GENERAL CONDITIONS OF SALES AGROMAQUINARIA GIJÓN, S.L

1. The present General Conditions of Sale have the purpose of regulating the contractual relations between Agromaquinaria Gijón, S.L. with registered office at 190 Sigmund Freud Street. Warehouse 13. Gijón (Asturias), Spain, 33211, registered in the Mercantile Registry of Asturias, Volume 1.876, Folio 1, Page 1, Sheet 1, Page 13.436, CIF ESB33801762 and its clients (hereinafter the ordering party, customer or buyer), within the framework of its professional activity.
2. Each order or purchase order by the customer in Agromaquinaria Gijón S.L. implies the total acceptance of the present General Conditions of Sale, unless specifically derogated in the order confirmation by Agromaquinaria. Under no circumstances may the ordering party revoke.
3. Any representations made by representatives or employees shall not be final unless confirmed in writing by our head office in Gijón.
4. The lists, budgets, offers, illustrations of the catalogues and the prices are not binding and they may suffer, at any time and without prior notice, variations due to either product improvements or increased costs, especially deriving from materials, labour, transport, customs or fiscal expenses pertaining to the products. This possible variation, and its consequences, which will be communicated to the customer as soon as possible after the order, must be accepted by the latter. Only after said acceptance will Agromaquinaria assume thar the order has been confirmed; this confirmation will be specifically processed.
5. Orders are placed by the customer at the counter, by telephone, fax or e-mail.
   Depending on whether the requested products are available or not in stock, our staff will communicate to the buyer the expected delivery date, or any change referred to the order (product specifications), and the customer can cancel the purchase order if it does not conform to the original order. In case one or several products of the purchase order are not available due to force majeure, Agromaquinaria Gijón, S.L. reserves the right to cancel the order, previously informing the client and returning the amount of the order if it has already been paid. Likewise, it reserves the right not to process an order if it considers that any of the data in the purchase order; identification data, payment method or any other type of data is fraudulent, erroneous or incomplete. Deliveries will be made to the delivery address indicated by the customer, if the customer modifies this delivery address during the handling and transport period, the customer will have to pay the costs derived from this change. In any case, we will try to manage the change as soon as possible to avoid such increased costs, although we cannot guarantee that the changes will not involve higher shipping costs.
   Every order placed is considered validated when Agromaquinaria Gijón, S.L. sends a confirmation. From this moment on, the order is firm and definitive. Any validation of an order implies the acceptance of the present General Sales Conditions.
   Unless proven otherwise, the data recorded by Agromaquinaria Gijón, S.L. constitute proof of all transactions entered into with the buyer. It is also specified that the buyer is solely responsible for the accuracy of the information communicated to Agromaquinaria Gijón, S.L. at the time of placing an order and its consequences (delay, impossibility of delivery etc.).
6. The terms of the orders transmitted and validated by Agromaquinaria Gijón, S.L. are irrevocable for the customer. Any change request by the customer must be accepted in writing by Agromaquinaria Gijón, S.L. In this case, our company will not be bound by the timeframes initially agreed upon. In the event that a customer places an order with Agromaquinaria Gijón, S.L. without having paid for previous order(s), the latter may reject the order, without the customer being able to claim any compensation for whatsoever reason.
7. Delivery times are merely indicative and may be delayed due to force majeure, either by our company or by our suppliers; these grounds include, though not exhaustively, a lack of materials, products and spare parts, strikes, interruptions to energy supplies and transportation services. Delays may not give rise to any compensation, rejection of the merchandise, cancellation of the sale or any claim for deduction, compensation, penalty or damages, unless specifically agreed upon in the agreement.
8. Our prices pertain to goods ex works at our warehouses in accordance with the EXW Incoterms® 2020 International Chamber of Commerce – ICC rule, excluding packaging, unless specifically agreed upon.
   Unless expressly stated otherwise, and another VAT system is applicable (Intra-Community Delivery of Goods, sale to private individuals within the EU – One Stop Shop VAT (OSS), Export, etc.), the delivery of the products shall be understood to be located in the Territory of Application of Spanish VAT (except for the Canary Islands, Ceuta and Melilla). The applicable VAT rate will be that legally in force at any time depending on the specific item in question.
   Delivery costs will be invoiced additionally according to the volume, weight and delivery method chosen. Any tax, duty or other service that must be paid in application of the Spanish legislation or that of an importing or transit country, as well as any modification of these between the date of the order and the date of the invoice, will be borne by the customer.
   Agromaquinaria Gijón, S.L. reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is placed.
   The buyer expressly authorizes Agromaquinaria Gijón, S.L. to issue the invoice in electronic format, although he can indicate at any time his wish to receive an invoice in paper format, in which case, we will issue and send the invoice in this format. If the buyer requires a complete invoice to be issued, the buyer undertakes to provide us with their ID Card (Private Buyer) or VAT Number (Companies), as well as the full details of their tax address for invoicing purposes.
9. The products are deemed to have been delivered to the ordering party when they are delivered to the haulier or carrier or to whosoever is responsible for taking possession of them. Shipping is always at the customer’s risk and expense and the latter may not claim the possibility of finding cheaper prices or means of transport than those used, except in the event that the appropriate instructions have been given in a timely manner. In the event of a delay by the payer with regard to the collection of the products, the risk is passed on to the ordering party and the products are deemed to have been delivered after a period of five days as from the notification that the goods are ready has been sent to the ordering party.
   No transport documents should be signed by the carrier before inspecting the merchandise. In the event of a breakdown and/or lack of goods, the ordering party must claim damages from the carrier in accordance with its accident protocols and, where necessary, an expert will intervene. The goods shipped may not be returned in any case unless the ordering party has requested and obtained the specific authorisation of Agromaquinaria Gijón, S.L.
   In the event that a previously paid order is made available to the customer and the latter fails to pick it up, Agromaquinaria Gijón S.L. will try to locate the customer and facilitate its delivery as far as possible. If it has not been picked up within 7 days, the customer must pay the storage amount that the logistics provider charges for said service. If it has not been picked up within 15 days, the product will be returned and the customer must pay the shipping and management costs of said return.
10. In the event of delay of the shipment at the request of the customer, the expenses deriving from storage will be borne by the latter, and they will be charged to its account as from 15 days after notification that the goods are ready (the customer’s payment obligations will also remain unchanged).
11. Agromaquinaria Gijón, S.L. reserves the right to make partial deliveries.
12. The customer must check the conformity, both qualitative and quantitative, of the products delivered with the products ordered and with the shipping note or invoice. In the event of damage or missing products, it is the recipient`s responsability to check the goods on receipt and, where necessary, set out any reservations on the transport document.
13. Complaints about incomplete or irregular deliveries, for example, lack of promised quality or apparent defects, must be made immediately, in writing or by e-mail to recambios@agromaquinariagijon.es. Otherwise, the products will be deemed to habe accepted unreservedly.
14. Any defect in the product must be reported as soon as it is discovered, in writing, and in any case within two months from the date of receipt of the goods. The buyer must submit evidence and justifications that allow said defects to be ascertained if used.
15. In these claims, Agromaquinaria Gijón S.L. commits itself to supply everything that is missing, or to substitute what constitutes an error or is defective; any other compensation for direct or indirect damages is excluded. The duration of the guarantee will not be modified by such replacement or repair.
16. Once the client communicates his wish to proceed with the return, Agromaquinaria Gijón S.L. will confirm the reception of his message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, you must send us the goods you wish to return in the original packaging and with the total of its original content, including accessories, guarantees and manuals. Once we receive the goods, we will check that all the requirements are met and if so, we will proceed to refund the amount of the products of your order (in no case the amount paid for postage or transport of the same, or expenses for reimbursement).
    In the case that a client wants to return a product or several products, in a “multiproduct” order, Agromaquinaria Gijón, S.L. reserves the right to consider the shipping costs in the case that the return affects the total amount of the order and has benefited from the option of free shipping costs at the moment of the purchase. The customer must contact us by e-mail recambios@agromaquinariagijon.es, indicate the product or products to be returned, and we will indicate the costs associated with the return.
17. Any return owing to customer error when placing the order may give rise to a discount of 30% of the amount of the order by Agromaquinaria Gijón, S.L. It is also specified that any items and materials which are not in stock cannot be returned. The costs and risks of return will always be borne by the customer. In order to be accepted, the products must be returned in their original condition and packaging with all their accessories and manuals.
    After verification of the returned products, any return accepted will give rise to, at the discretion of Agromaquinaria Gijón, S.L.:The drawing up of a credit note to the benefit of the customer.
    Replacement of the goods.
18. Verification of each item of equipment, spare part etc. is deemed to have been carried out at the manufacturers’ factories.
19. Agromaquinaria Gijón, S.L. guarantees the products it distributes in accordance with the standard clauses of the manufacturers of these products (the name of the manufacturer appears in the product files and in the rest of the commercial documentation).
20. Agromaquinaria Gijón, S.L. guarantees the products it distributes in accordance with the standard clauses of the manufacturers of said products (the manufacturer’s name appears on the product sheets and in the rest of the commercial documentation).
21. All transactions between Agromaquinaria Gijón S.L. and the buyer of its products will be subject to Spanish law, as well as to any international treaties or European regulations that may apply and other Spanish commercial uses and practices.
22. Any conflict deriving directly or indirectly from a contractual relationship to which Agromaquinaria Gijón, S.L. is party, will be submitted to the Courts of Gijón, Asturias (Spain), with the other party specifically waiving any venue that may pertain to it, unless a legal obligation of the buyer`s country determines otherwise.
23. The customer undertakes to comply with all the laws, statutes, Guidelines and/or applicable regulations in force with regard to the fight against corruption, the use of goods that are not in accordance with the laws and any other applicable laws. The customer is also responsible for adopting all measures to ensure that each of its distributors, agents and third parties under its control or through which influence can be exerted adhere to said conduct. Agromaquinaria Gijón, S.L. reserves the right to cancel at any time, even after payment, at its sole discretion owing to any alleged, potential or actual conduct that does not conform to the law.
24. The only valid text is the one written in Spanish. The only purpose of the translations is to facilitate the understanding of the buyer.
25. Without prejudice to that which has been provided for in these General Terms of Sale or that which has been specifically agreed to otherwise, under no circumstances will Agromaquinaria Gijón, S.L. be liable for any damages such as incidental, indirect or consequential losses or any economic or immaterial damages or loss of profit, profits foregone, loss of production or discarded production or damages deriving from claims from the buyer’s customers. However, this exclusion will not apply in cases of negligence or wilful conduct by Agromaquinaria Gijón, S.L. In any case, the maximum amount for which Agromaquinaria Gijón S.L. must be liable vis-à-vis the buyer will not exceed the sale price of the product.
26. The total or partial nullity of one or more clauses of the present General Terms shall not affect the validity of the agreement, nor of the other clauses, nor of the rest of the clause concerned, in the event of partial nullity. Any clause which is wholly or partially null and void shall be replaced with a clause whose economic result is as similar as possible to the result desired by the null and void clause.
27. The responsible for the treatment of the personal data provided by the buyer is Agromaquinaria Gijón S.L., 190 Sigmund Freud Street. Warehouse 13. Gijón (Asturias), Spain, 33211. The data provided are necessary in order to put into effect the purchase of the products and they will be processed for this purpose. The buyer’s personal data may be communicated to authorities and public bodies in order to ensure compliance with a required legal obligation, as well as to those service providers and third parties required for the management of their orders.
    The buyer’s data may be used based on the legitimate interest of Agromaquinaria Gijón S.L. to inform them of offers, promotions, products and services that it considers may be of interest to them, taking into account the products and services previously contracted, although the buyer may oppose the processing of their data for this purpose at any time.
    The purchaser’s personal data will be processed for as long as the business relationship is maintained or for the years necessary to comply with legal obligations. Otherwise, your data will be kept as long as you do not request the cessation of the activity or for the time necessary for the formulation, exercise or defence of claims.
    The buyer may exercise their rights in relation to the processing of their personal data (access, portability, revocation of consent, rectification, opposition, limitation, deletion) in accordance with current legislation, by sending a letter to the above address, or by email to recambios@agromaquinariagijon.es. You may also address your complaints about the processing of your personal data to the Spanish Data Protection Agency (www.agpd.es).
28. Agromaquinaria Gijón, S.L. makes an effort to update and/or complete the content of agromaquinariagijon.es. Despite this precaution, it is possible that the content may be incomplete and/or incorrect and no rights will be derived from this website.
    Furthermore, we cannot guarantee that the colours displayed on our website are an accurate representation of the colours of our actual products. Your computer settings determine how colour is displayed.