. may choose between exercising its retention of ownership and recovering the goods with the relevant compensation for commercial depreciation and deterioration, or claiming the price plus interest on late payment.
7. CLAIMS AND RETURNS
7.1 No claim will be admitted after a period of 60 days from our delivery date for material considered defective, or for possible error in supply.
7.2 No returns will be accepted without prior agreement between CERÁMICAS TÉCNICAS GALEGAS, S.L. and the Customer. No return of material that has been tampered with or is in poor condition will be accepted.
7.3. The responsibility of CERÁMICAS TÉCNICAS GALEGAS, S.L. for claims arising from the fulfilment or non-fulfilment of its contractual obligations will not exceed, in total, the basic contractual price and will not include, in any event, damages derived from loss of profits, loss of income, production or use, capital costs, downtime costs, delays and claims from the Buyer’s customers, replacement energy costs, loss of anticipated savings, increased operating costs, or any particular, indirect or consequential damages or losses of any kind.
8. FORCE MAJEURE
8.1 CERÁMICAS TÉCNICAS GALEGAS, S.L. will not be responsible for non-compliance or delay in the fulfilment of its obligations to the Customer if this is motivated by any unforeseeable circumstances or force majeure that affects either CERÁMICAS TÉCNICAS GALEGAS, S.L. or its suppliers or carriers; this includes strikes, other labour or industrial contingencies, lack or inability to obtain raw materials, pandemics, etc.
8.2. If the cause of force majeure lasts for more than 2 months, CERÁMICAS TÉCNICAS GALEGAS, S.L. or the Client may consider the orders for Products in progress to be cancelled and without effect, without accruing any indemnification or compensation in favour of the Customer.
9. APPLICABLE LEGISLATION AND JURISDICTION
9.1 These General Conditions of Sale will be governed by, and interpreted in accordance with, Spanish law.
9.2. The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Vigo.