General terms of sale
In these general terms of sale, the seller DEFATEX Europa, sl is designated as "Defatex", and the customer is generically referred to as "buyer".
1. Application Scope
The present sale conditions will only be binding if only the order is confirmed on a telematic basis, or by default the above, written by signing and accepting our order or Budget.
2. Prices
We onform you that this electronic shop is exclusively aimed at professionals (businesses, administrators, collectivities, liberal professionals, self-employed persons, associations, etc.), for which reason all prices are listed without VAT. The VAT corresponding to the tax obligations to each purchaser will be added at the time of the final invoicing on the shopping cart for the e-store.
Our prices are understood in our warehouse in Barcelona, including ports to destinations within the Iberian Peninsula (except Andorra and Portugal) and packaging; montage, machinery or means of loading and unloading are excluded from prices. All prices indicated are in Euros and do not include, either taxes or other expenses.
For shipments outside the Iberian Peninsula (including Portugal and Andorra) the prices do not include shipping, expenses, advances, fees or taxes, neither for export, nor for the destination.
Prices are valid only within 15 days in case of missing validation or payment of the sale made by the buyer.
3. Delivery Terms
The delivery times indicated in our confirmation are for information purposes only and have no contractual value.
In case of reasons due to force majeure, shortage of raw materials as well as delays on the part of our suppliers, they will cause an appropriate extension of our delivery times.
Any delay in delivery does not entitle you to compensation.
Defatex will always keep the buyer informed of incidents and delays of the genre to be delivered to him.
4. Packaging
The packaging will be made according to the product and according to Defatex criteria. Packing for transportation will be kept to a minimum.
We use only recyclable materials, which can be deposited by the buyer in the appropriate container for recycling.
5. Shipping and transfer of responsibility
The material is sent at Defatex's discretion, in the event that there is no other agreement.
Responsibility for the goods passes to the buyer from the moment it is delivered to the carrier, regardless of who takes charge of the transport ports.
Defatex will not incur any liability if the buyer delays the delivery of the material.
The delivery of the material will be made to the address of the buyer, or to another address indicated to us sufficiently in advance of the date of shipment.
The shipper will deliver the goods at ground floor level and will not be required to move the material to higher floors, directions other than the final location of the goods.
6. Payment Terms
The form of payment will be the one agreed upon in the order confirmation and / or invoice and / or proforma invoice. For cash transactions, advance payment, either through the botiga.defatex.com channel or in the form of direct and / or electronic contact, the buyer will be provided, by mutual agreement, with an invoice by e-mail exclusively.
7. Property retention
The materials supplied remain the property of Defatex until full payment for the goods by the buyer.
8. Warranty
All our products have a two-year manufacturing defect warranty.
Damage due to misuse, incorrect installation or damage caused by third parties is excluded.
9. Responsabilities
Claims for damages are completely excluded, regardless of their contractual nature, provided that they cannot be attributed to willful or grossly negligent conduct by Defatex, in the same way as Defatex, operators are excluded from this liability, salesperson, employees and shop assistant hire directly or indirectly by Defatex.
In case that the responsibilities with the buyer can be attributed to a malicious or seriously negligent behavior, Defatex will respond as a maximum limit the value of the goods traded and returned. Financial compensation for loss of profit, for saving compensation costs through third parties, for direct or indirect damages is not claimable.
The exclusions of damages mentioned above do not refer to rights that are due to malicious behavior by Defatex, as well as liabilities arising from compliance with features guaranteed or based on the Civil Liability Act for defective products or damages for breach of physical health, life or physical integrity.
10. Damaged material reception
The buyer must check all material at the reception to check for damage. It must also be checked whether the quantity of packages delivered corresponds to that indicated on the delivery note.
In case of receiving damaged goods, the buyer will sign the delivery note indicating in writing the perceived defects. Contact Defatex immediately within 24 hours of the reception of the material, sending by letter, email or fax, written on the incident copy of the delivery note and your contact details. We also recommend taking photographs of the damaged material. Claims that do not meet these requirements will not be accepted.
11. Change, cancellation, replacement or return of orders
To make changes or cancellations of the order, please contact Defatex by letter, e-mail or fax within a maximum of 2 days from the date of order confirmation. To do this you can send an email to administracion@defatex.com or call to this number: +34 935 102 610.
In case of a return or replacement due to an error not attributable to Defatex, the buyer must contact Defatex for acceptance or non-acceptance of merchandise. No refunds will be accepted without prior notice or acceptance of the refund or replacement by Defatex, nor, after 5 days after the supply of the item.
For items that are or have been made at the express request of the buyer, of special sizes, colors or finishes, or in larger quantities than usual, may have restrictions, costs or even be completely out of a possible change , cancellation replacement or return. Material will not be accepted without prior authorization from Defatex.
Only unused material will be accepted, in perfect condition and in its original packaging. Shipping costs to address indicated by Defatex will be borne by the customer. It is essential to attach Defatex authorization when sending a return.
12. Protection of personal data
We inform you that Defatex is addressed exclusively at professionals (companies, administrators, communities, liberal professionals, self-employed, associations, etc.), for this reason and in accordance with Organic Law 15/1999 (LOPD) of 13 December , on the protection of personal data and its regulations developed in ROYAL DECREE 1720/2007, of 21 December. It is reported that section 2 of article 2 of title I of general provisions in the aforementioned regulation applies to Defatex.
The sending of personal data by the buyer will be processed in accordance with current legislation and in any case Defatex undertakes NOT to transfer, lend, sell or make public use of this information provided. The buyer will always be able to access personal information to modify, change or delete it.
13. Area of jurisdiction
Defatex and the buyer expressly submit, in case of doubt or discrepancy in the conditions expressed above, to the jurisdiction of the Courts of Barcelona.
These general rules of sale cannot be considered as a contract of adhesion by the buyer, they are in any case general rules to have a common criterion for contractual transaction between the buyer and Defatex.
At any time during the processing of order, the buyer may inform Defatex of possible changes in rules set out here to agree on those that best suit the nature of the transaction by agreement of both parties.
Once the order has been closed by paying for the material, it will be understood that for all purposes, the buyer gladly accepts these general rules of sale.
14. Modifications to the Defatex catalog
Defatex reserves the right to modify technical characteristics of products and / or photos, plans, drawings, descriptions of articles contained in botiga.defatex.com, without previous notice.
Defatex also reserves right to modify or update at any time the possible prices listed in botiga.defatex.com.
Seller DEFATEX Europa, sl
May, 2021
Registered in the Barcelona Commercial Register: Tom 28002, Foli 135, Full 128.833, Inscripció 1º
NIF: B60804879