Terms

Article 1: Definitions

  1. Sage Spa located in Las Lagunas de Mijas, ESX5569751W, is referred to as the seller in these general terms and conditions.
  2. The other party of the seller is referred to as the buyer in these general terms and conditions.
  3. The parties are the seller and the buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
  2. Deviation from these conditions is only possible if this has been explicitly agreed in writing by the parties.

Article 3: Payment

  1. The full purchase price is always paid immediately in the store. In some cases, a deposit is expected for reservations. In that case, the buyer will receive proof of the reservation and the prepayment.
  2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
  3. If the buyer remains in default, the seller will proceed to collection. The costs related to that collection will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of the seller on the buyer are immediately due and payable.
  5. If the buyer refuses to cooperate with the performance of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4: Offers, quotations and price

  1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that set period, the offer will lapse.
  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  3. Offers and quotations do not automatically apply to repeat orders. Parties must agree explicitly and in writing.
  4. The price stated on offers, quotations and invoices consists of the purchase price including the IVA owed and any other government levies in Spain.
  5. Government taxes outside Spain are not borne by the selling party. Buyer is 100% responsible for additional government charges such as import tax and duty.

Article 5: Right of withdrawal

  1. There is no right of withdrawal if the products are tailor-made according to its specifications.

Article 6: Amendments to the agreement

  1. If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in mutual consultation.
  2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. The seller will inform the buyer of this as soon as possible.
  3. If the change or addition to the agreement has financial and / or qualitative consequences, the seller will inform the buyer in writing in advance.
  4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement to the agreement will result in this price being exceeded.
  5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 7: Delivery and transfer of risk

  1. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

Article 11: Force majeure

  1. If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
  2. By force majeure the parties in any case mean any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riots, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller’s business.
  3. Furthermore, parties understand force majeure to mean the circumstance that supply companies on which the seller is dependent for the performance of the agreement do not fulfill the contractual obligations towards the seller, unless this can be blamed on the seller.
  4. If a situation as referred to above arises as a result of which the seller is unable to fulfill its obligations towards the buyer, then those obligations will be suspended as long as the seller is unable to fulfil its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
  5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12: Transfer of rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party.

Article 14: Liability

  1. Any liability for damage arising from or in connection with the performance of an agreement is always limited to the amount that is paid out in the relevant case by the liability insurance policy (s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
  2. The seller’s liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 15: Complaint obligation

  1. The buyer is obliged to immediately report complaints about the work performed to the seller.
  2. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
  3. If a complaint is well-founded, the seller is obliged to repair the goods and replace them if necessary.

Article 17: Applicable law and court

  1. Spanish law is exclusively applicable to every agreement between the parties.
  2. The Spanish court in the district where Sage Spa is established / maintains a practice / has office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are considered unreasonably onerous in legal proceedings, the other provisions will remain in full force.