GENERAL TERMS AND CONDITIONS OF SALE
- In this document the following words have the meaning attributed to them below:
- “Buyer” or “Client” refers to the natural or legal person who acquires the Company’s Goods or Services.
- “Company” refers to Turbo Internacional SL or one of its associated companies or subsidiaries, as the case may be.
- “Contract” is the document signed by the Company and the Buyer by which the latter acquires a Company Good or Service.
- “Contracts” includes all Contracts signed between the Company and the Buyer, for the acquisition of Goods or Services.
- “General Conditions” means these general terms and conditions of sale.
- “Good” or “Goods” refers to the products sold by the Company and acquired by the Buyer in accordance with the Contract and the General Conditions.
- “Services” means the services provided by the Company to the Buyer in accordance with the Contract and the General Conditions.The acceptance of this contract implies the acceptance of all its conditions, without any modification of its terms being possible. The incorporation to the contract of other different clauses (or that constitute a modification) of those stipulated here will not be admitted, regardless of their entity or their substantial nature or not, without prejudice to the particular conditions established in the contracts.In particular, the Company’s non-objection to the Client’s conditions shall in no case be construed as the acceptance of such eventual Client conditions. Neither the commencement of the services nor the delivery of products by the Company shall be deemed or constitute acceptance by the latter of any general conditions of the Client. On the contrary, any communication or conduct of the Client confirming an agreement for the delivery of Products by the Company, as well as the acceptance of the Client of any delivery of Products of the Company will constitute a full acceptance of the Client of these Conditions. If the Buyer does not agree with these General Conditions, he must refrain from placing orders for Goods or Services.
- Unless otherwise agreed by a particular agreement in writing and signed by representatives of the Buyer and the Company (in the corresponding particular conditions), these General Conditions will be incorporated into all Contracts that the Buyer signs with the Company to acquire Goods and Services and will be the conditions governing said sales.
In the event that there is a contradiction between the General Conditions and the particular conditions established in the Contracts, the provisions of the latter shall prevail.
- If any statement, description, information, guarantee, condition or recommendation contained in any catalog, price list, advertisement or communication, or even those made verbally by any of the Company’s representatives or employees, contradicts what is expressly stated in the General Conditions, it will be null and void and must be understood as not put, or said, unless otherwise agreed.
- Any written estimate, estimated and / or announced price of the Goods or Services will be an invitation to establish a commercial relationship and will not imply the existence of a contract between the parties, until the Company accepts the order and communicates it to the Buyer. either verbally or in writing, as appropriate.
- The Buyer and the Company expressly agree that, when the Contract is concluded by electronic means, the information obligations prior to the start of the contracting procedure or those after the conclusion of the Contract established in Law 34/2002, of July 11, services of the information society and electronic commerce, unless the Buyer is a consumer.
- The price to be paid for the Goods and Services requested by the Buyer in each order will be that which appears in the Company’s price list on the day the Buyer’s order was recorded in the Company’s system. The Company may modify the price list at its sole discretion, with the understanding that the new prices will only be applicable to orders placed after said modification.
- The prices will be subject to VAT and those taxes that, according to current legislation, were mandatory at the time of sale.
- The Buyer authorizes the Company to present the invoices via ordinary or electronic mail, in accordance with the legislation in force at all times. Invoices will be issued in euros and for the total price of the Goods or Services, including applicable taxes and costs that will be passed on to the Buyer in accordance with the provisions of these General Conditions.
- The Company will pass on to the Buyer on its invoice the costs of packaging, insurance and transport of the Goods (these in accordance with the provisions of clause 3), the costs associated with the provision of the Services and any other additional costs arising from any alteration made to the order by the Buyer at the time of shipment or after being notified by the Company that the Goods are available to the Buyer.
- Likewise, the Company will pass on to the Buyer in the invoices all the costs that the Company may incur as a result of errors directly induced by incorrect instructions received from the Buyer or its representatives, which will in any case be borne by the Buyer.
- All orders for Goods will have associated shipping costs based on the weight of the order.
- All collections of Goods for repair by the Company outside the warranty period established in clause 8 will have associated shipping costs. Collections for repairs of goods within the warranty period will not have associated shipping costs.
- Delivery times will be subject to stock availability
- The Buyer must proceed to pay the invoices issued by the Company within 30 days from their date of issuance by direct debit, unless the Contract expressly provides another term and / or form for payment. The invoices issued by the Company will contain the applicable term and form of payment.
In those cases in which a different form and / or payment term is negotiated with the Buyer than those that are reflected in these General Conditions or, where appropriate, in the Contracts (either for one or more orders, or for a certain period of time), these conditions will appear reflected in the corresponding invoices, prevailing over the payment conditions that would be applicable in the absence of this negotiation.
- In the absence of an express provision in this regard in the Contract, in the event of the Buyer’s breach of the payment term of the invoices in accordance with clause 4.1 above, the company reserves the right to claim the default interest accrued in application of article 7 of the Law 3/2004 of December 29 to combat late payment, compensation for expenses that have arisen in application of article 8 of the aforementioned Law, as well as the costs of returning bank items, if any.
- Unless a provision to the contrary is included in the Contract, any discounts on the applicable prices that have been agreed with the Buyer, if applicable, will be conditional on the Buyer being up to date with its payment obligations with the Company. In the event that Buyers have overdue debts with the Company, the Company reserves the right not to apply the agreed discounts, as well as not to supply any other product.
- In the event of non-payment by the Buyer of the amounts owed to the Company that constitute an overdue, certain and enforceable debt, the Company reserves the right to communicate this circumstance to the entities dedicated to the provision of information services on breach of obligations. money, in accordance with the provisions of Article 29 of Organic Law 15/1999 of December 13, Protection of Personal Data, the Buyer expressly accepting the communication of their data for these purposes and the consequences that may arise from said measure.
DELIVERY OF THE GOODS
- The delivery of the Goods will take place with the provision of the same in the place indicated by the Buyer in the Contract or in the place indicated in each order, in this case subject to the express and written confirmation of the Company. The delivery of the Goods will take place within the period indicated in the Contract or in the order, as the case may be, from the date of receipt of the order by the Company or from the date of receipt of all the necessary information so that the Company may manufacture the Goods, whichever is later.
If no specific delivery period is established in the Contract and / or in the corresponding order, delivery will be made within the period that the Company deems reasonable for delivery of the Goods from receipt of the orders.
- In any case, the delivery times established in the Contract or in the order, as the case may be, and the date and time of delivery of the Goods that the Company communicates to the Buyer when confirming the orders will always be estimates and will not be essential for the Contracts, without prejudice to the fact that the Company will make its best efforts to comply with said deadlines and estimated delivery dates. The Company will not be liable in any case for non-compliance with the delivery deadlines and dates communicated to the Buyer (in particular and without limitation, for any delay that occurs in delivery due to causes beyond its control) and shall not compensate the Buyer. Buyer for any concept related to said breach.
- When the Goods are delivered to a carrier for transportation to the facilities indicated by the Buyer or to a Spanish port for export, said carrier will be considered as contracted by the Company and not by the Buyer as a consequence of the provisions contained in the applicable legislation. insofar as the transport is commissioned by the Company (without prejudice to the transport costs being passed on to the Buyer in accordance with the provisions of clause 3).
- In the event of failure to deliver the Goods, loss or damage suffered by the Goods during transportation or the lack of agreement of the Goods delivered by the Company (in quantity or type of products) with those requested by the Buyer in the Contract and in the corresponding order, the Buyer will have 2 calendar days from the date of receipt of the Goods to notify the Company, which in turn will notify the Buyer if it agrees with the reported anomalies.
If the Buyer does not notify the Company of the anomalies in the delivery within this period, it will be considered that the Goods delivered comply with what was agreed in the Contract and in the corresponding order and, consequently, that the Buyer has satisfactorily received the Goods and will be obliged to pay the Company for them the agreed price. Likewise, after this period, the Company will not respond to the Buyer for anomalies in the delivery of the Goods.
- In the event that the notification of anomalies made by the Buyer is accepted by the Company, the Company will, at its sole discretion and at its expense, choose to deliver new Goods (of the same type and in the same quantity) or for the repair of the Goods whose delivery has suffered anomalies. Once this is done, the Company will not respond to the Buyer for any concept related to anomalies in the first delivery.
The delivery of the new Goods or the repair of the Goods delivered will be the only right that the Buyer will have in the event of anomalies in the delivery of the Goods, and he may not claim any other compensation from the Company for this concept.
The return of the Products due to anomalies in the delivery shall be understood without prejudice to the provisions regarding the return of the Goods in accordance with clause 6 below.
- If for any reason the Buyer is unable to accept the goods on the delivery date and time notified in advance, the Company may, at its sole discretion and risk, store the Goods and take all necessary steps to protect and secure them. The cost of such measures will be passed on to the Buyer, who will be informed of it immediately.
- The Company will have the right to make partial deliveries of the Goods, in the terms and in the quantities and intervals it deems appropriate, unless the Buyer expressly indicates when placing the order the non-acceptance of partial deliveries. The delay in any of the partial delivery periods will not be a sufficient reason for the cancellation of the rest of the periods and the Buyer will be obliged to accept the deliveries that remain until the delivery of all the Goods ordered.
RETURNS OF GOODS
- The Goods delivered to the Buyer in accordance with the Contract and these General Conditions may only be returned with the prior written authorization of the Company. and, in any case, under the conditions established in this clause. The Company will decide whether or not to authorize the return of the Goods in each case at its sole discretion.
The maximum period for the Company to admit a return of the Goods will be 7 calendar days from the date of delivery of the Goods to the Buyer. After this period, the return of the Goods will not be accepted by the Buyer (who is a professional or entrepreneur) in any case.
- The terms of return or withdrawal indicated above will begin to run on the day that the Client or a third party indicated by him, other than the carrier, acquires material possession of the requested Goods, or:
- In the case of Service contracts, there is no refund.
- In the event of multiple delivery of Goods ordered by the Customer in the same order and delivered separately, on the day that the latter or a third party indicated by him, other than the carrier, acquires physical possession of the last of the Goods.
- In the event of delivery of a Good composed of multiple components or pieces, the day that the Client or a third party indicated by him, other than the carrier, acquires material possession of the last component or piece.
- In the case of contracts for the periodic delivery of Goods during a specified period, the day that the Client or a third party indicated by him, other than the carrier, acquires physical possession of the first of those Goods.
- Returns or withdrawal of Goods or Services delivered by the Company will not be accepted in the following cases:
- Goods used or damaged as a result of the use given by the Buyer.
- Goods with damaged packaging or with identification labels damaged by the Buyer.
- Goods made according to the Buyer’s specifications or clearly personalized.
- Goods that are chemical products, or expiring or that require special storage conditions.
- Goods in quantities lower than the minimum unit of sale of the Goods established in the Contract.
- Goods that are no longer in the Company’s product catalog
- Kits or Combos of Incomplete Goods.
- In the event that the Goods are returned or withdrawn in accordance with the provisions of the preceding paragraphs, the Buyer must notify us of his decision through an unequivocal statement (by fax or email) and send them, by his own means and its coast, to the facilities of the Company Calle Uranio 33, 28.500 Arganda del Rey-Madrid. Once the Goods have been received by the Company, the Buyer will be exempted from paying the agreed price for the Goods and, if it has already been paid, the Company will proceed to refund the amount received from the Buyer for the Goods returned.
TRANSFER OF OWNERSHIP AND RISKS OVER THE ASSETS
- The responsibility for the Goods will remain with the Company until their delivery to the Buyer, at which time the risk will be transferred to the Buyer.
- Notwithstanding the foregoing, the Buyer will not acquire title to the Goods until any of the following situations occurs:
- That the Company receives payment of the full price of the Goods in the manner established in the Contract and in these General Conditions.
- That the transfer of title to the Goods be agreed upon by express written agreement signed by the parties (Company and Buyer).
- When it is required by the Company and the payment is deferred, the Buyer undertakes to do everything necessary so that the Contract and the reservation of title are registered in the Register of Installment Sales of Movable Property, inclusive, but not limitation, signing the Contract in the officially approved models and carrying out all the other actions that are necessary for this purpose.
- Until the Buyer has satisfied all payments due to the Company in connection with the Contract, he will not be able to dispose of any of the Goods that have been delivered to him.
- In the event of non-compliance with the payment of all or part of the price agreed in the Contract and in these General Conditions (including the corresponding taxes and expenses), the Company may choose between demanding immediate payment of the price pending payment, ( together with the corresponding default interest) or the termination of the Contract with the return of the Goods that are the object thereof that have been delivered to the Buyer.
WARRANTY OF GOODS AND AFTER-SALE SERVICES
- Service and spare parts warranty, guarantees the repair or replacement at no cost of all tools as a result of a manufacturing defect in materials or workmanship All supplies and repairs by TURBO INTERNACIONAL SL are guaranteed for a period of ONE YEAR unless otherwise expressly agreed or stipulated. The warranty period is understood from the date of the corresponding departure from our facilities, (date of the delivery note) whether it is new or repaired merchandise.
The company Turbo Internacional SL , after analyzing the merchandise placed in its facilities in Madrid C / Uranio 33, 28500 Arganda del Rey , undertakes to replace or repair, as a guarantee at no cost to the buyer, those merchandise that, for present faults or defects, cannot correctly fulfill their function.
The company Turbo Internacional SL , is not liable for any reason or concept, for any damages or losses that may have occurred due to breakdowns suffered within the warranty period, except for the replacement or repair of the goods supplied, always in the terms mentioned above.
The warranty period may not be extended for any reason, not even for breakdowns or repairs that take place within the aforementioned period, even if they were charged to such warranty right.
The parts that are replaced as a guarantee will become the property of Turbo Internacional SL
- General conditions of the warranty period. Turbo Internacional SL will carry out the repairs at no charge to the Client. The repair includes:
- Breakdown repair and maintenance
- Repair or replacement of defective components
- Turbo Internacional SL reserves the right to exclude from this policy components considered as spare parts subject to wear and tear due to use and additional accessories to the product
- Turbo Internacional SL products are excluded from the guarantee in the following cases:
- Accident or impact
- Misuse, either due to an erroneous application of the product or due to improper use
- Handling of spare parts by personnel other than Turbo Internacional SL
- Shipping and handling of merchandise
- Other conditions
Once the repairs have been carried out, following the procedures established by Turbo Internacional SL, the Client must pay for them, if the Good is out of warranty, and in no case will returns be accepted or said repairs will be undone. The Client will be obliged to bear the costs of transport and budget (when requested by the Client) regardless of not accepting the repair of the tool.
The Company will not be responsible for the repaired goods that are in its facilities 6 months after the repair was carried out and it was communicated to the client.
- The Buyer may request the Company, and the Company may accept, the provision of Services in accordance with the provisions of the Contracts. Contracts should establish in any case the conditions to be met by the Purchaser to the Company to provide the services, the price of services, the place where they lend and estimated time for completion of the same , which are always estimates and They will not be binding on the Company.
In this case, the provisions of these General Conditions shall apply, insofar as it is applicable, to the Services provided by the Company to the Buyer.
- In the event that the Services are provided at the Buyer’s premises, the Buyer shall:
- Give access to its facilities to Company personnel (whether employees, agents or contractors) complying with all applicable security measures.
- Obtain all the consents and authorizations required for the provision of the Services.
- Provide the Company with the facilities and supplies necessary to provide the Services,
- Ensuring that facilities are free from health and safety hazards.
The Buyer will be liable to the Company for breaches of the above obligations and, in any case, for death or personal injury and property damage suffered by the Company’s staff, agents and subcontractors while they are in the premises. Buyer’s facilities, unless caused by intent or gross negligence of the Company or its personnel, agents and subcontractors.
- Guarantee of the Services. Turbo Internacional SL offers the Buyer a guarantee on the Services provided, for defects in the provision of the Services that are attributable to the Company, for a period of 12 months from the end of the provision of the Services.
After this period, the Company will not accept any claim from the Buyer and the Buyer will not have the right to claim the Company for any concept derived from defects in the provision of the Services.
In the event that the Company receives a claim from the Buyer within the Warranty period, it may opt for the new provision of the Services (as necessary for the correct provision of the same to be understood ) or for the refund of the price of the Services, at its sole discretion, and will notify the Buyer of the chosen option. The cost of providing the services or refunding the price will be borne by the Company. The new provision of the Services or the return of the price of the same will be the only right that the Buyer will have in the event of defects in the provision of the Services, and may not claim any other compensation from the Company for these defects.
In any case, defects in the provision of the Services that are a consequence of the Buyer’s breach of its obligations relating to the provision of the Services or in cases of force majeure are excluded from the guarantee of the services of Turbo Internacional SL.
LIABILITY OF THE BUYER
- It is the Buyer’s responsibility to use the Goods in the conditions for which they have been manufactured. In particular, the Buyer must comply with the instructions regarding the care, maintenance and repairs of the Goods.
- It is the responsibility of the Buyer to provide the Company with the correct information so that the choice of the Good or the provision of Services that is the object of the Contract meets its needs. The Company is not responsible for any information or advice that it provides to the Buyer in the event that the data transmitted by the Buyer is incorrect or inaccurate. The Buyer is encouraged to ask the Company any questions they may have in this regard.
- The Buyer shall be responsible and shall hold the Company harmless for any expense, compensation, loss, liability or process suffered by the Company as a result of third party claims arising from any act, omission, negligence and / or breach of the terms of the Contract or of these General Conditions by the Buyer.
- Without prejudice to the Guarantees established in clauses 8 and 9 above, the Company’s liability for damages and losses derived from the breach of its obligations derived from the Contract or from these General Conditions will be, at most, equivalent to 100% of the value total of the Goods supplied or the Services provided by the Company to the Buyer.
Notwithstanding the foregoing, the Company will not be liable in any case for lost profits, loss of opportunities, loss of income, or other direct or indirect damages of a similar nature, for the Buyer, arising in connection with or in relation to the Contract or with these General Conditions.
- The liability limitations set forth in the preceding sections shall not apply in cases of intent or gross negligence of the Company.
- The Company will not be responsible in any case for damages that may be caused to people or things, as a result of repairs, or manipulations, carried out on the Goods that are not carried out by it or as a consequence of non-compliance by the Buyer of what is established in the instruction manual of the Goods.
- The Company will not be responsible for breaches of the Contract or of these General Conditions that are the consequence of events that are beyond its control and that could not have been foreseen or, which, foreseen, were unavoidable (“force majeure”).
In particular, and without limitation, it will be understood that fires, floods, natural phenomena with catastrophic effects, wars, revolutions, acts of terrorism, riots, strikes and other industrial actions and industrial actions constitute force majeure events. interruptions in the supply of energy, fuel, transport, equipment and raw materials.
INTELLECTUAL AND INDUSTRIAL PROPERTY
- All intellectual and industrial property rights associated with the Goods or Services (including, without limitation, the trademarks included in the Goods and patents, computer programs or any technologies underlying the Goods or used in their manufacture) are and will always be moment property of the Company or its group companies, and are protected by applicable national and international laws and treaties.
- Neither the Contract nor these General Conditions grant the Buyer any right to use the above intellectual and industrial property rights. Likewise, the use of the Goods by the Buyer will not imply the transfer or license of any right over them.
- Any use of said intellectual and industrial property rights by the Buyer is expressly prohibited unless it has the express prior authorization of the Company, for which purposes the Company must grant the corresponding license to the Buyer. The Buyer will hold the Company harmless from any damages that may be caused by violations of these rights.
APPLICABLE LAW, JURISDICTION AND AUTHORITY
- These General Conditions will be governed by Spanish law.
- The Buyer and the Company agree to submit the resolution of any controversy or litigation that may arise derived from these General Conditions to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them.
- The Buyer may not assign the rights and obligations arising from the Contract or from these General Conditions except with the prior written consent of the Company.
- Any notifications or communications that the Company and the Buyer must make with cause in this contract, they will do so, whenever possible and unless another procedure is established in these General Conditions, by certified fax, letter or telegram with acknowledgment of receipt or by any another written procedure that allows proof of its reception and content, to the following addresses:
- The Company: Turbo Internacional SL Calle Uranio 33, 28.500 Arganda del Rey-Madrid
- The Buyer: the address that appears in the Company’s database at all times, which will be the last one notified by the Buyer to the Company.
- Either party may change its notification address by communicating it to the other party in due time and in a reliable manner .
- Communications delivered by normal mail will be considered delivered 2 days after their dispatch in the event that the destination is within the peninsula (of Spain) and 7 days after their dispatch in the case of any other destination.
- In accordance with the Personal Data Protection regulations, Organic Law 15/1999, of December 13, Protection of Personal Data, it is reported that Turbo Internacional SL is responsible for a personal data file, in which The personal data collected from the Buyers and their representatives are included, the purpose of which is the correct commercial management with them.
Likewise, Turbo Internacional SL will process the data to manage the queries it receives from the Buyers and to send advertising to them about the activities, products, services, offers, special promotions and documentation of various kinds related to the manufacture of goods. and the provision of services in the construction sector, which may be carried out by different means (including electronic means such as email or SMS).
- Turbo Internacional SL guarantees the confidentiality of the personal data provided and, for this, has adopted the security levels required by the legislation for the protection of personal data and has installed the technical means at its disposal to prevent loss, misuse, alteration , unauthorized access and theft of the personal data provided.
- Interested parties may exercise their rights of access, rectification, cancellation or opposition provided for in Organic Law 15/1999 at the indicated address, for which they must send a letter identified with the reference “Data Protection”, in which the corresponding request and the one that accompanies a photocopy of the National Identity Document of the interested party (or any other identification document) to the following address: calle Uranio 33, 28.500 Arganda del Rey- Madrid.
If desired, the interested parties may also direct said requests by email to the address: firstname.lastname@example.org . Likewise, if the Buyer does not wish to
- By accepting these conditions, the Client consents to the use of “cookies”, that is, data storage and retrieval devices on the recipients’ terminal equipment. Cookies are used on the company’s web pages, and in particular on www.turbointernacional.com , in order to provide the Client with a better service and provide a better browsing experience. The link ” Cookies Policy ” provides clear and precise information about the cookies used by the Company, detailing what a cookie is, what it is for, what types of cookies we use, what their purpose is and how you can configure or disable them if so he wants it.
- The Company may modify these General Conditions at any time. In particular, the General Conditions will be updated by the Company when there is a material change in the legislation applicable to them.
The modifications made to the General Conditions will not enter into force for new transactions as long as they are not accepted by the Buyer. It will be understood that the Buyer accepts the General Conditions when ordering Goods or requesting Services after receiving the modified General Conditions. If the Buyer does not agree with said modifications, he must refrain from placing new orders for Goods or Services, with all the provisions set forth in section 1.1 of these General Conditions being applicable.