General terms & conditions
This document establishes the general terms and conditions that shall apply to all contractual relationships for the purchase and sale of THU PERFIL, S.L. (hereinafter, ‘THU’) products by natural and/or legal persons (the ‘General Terms & Conditions’).
The purchase of any THU products and/or services implies the acceptance of these General Terms & Conditions.
THU has its registered office in Ribarroja del Turia (46394-Valencia), Polígono Industrial Masía Baló, calle Masía del Monte Alcedo, parcela 4.3, and is the bearer of Company Tax Number (CIF) B-46462032. THU is registered in the Commercial Registry of Valencia, Volume 4680, Folio 60, Sheet number V-30.006.
PURPOSE OF THE GENERAL TERMS & CONDITIONS
Pursuant to this document, THU hereby undertakes to deliver to the customer the products they have requested in exchange for a certain price, which will be effective within the period established for each specific case and under the terms and conditions set forth in the General Terms & Conditions.
THU undertakes to deliver the product in perfect condition to the address indicated by the buyer when placing the order. The delivery period will start from the date on which THU confirms the customer’s order, which must have been duly placed, and the customer returns it signed/stamped in acceptance of its contents. Only orders that meet the minimum sales quantities (boxes or pallets) set by THU and provided that THU has expressly accepted them (order confirmation) will be considered firm orders.
Freight is under no circumstances included in the price, and delivery costs will always be borne by the customer for orders under the amount of three thousand (3,000) euros. Orders below this amount will carry an additional cost of one hundred and fifty (150) euros.
The delivery time indicated when confirming the customer’s order is the maximum number of days estimated between the order confirmation and the time of dispatch, fixed in the following cases (delivery to mainland Spain):
Product A: 5 working days.
Product B: 10 working days.
Product C: Please check the delivery time for these products.
The product’s classification into groups A, B or C is indicated in the Annual Price List for each model.
Order entry will close every day at 14:00 (2 p.m.), so for practical purposes, orders received later than 2 p.m. shall be considered as having been placed the next day, regardless of the time their confirmation occurs via fax or email.
For Spanish islands, delivery will be free of charge (provided that the order exceeds three thousand euros) to the port of Valencia or Alicante and will be made available to the customer at the place of embarkation indicated by the latter. In such cases, delivery to the end destination should be arranged by the buyer with the shipping company they deem appropriate.
For orders with several product categories (A, B and/or C) and if the customer requests a single delivery, the longer delivery time shall apply.
Upon delivery of the goods, the customer must sign the delivery note giving their acceptance that the delivery has been made. The customer’s acceptance means they waiver all claims concerning the goods ordered and received.
If the customer does not accept the delivery, they must record the reasons for non-acceptance in the carrier’s delivery note. In the event that for reasons beyond THU’s control the product requested by the customer is not available, THU will offer them a replacement product of similar quality, without prejudice to the customer’s right to cancel the order and request a refund of the amounts paid.
Although meeting delivery times is one of THU’s priorities, in the event of delivery delays, no financial compensation will be made (unless otherwise stipulated in the order and with the prior agreement of THU and the customer).
THU reserves the right to change the list price without prior notice to adjust to the market situation of the raw material at any time. Likewise, THU may also modify the technical specifications of the products, whatever the cause, when this is considered appropriate and does not imply substantial changes to the product’s technical features and properties.
THU guarantees the quality of the products supplied and shall accept product returns when these have defects or do not arrive to the customer in good conditions for reasons attributable to THU. However, complaints regarding the delivery must be made within eight (8) calendar days following the receipt of the material either at the customer’s warehouses or the site indicated for that purpose. After this time, the material is considered to have been checked and accepted by the customer.
Under no circumstances shall THU be liable for damage to the material the customer may cause due to erroneous or improper use.
Orders for materials manufactured with specific characteristics requested by the customer may not be refunded, amended or cancelled without cause attributable to THU.
RIGHTS AND OBLIGATIONS
The customer undertakes to pay the amount of the requested material in the amount, time and manner previously agreed and established in the order confirmation sent by THU, which the customer must sign. In the absence of a specific condition, payment for the goods shall be made in cash.
Sales shall be covered by credit insurance companies. If sufficient credit protection is not obtained, THU reserves the right not to proceed with the sale.
The customer bears all risks of deterioration, impairment, damage and loss of the products from the moment the products have been made available.
The customer undertakes to check the good conditions of the material in front of the person delivering the requested material on behalf of THU. This check must be performed before signing the proof of delivery note.
All taxes are charged to the customer and will be applied in accordance with current legislation.
In the event of non-payment, regardless of the reason for it, the buyer shall also pay THU the accrued default interest. The default interest applied shall be 1% and will be accrued daily. This will be settled by instalments due from the day on which the product should have been paid.
Transfer of ownership of the goods sold shall only take place when the customer has made the full payment of the goods to THU. Until then, THU reserves the ownership of the goods sold and the customer expressly accepts the reservation of ownership of the products in favour of THU until their full payment.
The warranty that THU offers for its products is limited to the replacement of the products sold or to the reimbursement of products recognised as defective. THU will not offer any other type of compensation.
THU is responsible for the quality of its manufactured products and will accept complaints about them, bearing the following in mind:
THU shall only be liable for those products that have been installed in accordance with the instructions described for each product, and in the humidity and temperature conditions indicated for each of them. It is understood that the customer knows and has been informed of the conditions and instructions for the installation and assembly of the purchased products, with the order confirmation signed by each customer and returned by them to THU.
If any anomalies or defects are detected in our products during the installation, the installation must be stopped, and the customer shall make the consequent claim to THU.
Concerning eventual ceiling assembling and disassembling expenses, THU will not bear costs exceeding an amount equivalent to twenty percent (20%) of the value of the goods delivered.
As for hidden defects, as a general rule, THU shall accept complaints for a maximum period of six (6) months from the sale of our products.
THU shall not accept penalties for delays in the execution of the work, unless such penalties are previously agreed in writing. Should possible penalties be accepted, a document must be signed with the customer specifying:
Reasons for penalty.
Execution schedule with sufficient time to be able to respond in case of defects in the manufactured products.
Maximum amount of the penalty (which in no case may exceed 25% of the price of the products sold to the customer by THU).
Any dispute that may arise between the customer and THU will be judged by the appropriate Courts of Law within the city of Valencia.
Any order implies that these General Terms & Conditions of Sale are known, understood and accepted by the customer, and cannot be modified by other customer terms, in particular their general terms of purchase.
PROTECTION OF PERSONAL DATA
In accordance with Organic Law 15/1999, on the Protection of Personal Data, THU, with registered office indicated in these General Terms & Conditions, hereby informs its customers that it will include, during the validity of the existing business relationship between both parties and after its termination during the legally established periods, all the personal data generated during said business relationship in a personal data file, the purpose of which is to manage customers. The recipients of the information contained in this file will be the managers of THU’s Administration Department, which as file controller, guarantees customers the exercise of the rights of access, rectification, cancellation and opposition of the data provided, by emailing firstname.lastname@example.org, or by writing to THU’s address.