The present conditions apply to the sale of Suministros Arsam, S.A. general products. these general conditions will prevail in case of discrepancy.
Please read these conditions carefully before placing your order.
1.General
1.1 These general terms and conditions apply both to deliveries to “contractors”, i.e. natural persons, legal persons or companies with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent activities, and to deliveries to “consumers”, i.e. natural persons who enter into a business relationship with us outside of a commercial or independent activity.
1.2 All offers, deliveries and services as well as contracts concluded between Arsam Supplies as supplier and purchasers are subject to these terms and conditions. Other conditions apply only insofar as this has been expressly agreed in writing.
1.3 By placing an order, the buyer expressly declares that he wishes to purchase the ordered products. The contract is concluded by our express confirmation of the order or by the execution of the order by delivery of the goods.
1.4 The contents of advertising brochures and catalogues as well as indications in the technical documentation and promises of the given characteristics have no contractual value in the absence of an express written agreement. The availability of the manufacturer’s products remains reserved. Assembly and operating instructions are only part of the delivery if they are made available by the manufacturer.
1.5 For special tools custom-made projects, the purchaser assumes responsibility for the correctness of the information (drawings, dimensions, etc.) which he has made available for the manufacture. To avoid errors and the costs that follow, these indications must always be sent in writing. Special tools are not to be returned or exchanged.
2.Price
2.1 Unless expressly agreed otherwise, all deliveries are made in accordance with the prices indicated in the ToolShop (shop.arsam.co.uk).
2.2 Discounts taken into account in the net prices shall only apply to an order of goods of at least €100 (excluding postage, packaging and VAT).
2.3 Shipping and packaging costs are invoiced separately. Additional costs, such as customs, taxes, transport insurance, etc., are invoiced separately from the Incoterms and shipping options chosen or agreed upon at the time of the order.
2.4 To the prices stated shall be added, if applicable, the legally valid VAT.
2.5 The buyer must check the invoice within a reasonable time, as invoicing claims are no longer taken into account after the payment period has elapsed.
3. Terms of payment
3.1 Payment of the purchase price can be made using the payment methods available in ToolShop (shop.arsam.co.uk) (credit card, invoice or advance payment).
3.2 In the case of delivery against invoice, the purchase price must be paid within 30 days after invoicing. In the event of late payment, a default interest of 8% shall be payable without notice.
3.3 The delivered goods remain the property of Arsam Supplies until full payment has been made.
4. Conditions of delivery
4.1 Transport damage must be reported immediately to the transport company in charge of the delivery as well as to Arsam Supplies, otherwise we are not liable.
4.2 The benefits and risks pass to the buyer at the moment of delivery. Provisions to the contrary remain reserved in accordance with the general terms and conditions of business of this document.
4.3 Insofar as the ordered products are no longer available, the customer can cancel his order or choose an offered replacement item. The proposed replacement item may be different in terms of quality and price.
4.4 The buyer is informed that the export of certain products (including software and documentation) may be subject to limitations and authorisations, e.g. due to their nature, use, location or destination. The Buyer agrees to strictly observe all applicable export control and sanction provisions, in particular those of the European Union, the Member States of the European Union and those of the United States.
5. Right of withdrawal (Withdrawal form)
5.1 The buyer may return goods delivered by us within 14 working days from the date of delivery. In order for us to collect the goods, they must be unused, undamaged, returned in their entirety and in the original packaging.
5.2 Special or custom-made items and items that are not part of the inventory and that have been purchased especially for the buyer do not enjoy a right of withdrawal if they meet the conditions agreed in the project or contract.
5.3 Return is at the expense and risk of the purchaser.
5.4 In case of exercising the legally valid right of withdrawal, we will reimburse the amount of the payments received after receiving the goods.
5.5 Unsealed items relating to health and hygiene cannot be returned.
6. Warranty, service
6.1 The warranty period for deliveries to contractors is 12 months from the date of delivery. For consumers, the statutory warranty period shall apply.
6.2 For all products the manufacturer’s warranty conditions and benefits apply.
6.3 For each delivery, the buyer is obliged to check immediately after receipt if there is any external damage or if there is a delivery error or a difference in quantity. Complaints must be made within 3 days after receipt of delivery. Defects occurring during the warranty period must be reported immediately after discovery. Insofar as defects are not found or are not covered by the warranty, the costs of inspection and shipping may be charged to the purchaser.
6.4 In the event of defects covered by the warranty, we will, at our discretion or at the discretion of the manufacturer, repair or exchange for equivalent goods. Any other warranty is excluded; the purchaser has no right of cancellation or price reduction.
6.5 We also take care of repair and service work on the products we offer. The resulting costs are the responsibility of the buyer. If a buyer expressly requests a quotation, the costs incurred as a result and the additional processing will also be invoiced if he waives the repair or execution of the order.
7. Liability
7.1 Arsam Supplies declines all legal liability for breach of contract, breach of performance, delay in delivery, warranty or for any other legal reason that is not attributable to any breach on its part.
7.2 The purchaser is not entitled to compensation for damages not suffered by the object of the delivery, such as loss of production, loss of use, loss of orders, claims of third parties, loss of profit and other direct or indirect damages.
8. Final provisions
8.1 Data protection: Personal data collected from the seller is treated confidentially and with due diligence. We refer you for the rest to the data protection declaration available on our website shop.arsam.co.uk.
8.2 Modifications: We reserve the right to adapt or modify these general terms and conditions at any time.
8.3 Partial validity: The invalidity of certain provisions of these general terms and conditions or of the delivery contract concluded with the customer shall not affect the validity of the remaining provisions.
8.4 Applicable law: This contract and all legal relations between the parties are subject to Spanish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.5 Place of performance and jurisdiction: Subject to mandatory legal provisions, the place of performance and jurisdiction shall be Barcelona, Spain. In any event, we reserve the right to call upon the Buyer at his registered office or place of residence.