General Terms of Sale Agromaquinaria Gijón, S.L
1. The purpose of these General Terms of Sale is to regulate the contractual relations between Agromaquinaria Gijón, S.L. whose registered office is situated at Calle Sigmund Freud 190. Nave 13. 33211 Gijón (Asturias), Spain, registered with Registrar of Companies of Asturias, Volume 1.876, Folio 1, Sheet 13.436, VAT number ESB33801762 and its customers (hereinafter the ordering party, customer or buyer), within the framework of its professional activity.
2. Each order or purchase order by the customer at www.ariamotorshop.com implies full acceptance of these General Terms of Sale, unless specifically derogated in the order confirmation by Agromaquinaria. Under no circumstances may the ordering party revoke.
3. Any declaration by representatives or employees will not be final unless it is confirmed in writing by our registered 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 phone, fax, e-mail or at the online store www.ariamotorshop.com.
Purchase orders placed at www.ariamotorshop.com shall only be generated when all the data required for the correct identification of the customer, the products and the shipping address have been correctly completed. Once the purchase order has been received, the customer will receive a purchase order confirmation by e-mail, setting out the steps to follow depending on the options chosen in the purchasing process
The system, as a security tool, stores the IP addresses of the connection from which the purchase has been made in order to use it as evidence in the event of any potential fraud owing to the misuse of the payment cards accepted or any other actions that may be regarded as fraud (false orders, etc.).
Depending on whether or not the requested products are available in stock, our staff will notify the buyer of the expected delivery date or any change referred to in the order (product specifications) and the customer may cancel the purchase order if it does not conform to his/her original order. In the event that one or more products in the purchase order are not available due to force majeure, Agromaquinaria Gijón, S.L. reserves the right to cancel the order, notifying the customer in advance and refunding the amount thereof if it has already been paid. It also reserves the right not to meet an order if it deems that any of the data on the purchase order; identification data, payment method or of any other nature are fraudulent, erroneous or incomplete. In addition, it reserves the right not to meet an order if the published price is deemed to be objectively erroneous, which may be owing to internal publication reasons, typographical errors, technological incidents or similar reasons not foreseen by the store, in which case our company will contact the customer to communicate said error. Shipments will be made to the shipping address indicated by the customer in the purchase process. In the event that the customer changes said shipping address during the handling and transportation period, he/she must pay the costs deriving from said change. In any case, it will be sought to manage the change as soon as possible to avoid said increase in costs, although it cannot be guaranteed that the changes do not entail a higher shipping cost.
Any order placed is deemed to be validated when Agromaquinaria Gijón, S.L. sends confirmation. From this moment on, the order is firm and final. Any validation of an order implies acceptance of these General Terms of Sale.
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. The product information shows the estimated availability which in no case entails any contractual commitment with the customer regarding the delivery deadline. For the purposes of calculating the days necessary for the shipment, Saturdays, Sundays and holidays (national and local) are not taken into account. Orders are not sent to post office boxes, lockers or mailboxes of any kind.
8. 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.
9. 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.
The prices listed at www.ariamotorshop.com include the VAT in force in Spain and they will be paid by the method selected by the customer from amongst those available at that time and which will be shown to it in the purchase process. Unless the ID Card (Individual) – Vat No (Company) section and the Shipping Address section specifically indicate otherwise, and another VAT regime will apply (Intra-Community Delivery of Goods, sale to individuals within the EU - One Stop Shop VAT (OSS), Export etc.), the delivery of the products will be assumed to be carried out in Spanish VAT Territory (excluding 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 billed additionally based on volume, weight and the chosen delivery method. Any tax, duty or other service that must be paid in application of Spanish legislation or that of an importing or transit country, as well as any modification to them between the date of the order and that 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 specifically authorises Agromaquinaria Gijón, S.L. to issue the invoice electronically, although it may inform us at any time of its wish to receive a hard copy invoice, in which case we will issue and send the invoice in said format. If the buyer requires the issuance of a full invoice, the buyer agrees to provide us with their ID Card (Individuals) or VAT Number (Companies), as well as complete information regarding their tax address for billing purposes.
10. 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
11. 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).
12. Agromaquinaria Gijón, S.L. does not have the obligation to insure the goods, except in those cases in which the insurance has been requested in writing by the ordering party and within the limits of the latter. The costs and the need to specify the risks to be covered by the insurance are the responsibility of the ordering party.
13. Agromaquinaria Gijón, S.L. reserves the right to make partial deliveries.
14. 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 any damage or missing products, it is the recipient's responsibility to check the goods upon receipt and, where necessary, set out any reservations on the transport document. Any claims for incomplete or erroneous deliveries - for example, owing to a lack of the promised quality or owing to visible defects - must be made immediately in writing or by e-mail to agromaq@telefonica.net. Otherwise, the products will be deemed to have been accepted unreservedly.
15. Any product defect must be communicated at the time it is discovered, in writing, and in any case within a period of two months as from the date of receipt of the goods. The buyer must submit evidence and justifications that allow said defects to be ascertained if used.
16. In these claims, Agromaquinaria Gijón S.L. undertakes to supply everything that is missing, or to replace whatever constitutes an error or is defective; any other compensation for direct or indirect damage is excluded. The term of the warranty will not be altered by said replacement or repair.
17. All consumers will have a period of 14 business days to exercise the right of withdrawal provided for in Directive 2011/83/EU of the European Parliament and of the Council, without having to justify their decision or pay penalties, with the exception of any return costs. The 14-day period mentioned above starts to be calculated as from the date of receipt of the product(s) by the customer. If the 14-day period expires on a Saturday, Sunday or public holiday, it will be extended until the next business day. Communications must be carried out by e-mail at agromaq@telefonica.net.
Once the customer has communicated his/her wish to proceed with the return, Agromaquinaria Gijón S.L. will confirm receipt of his/her message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, the customer must send us the goods he/she wishes to return in the original packaging and with all its original content, including accessories, warranties and manuals, carriage paid. Once we receive the goods, we will check that all the aforementioned requirements have been met and if so, we will duly refund the amount of the products in his/her order (never the amount paid for the postage or carriage thereof, nor any reimbursement costs). The refund payment method will be credited to his/her card if it was paid by credit card.
In the event that a customer wishes to return one or more products, in a "multi-product" order, Agromaquinaria Gijón, S.L. reserves the right to take shipping costs into account in the event that said return affects the total amount of the order and he/she has benefited from the free shipping costs option at the time of purchase. The customer must contact us by e-mail at agromaq@telefonica.net, stating the product or products he/she wishes to return and we will inform him/her of the expenses associated with said return.
18. The right of withdrawal of the previous point may NOT be invoked by professional customers, who are thus excluded from the consumer status. Any return of goods by a professional buyer must be subject to a written agreement between Agromaquinaria Gijón, S.L. and the customer. Any goods returned without this agreement will remain at the disposal of the customer and will not give rise to the issuance of a credit.
19. 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.
20. Verification of each item of equipment, spare part etc. is deemed to have been carried out at the manufacturers' factories.
21. 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).
22. Unless specifically indicated otherwise, such as at the website www.ariamotorshop.com, it will be assumed that the prices of the products do not include Value Added Tax or other taxes or fees. Payment will always be made in the manner provided for at the website.
23. All intellectual property rights are owned by Agromaquinaria Gijón S.L. and its licensors. It is not allowed to copy, distribute or use these materials in any other way without the written consent of Agromaquinaria Gijón S.L., unless the rules of compulsory law (such as the right to quote) provide otherwise, unless stipulated otherwise for specific materials.
24. 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.
25. 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.
26. 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.
27. The only valid text is the one written in Spanish. The translations solely serve to facilitate the understanding of the buyer.
28. 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.
29. 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.
30. The data controller responsible for the data provided by the buyer is Agromaquinaria Gijón S.L. ESB33801762, Calle Sigmund Freud 190, Nave 13, 33211 Gijón (Asturias), Spain. 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 data marked (*) are required in order to comply with the purpose of providing the buyer with any information and/or service he/she may request, as well as for sending administrative, technical, organisational and/or commercial information about our products and services. Failure to complete the fields marked as mandatory will prevent the request from being managed and the requested information from being sent to him/her. Sending said forms, as well as an e-mail, implies the user's consent to the processing of their personal data for the aforementioned purposes.
The buyer's data may be used based in the legitimate interest of Agromaquinaria Gijón S.L. to inform him/her of the offers, promotions, products and services that it considers may be of interest to him/her, taking into account the products and services previously contracted, although the buyer may oppose the processing of his/her data for this purpose at any time.
The personal data of the buyer shall be processed for as long as the commercial relationship remains in place or during those years required to comply with the legal obligations. Otherwise, his/her data will be kept as long as he/she does not request the cessation of the activity or during the time necessary for the drawing up, exercising or defence of claims.
The buyer may exercise his/her rights in relation to the processing of his/her personal data (access, portability, revocation of consent, rectification, opposition, limitation, deletion) in accordance with current regulations, by writing to the address provided above or by e-mail to agromaq@telefonica.net. He/she may also address his/her claims about the processing of his/her personal data to the Spanish Data Protection Agency (www.agpd.es).
31. Agromaquinaria Gijón, S.L. endeavours to update and/or complete the content of www.ariamotorshop.com. Despite this precaution, it is possible that the content may be incomplete and/or incorrect and no right will derive from this website.
Pricing and other information about www.ariamotorshop.com products are subject to obvious programming and typing errors. In this eventuality, Agromaquinaria Gijón, S.L. reserves the right to cancel the order by notifying the customer in advance and refunding the amount if this has already been paid. The customer cannot claim any agreement with our company based on said possible errors.
Nor can we guarantee that the colours that appear at our website are an exact representation of the colours of our current products. The computer settings determine how colour is displayed.